Case Summaries

S & H-S (Children): Re [2018] EWCA Civ 1282

Mother’s appeal against a care order made in December 2017 in relation to child L on the basis that threshold was not met in which the Court of Appeal gives guidance on setting out court findings on threshold.

FIND OUT MORE

Thompson v Thompson [2018] EWHC 1338 (Ch)

Judgment concerning the extent of the claimant’s interest in the family farm by virtue of proprietary estoppel.

FIND OUT MORE

G (A Child – transparency in the family courts) [2018] EWHC 1301 (Fam)

Munby P maintained the confidentiality of 2002 proceedings and refused the application of a Mother who alleged there had been a ‘miscarriage of justice’ to allow the matter to be heard in ‘the court of public opinion’.

FIND OUT MORE

Re AL (Human Fertilisation and Embryology Act 2008) [2018] EWHC 1300 (Fam)

Successful application pursuant to s.55 of the Family Law Act 1986 for a declaration of legal parentage.

FIND OUT MORE

Y (Children) [2018] EWCA Civ 1208

Appeal from a Circuit Judge’s order that two children (aged 7 and 10) should be returned to their home country of Canada pursuant to a Hague Convention application by the “left behind” father.

FIND OUT MORE

S (Abduction – Hague Convention Or BIIa) [2018] EWCA Civ 1226

Judgment in which the Court of Appeal examines the interaction between the 1980 Hague Child Abduction Convention and BIIA.

FIND OUT MORE

TK v Secretary of State for Work and Pensions (CSM) (Child support – tribunal practice) [2018] UKUT 163 (AAC)

Decision of the Upper Tribunal allowing an appeal regarding assessment of income for child maintenance; the First-tier Tribunal had determined the appeal without all the information it had said was “required”.

FIND OUT MORE

SH v Secretary of State for Work and Pensions, CH and Revenue and Customs (CSM) (Child support – calculation of income) [2018] UKUT 157 (AAC)

The Upper Tribunal concludes that Regulation 36(2)(b) of the Child Support Maintenance Calculation Regulations 2012 is redundant, due to its inherent contradiction with Regulation 36(1), which the Tribunal found no way to reconcile. Regulation 36(1) has to take priority, therefore making 36(2)(b) redundant.

FIND OUT MORE

Re R [2018] EWFC 28-1

Judgment of Baker J in care proceedings concerning an 11 year old girl who suffers from a number of profound disabilities and will need care and support for the rest of her life. Final care order made and arguments for an interim care order rejected.

FIND OUT MORE

Ahmad v Wood & Anor [2018] EWHC 996 (QB)

Damages claim alleging negligence and/or breach of terms of engagement in respect of the conduct of matrimonial proceedings and a cross-application by the Defendants seeking strike out of the claim as an abuse of process or as not disclosing reasonable grounds for the claim or alternatively, summary judgment pursuant to CPR Pt 24.2.

FIND OUT MORE

PW v Chelsea And Westminster Hospital NHS Foundation Trust & Others [2018] EWCA Civ 1067

An application to the Court of Appeal for permission to appeal a “best interests” decision and transparency order concerning a patient with end stage dementia.

FIND OUT MORE

Villiers v Villiers [2018] EWCA Civ 1120

An appeal concerning the interpretation of the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 in the context of an application pursuant to s.27 of the Matrimonial Causes Act 1973.

FIND OUT MORE

S (A Child) (Article 16 and 18 BIIa and Article 19 EU Service Regulation) [2017] EWHC 3768 (Fam)

Judgment of Mr Justice Williams considering the issues of habitual residence, jurisdiction in accordance with article 19 of Brussels IIa, article 18 of Brussels II and article 19 of the EU service regulations.

FIND OUT MORE

S & V (Children – Leave to Remove) [2018] EWFC 26

Application by a mother to return to Ukraine with the parties’ two children. Application dismissed.

FIND OUT MORE

Tish and Others v Olley & Ors [2018] EWHC 1069 (Ch)

Rose J’s judgment on a preliminary issue in a claim brought under the Inheritance Act 1975, namely the construction of a term of the deceased’s will purporting to provide ongoing maintenance to his children by way of reference to a previous financial remedy consent order.

FIND OUT MORE

VS v RE [2018] EWFC 30

Judgment of Mostyn J determining that the family court can order the sale of a property that is subject to a charging order. He sternly reminds family practitioners that even complex cases should be heard in the family court, not in the High Court.

FIND OUT MORE
No track loaded
0:00 / 0:00

Queue