Case Summaries

Mostyn J dismisses committal application as a result of ‘fatal errors’ in the procedure adopted.

Unsuccessful application for permission to reopen findings of fact in a case involving non-accidental injuries to a child.

Judgment of Cobb J considering a father’s application under the Hague Convention and Article 11 of Council Regulation (EC) 2201/2003 seeking the return of his son to Hungary, despite the parties being habitually resident in Germany at the time of the child’s removal. The decision considers the use of undertakings to protect against the grave risk of harm to the child if his return is ordered.

Judgment dealing with an application by a Turkish mother under the Hague Convention for summary return of a child to Turkey.

Application by the husband pursuant to rule 4.4(1)(b) of the FPR 2010 that the wife’s application for financial remedies in the divorce suit be struck out on the basis that it was (a), vexatious, and/or duplicative and/or (b), on the basis there had been prior compromise within earlier judicial separation proceedings.

Judgment of Sir James Munby in which he decided not to extend a reporting restrictions order in relation to the birth parents in a case with a significant history where the names of the birth parents were already in the public domain.

Rehearing of a fact-finding within care proceedings, following conflicting expert evidence called at the subsequently-abandoned criminal trial years later.

Judgment of Mostyn J concerning a wife’s application seeking periodical payments for joint lives and the adjournment of her capital claims.

Court of Appeal financial remedies decision addressing issues of the approach the court should take to the valuation of shares in a private company and how to determine non-marital wealth.

Successful appeal of the dismissal of a father’s application under the Hague Child Abduction Convention 1980

Financial remedy appeal concerning the validity of a prorogation clause in a prenuptial agreement and the effect, if any, on the Court’s ability to take into account needs, compensation and sharing where there is a valid prenuptial agreement with no vitiating factors.

Application under the 1980 Hague Convention for the summary return of a child to the jurisdiction of Portugal

Successful appeal to the Court of Appeal against a care and placement order.

Unsuccessful appeal against a secure accommodation order, in which the Court of Appeal sets out the current law on secure accommodation orders.

Application for a declaration to remedy an error arising from the insertion of the wrong date on a form required by statute for legal parentage.