Macdonald J gives judgment on an out of hours application in which a health trust sought authority to remove a woman, who was in obstructed labour, from her home to hospital to deliver the baby there, including an emergency Caesarean operation if necessary. He granted the application.
An application which raised the question of the court’s power to dismiss an application and the evidential implications of an application by a Local Authority to seek to withdraw allegations at an interim stage during a fact – finding hearing
Sentence of eight weeks ordered in committal proceedings for calling the Judge “a stupid cunt” and putting the judge in fear of his safety
Appeal against decision that the Thwaite jurisdiction did not apply to the executory Rose order the parties had agreed in settlement of financial proceedings allowed and order varied.
Application for permission to appeal out of time a final order in financial remedy proceedings made in 2018 allowed
A father successfully appealed a decision to set aside a return order.
Appeal against findings that the father sexually abused his daughter. Appeal allowed; case remitted for rehearing.
Appeal and cross appeal concerning the fees charged for children to register as British citizens. Court upheld finding that the Secretary of State had failed in her duty under s.55 of the Borders, Citizenship and Immigration Act 2009 to assess children’s best interests and ensure that these were a primary consideration
An appeal in which the court deals with “the Family Court's powers to control the distribution of sensitive material and the principles on which such powers should be exercised.” [11]
Application for a financial remedy order in a 33-year marriage, involving the identification of matrimonial and non-matrimonial property.
The case concerned an appeal against a return order made under the 1980 Hague Convention. The appeal mainly centred on the judge’s exercise of his discretion to make a return order, although the father challenged the findings made on the issue of consent.
Matrimonial finance proceedings with a jurisdictional issue resolved in favour of the English court despite previous financial proceedings in Russia. H lost on his assertion that he had transferred most of his wealth to his son from a previous marriage. But H’s substantial assets from property development businesses were determined to be pre-marital. The matter therefore concluded with an award based on need, not on sharing as sought by W.
This is a sad case seeking to raise the alarm about the drastic shortage of regulated placements capable of meeting the welfare needs of children with complex emotional and behavioural needs. The case concerned G who, in Mr Justice MacDonald’s words, is “a highly troubled and vulnerable young woman with multifaceted emotional and behavioural difficulties and at high risk of serious self-harm or suicide”.
A husband’s unsuccessful second appeal in possession proceedings which depended upon the proper interpretation of a Consent Order in financial remedy proceedings.
Mostyn J emphasises the prime criterion of temporal proximity when seeking to establish a causal link for the purposes of relying on residual jurisdiction
The preliminary issue before the court was whether it had jurisdiction to hear M’s C100 application pursuant to s.8 CA 1989.
