Case Summaries

Unsuccessful application for a divorce petition to be heard in this jurisdiction

Case summary coming soon

Appeal against an order which moved two children from the care of a friend of the mother to foster care.

This was an appeal in relation to a decision made by His Honour Judge Glenn Brasse that one of the children in care proceedings should be separately represented.

This is an appeal against a decision of Francis J to stay the wife’s English divorce petition and dismiss her application for a single joint expert to be instructed to provide an opinion on Italian law.

This case involved an application for leave under s.13 Matrimonial and Family Proceedings Act 1984 to apply for the leave of the court to apply for financial relief in England and Wales. The test for the grant of leave is whether there is “substantial ground” for the making of an application.

This was a successful appeal by the Local Authority against the decision of HHJ Wicks dismissing care proceedings at an interim procedural stage, against opposition from the Local Authority and Children’s Guardian. The Court of Appeal determined that the Judge had erred in finding that threshold was not crossed and that he should not have summarily dismissed the proceedings [46].

Lady Justice King grants an appeal against a finding made by HHJ Farquhar within care proceedings that a father had ‘failed to protect’ his son.

An appellant attempted to recover litigation costs against the LA and Cafcass and failed.

This was an appeal from a return order made in Hague Convention proceedings by Mostyn J.

Mostyn J refused an application by a husband to revoke a disclosure order made during financial remedy proceedings

A claim based on proprietary estoppel for a share in a family business where a son worked for 30 years at a reduced wage.

Sir James Munby upholds the decision of Sir Stephen Brown P in Butler v. Butler, The Queen’s Proctor Intervening [1990] 1 FLR 114 as correct and properly to be followed; where a divorce petition has been issued in breach of section 3(1) MCA 1973, then the petition is null and void and the court has no jurisdiction to entertain it. This defect is not curable by amending the original petition. The court has no power to grant discretionary relief in such circumstances.

A husband appeals against an order forcing him to transfer properties into his sole name after he had reneged on an agreement with his wife to do so. Appeal dismissed.

Judgment of Mr Justice Mostyn refusing to give effect to a prenuptial agreement in circumstances where inter alia it failed to meet the Husband’s needs and there had been no independent legal advice. The court also underlines the importance of compliance with
FPR PD27A and the Efficiency Statement of 1 February 2016

Appeal heard by MacDonald J of an order following financial remedy proceedings. The Husband had been given permission to appeal on his first ground of appeal only, essentially that the Judge at first instance had failed to make adequate capital provision for the Husband.