Judgments

UNDER CONSTRUCTION FOR 2014

 

 

Page Last Updated: 7th June 12

The list below is of key judgements published this year. Click the links to browse the archive of judgements.

2012

  B (A Child) [2012] EWCA Civ 737
Judgement (06/06/2012)
Case summary coming soon.

   Thomas v Jeffrey and Others [2012] EWCA Civ 693
Judgement (06/06/2012)
Appeal against costs order in Inheritance Act proceedings. Appeal allowed.

  J (A Child) [2012] EWCA Civ 720
Judgement (06/06/2012)
Contact application. Appeal by father against decision that there should be no order for contact. Appeal dismissed.

  Re E (A Child) [2011] EWHC 3521 (Fam)
Judgement (01/06/2012)
Judgement in intractable contact / parental alienation case, giving guidance on case management in such matters.

  A Local Authority v DS [2012] EWHC 1442 (Fam)
Judgement (31/05/2012)
President’s judgement concerning delay and ultimate refusal by the LSC to grant prior authority for the instruction of an independent social worker to perform a parenting and risk assessment of parents. The President provides Guidance on seeking prior authority from the LSC for instructing an expert witness in family proceedings.

  Aspden v Elvy [2012] EWHC 1387 (Ch)
Judgement (31/05/2012)
Dispute between unmarried parties as to the beneficial ownership of a property which involved claims of constructive trust and proprietary estoppel.

  L (Children) [2012] EWCA Civ 721
Judgement (31/05/2012)
Appeal against occupation order made excluding the husband from the former matrimonial home for 3 months where no recent violence alleged but finding that children were likely to suffer significant harm if parties did not separate. Appeal dismissed.

  Re R (Children) [2012] EWCA Civ 687
Judgments (31/05/2012)
Appeal against judgment refusing permission to instruct an expert concerning the possible cross-transmission to a child of a sexually transmitted disease. Appeal dismissed.

  H (A Child) [2012] EWCA Civ 714
Judgments (31/05/2012)
Appeal in private law children proceedings concerning, amongst other matters, discussions taking place between counsel and the judge. Appeal dismissed.

  Kim v Morris [2012] EWHC 1103 (Fam)
Judgments (22/05/2012)
Dispute as to whether a decree nisi granted in divorce proceedings in 2006 but which had never been made absolute, should be rescinded or alternatively leave should be granted for the decree nisi to be made absolute.

  Re JS [2012] EWHC 1370 (Fam)
Judgments (22/05/2012)
Fact finding hearing in care proceedings involving non-accidental intra-cranial injuries to a 15 week old child in which Baker J considered medical evidence from six leading experts.

  VC v GC [2012] EWHC 1246 (Fam)
Judgments (16/05/2012)
Private law case. Child habitually resident in England. F sought to rely on exception in Article 12(1)(b) Brussels II Revised to stay English proceedings and for matters to be dealt with by French court. Held M had not unequivocally accepted French jurisdiction and even if Judge wrong in reaching that conclusion, best interests of child were met by hearing being conducted in England.

  B (A Child) [2012] EWCA Civ 632
Judgments (16/05/2012)
Appeal by grandmother in private law proceedings against a residence order to be made in favour of the mother of her grandchild once the mother found suitable accommodation. Appeal allowed.

  S (A Child) [2012] EWCA Civ 617
Judgments (16/05/2012)
Appeal in private law contact case in which Cafcass officers disagreed as to whether there should be supervised contact but where commencement of supervised contact had been ordered without oral evidence from the Cafcass officers.

  D (A Child) [2012] EWCA Civ 627
Judgments (14/05/2012)
Appeal as to which local authority was the designated local authority with responsibility for implementing a care order for a child, in circumstances where the child’s mother was herself a child in care.

  Lilleyman v Lilleyman [2012] EWHC 1056 (Ch)
Judgments (10/05/2012)
Judgment on the issue of costs following the substantive decision in Inheritance Act claim in Lilleyman v Lilleyman.

  Lilleyman v Lilleyman [2012] EWHC 821 (Ch)
Judgments (10/05/2012)
Judgment in Inheritance Act proceedings brought by a wife against the estate of her late husband. The defendants were the husband’s two sons from an earlier marriage, who were both executors and principal beneficiaries under the husband’s will.

  W-B (A Child) [2012] EWCA Civ 592
Judgments (10/05/2012)
Appeal as to whether proceedings, concerning the residence of the parties’ child, should take place in Scotland, where she now lived with the mother, or England. Appeal allowed.

  I-A (Children) [2012] EWCA Civ 582
Judgments (10/05/2012)
Appeal of order in a fact-finding hearing over allegations of sexual abuse. Appeal successful.

  C (A Child) [2012] EWCA Civ 535
Judgments (10/05/2012)
Appeal by mother against findings made in care proceedings at a welfare hearing which differed from the findings made at the previous fact-finding hearing

  Yates v Yates [2012] EWCA Civ 532
Judgments (04/05/2012)
Appeal of a financial remedy order which had extended and capitalised spousal periodical payments.

  W (Children) [2012] EWCA Civ 528
Judgments (04/05/2012)
Appeal by mother in private law contact proceedings against refusal of a psychological assessment or Cafcass report and extension of interim contact, following findings of domestic violence.

  Cawdery Kaye Fireman & Taylor v Minkin [2012] EWCA Civ 546
Judgments (03/05/2012)
Decision concerning the grounds which entitle a solicitor to suspend and/or terminate a solicitors’ retainer and the costs payable by the client in such an event

  Geary v Rankine [2012] EWCA Civ 555
Judgments (03/05/2012)
Case involving non-married cohabitants in which the Claimant unsuccessfully claimed that she had a beneficial interest in and / or that she had been a partner in, a business owned by the Defendant

  E (A Child) [2012] EWCA Civ 537
Judgments (03/05/2012)
Appeal by mother against placement order in case linked to proceedings concerning her partner’s children.

  AV v RM [2012] EWHC 1173 (Fam)
Judgments (03/05/2012)
Application for permission to appeal in which Moor J considered the correct test to be applied to such applications

  A County Council v M and F [2011] EWHC 1804 (Fam)
Judgments (01/05/2012)
Fact finding involving the unexplained death of, and multiple injuries to, a seven-month old baby.

  R v R [2011] EWHC 3093 (Fam)
Judgments (26/04/2012)
Final hearing in financial remedy proceedings where parties had been married for seven years, involving total assets of about £4m, half of which were nor accessible for some years.

  LSdC (A Child) [2012] EWHC 983 (Fam)
Judgments (26/04/2012)
Residence dispute in which the father contended that the Portuguese court (which had been seised of the proceedings) retained jurisdiction whereas the mother wished the English courts to determine the matter.

  Chapman v Jaume [2012] EWCA Civ 476
Judgments (26/04/2012)
Dispute concerning repayment of capital sums (plus interest) which the appellant had paid for, inter alia, substantial works at the Respondent’s property at a time when the parties’ had been cohabiting.

  LB of Islington v Al Alas and Wray [2012] EWHC 865 (Fam)
Judgments (19/04/2012)
Care proceedings where the parents’ second child had been removed at birth after the first child, who suffered from rickets, had died. The parents had been charged and cleared of his death. Held that the parents were not responsible for the death. The second child was ordered to be returned to the parents.

  F v F [2012] EWHC 438 (Fam)
Judgments (12/04/2012)
Final hearing of a financial remedy application in a complex big money case

  K (Children) [2012] EWHC Case No. LS09C05566
Judgments (12/04/2012)
Care proceedings concerning a family of five children, three of whom have serious complex disabilities. Care proceedings withdrawn and the three children made wards of court pending review.

  M (A Child) [2012] EWCA Civ 446
Judgments (12/04/2012)
Court of Appeal judgment on appeal from the making of a s91(14) order. Appeal allowed.

  KK v MA & Ors [2012] EWHC 788 (Fam)
Judgments (10/04/2012)
Judgment, following a fact finding judgment, in financial remedy proceedings as to the division of assets, in some of which the Official Receiver had claimed an interest.

  P (Children) [2012] EWCA Civ 401
Judgments (05/04/2012)
Appeal by parents against care and placement orders on the grounds of procedural unfairness. Appeal allowed.

  S v Z [2012] EWHC 846 (Fam)
Judgments (05/04/2012)
M granted permission to remove the child permanently to Tanzania despite a contrary recommendation by Cafcass.

  P (A Child) [2011] EWCA Civ 1793
Judgments (05/04/2012)
Permission to appeal granted and appeal dismissed in respect of a mother of a child removed by local authority on the grounds that the mother had breached undertakings to live in a refuge and not to communicate with the father.

  Re J (Children) [2012] EWCA Civ 380
Judgments (03/04/2012)
Appeal by local authority against the dismissal of care proceedings in respect of three children where the facts relied upon by the authority were findings in earlier proceedings involving the mother in which the perpetrator of harm to her child had not been identified. Appeal dismissed.

  SJ v JJ [2012] EWHC 931 (Fam)
Judgments (29/03/2012)
Further judgment in respect of a child removed by the mother to Poland. Residence order made in favour of the mother with contact to the father in both Poland and the UK.

  R (Children) [2011] EWCA Civ 1795
Judgments (29/03/2012)
Father’s appeal against findings of sexual abuse against him. Appeal dismissed.

  Lawrence v Gallagher [2012] EWCA Civ 394
Judgments (29/03/2012)
Judgment of Court of Appeal relating to financial orders made following the dissolution of a Civil Partnership

  Re A (Disclosure of Third Party Information) [2012] EWHC 180 (Fam)
Judgments (29/03/2012)
The applicant father in contact proceedings sought disclosure of the identity of a third party (“X”) who had made allegations of sexual abuse against him and he also sought details of those allegations and medical evidence pertaining to X’s mental and physical health.

  Arshad v Anwar [2012] EWCA Civ 372
Judgments (29/03/2012)
Judgment following the appeal of an order made against a husband that he must pay the costs incurred in his wife’s abortive Part III MFPA 1984 application.

  A v T [2011] EWHC 3882 (Fam)
Judgments (22/03/2012)
Hague Convention / Brussels II Revised proceedings where there had been a written agreement entitling the mother to leave Sweden to return to the UK with the children should she choose to do so.

  X v X [2012] EWHC 538 (Fam)
Judgments (22/03/2012)
Judgment following final hearing in a settled financial remedy case, giving guidance as to the preparation and presentation of such cases.

  Prest v Prest [2012] EWCA Civ 325
Judgments (22/03/2012)
Application for permission to appeal the judgment of Moylan J in complex financial remedy proceedings where one of the issues was the circumstances in which it is possible to pierce the corporate veil.

  H (A Child) [2012] EWCA Civ 281
Judgments (22/03/2012)
Court of Appeal. Appeal in private law contact proceedings between the father of C, and C’s mother and her husband. The circuit judge had set aside, on appeal, a district judge’s decision and imposed a different conclusion without conducting a full evaluation process. Appeal allowed.

A (Children) [2012] EWCA Civ 185
Judgments (08/03/2012)
Appeal against findings made in preliminary issue trial, on the basis of procedural irregularities in arranging a meeting between the judge and a child. Appeal dismissed.

  A v SM & anor [2012] EWHC 435 (Fam)
Judgments (15/03/2012)
Forced marriage case heard by Baker J which included consideration of applications for forced marriage protection orders under Part 4A of the Family Law Act.

  A v B and C [2012] EWCA Civ 285
Judgments (15/03/2012)
Appeal by biological father of child residing with the biological mother and her lesbian partner concerning contact arrangements in respect of the child. Appeal allowed and case remitted to a Family Division judge.

  In the matter of S (a Child) [2012] UKSC 10
Judgments (14/03/2012)
Appeal by mother to the Supreme Court against an order of the English Court of Appeal that she should immediately return her son, aged two, to Australia. The mother relied on Art 13(b) of the Hague Convention on the Civil Aspects of International Child Abduction 1980. Appeal allowed.

  Tower Hamlets London Borough Council v MK [2012] EWHC 426 (Fam)
Judgments (08/03/2012)
Care proceedings involving issues of jurisdiction, paternity and s.38(6) applications

  GS v L [2011] EWHC 2116 (Fam)
Judgments (07/03/2012)
Costs judgment following the substantive hearing in GS v L [2011] EWHC 1759 (Fam). The wife contended that there should be a departure from the usual position in relation to costs by virtue of the husband’s approach to the litigation.

  C (Children) [2011] EWCA Civ 1774
Judgments (07/03/2012)
Appeal against orders under Children Act 1989 s 34(4) excusing the local authority from making further contact provisions in respect of two children, and against their mother under s 91(14) of the Act. Appeal dismissed.

  Fisher Meredith v JH and PH (Financial Remedy: Appeal: Wasted Costs) [2012] EWHC 408 (Fam)
Judgments (06/03/2012)
Appeal brought by solicitors in financial remedy proceedings against a wasted costs order made against them.

  B v S (Financial Remedy: Marital Property Regime) [2012] EWHC 265 (Fam)
Judgments (01/03/2012)
Financial remedies case including an analysis of matrimonial property regimes and more helpfully a straightforward analysis of the law relating to periodical payments.

  GS v L [2011] EWHC 1759 (Fam)
Judgments (01/03/2012)
Financial remedies case final judgment in a case in which the husband had argued that £1.49 m of assets were ring-fenced having either been pre-acquired or subject to a community of property agreement.

A Local Authority v H [2012] EWHC 49 (COP)
Judgments (01/03/2012)
Court of Protection proceedings. Declarations made as to the incapacity in several respects of a 29 year old woman with learning difficulties and atypical autism, including incapacity to consent to sexual relations.

  G v G [2012] EWHC 167 (Fam)
Judgments (27/02/2012)
Financial remedies case with matrimonial assets of £2.6 million where the husband had a well paid job in the city and the wife had a significant earning capacity as well as being the beneficiary under substantial family trusts.

  Edgerton v Edgerton [2012] EWCA Civ 181
Judgments (27/02/2012)
Appeal against interlocutory orders whereby the wife could continue ancillary relief proceedings and which left freezing orders made in her favour in place , notwithstanding Chancery Division proceedings which had dealt with most of the Husband’s assets.

  F (Children) [2011] EWCA Civ 1765
Judgments (22/02/2012)
Appeal in respect of the timing of a declaration of parentage of twins and orders relating to the disclosure to them of parentage. Appeal allowed.

  McC (A Child) [2012] EWCA Civ 165
Judgments (22/02/2012)
Judgment on a preliminary application to adduce fresh medical evidence in the context of an appeal against final care and placement.

  McC (A Child) (No 2) [2012] EWCA Civ 166
Judgments (22/02/2012)
Mother’s application for permission to appeal judgment on the basis of judge’s approach to the issue of low vitamin D levels and increased vulnerability to fractures in infant bones.

  El Gamal v Al Maktoum [2011] EWHC B27 (Fam)
Judgments (16/02/2012)
Application before Bodey J to determine whether an Islamic wedding ceremony took place and if so what its legal effect was, if any, in English law.

  K v LBX [2012] EWCA Civ 79
Judgments (16/02/2012)
Appeal against an order authorising a trial placement in a supported living facility near to the family home. Consideration as to whether the Art 8 right to respect for family life requires the court in determining issues under the inherent jurisdiction or the Mental Capacity Act 2005 to afford priority to the placement of an incapacitated adult in his or her family or whether family life is simply one of “all the relevant circumstances” which under the Mental Capacity Act 2005, s.4, the court is bound to consider.

  LA v X & others [2011] EWHC 3401 (Fam)
Judgments (16/02/2012)
Application by maternal grandmother of X prior to a fact-finding hearing for her 17-year son, who suffers from Asperger’s Syndrome, to give oral evidence. Application refused. The balancing exercise set out in Re W [2010] UKSC 12 applied.

  Z (A Child) [2012] EWHC 139 (Fam)
Judgments (16/02/2012)
Application by mother for a residence order in respect of the parties’ daughter and for permission to relocate her from UK to Australia. Applications granted. Payne v Payne (2001) and K v K (2011) considered.

  W (A Child) [2012] EWCA Civ 106
Judgments (16/02/2012)
Father’s appeal against the making of an interim care order in care proceedings concerning a 14-month old child, H.

  B v B [2012] EWHC [2012] EWHC 314 (Fam)
Judgments (09/02/2012)
Judgment of Mr David Salter sitting as a deputy judge of the Family Division of the High Court in a financial remedies case where the parties had been married for 15 years and involving issues of pre-marital wealth, the sharing principle, reattribution of assets rather than setting aside earlier dispositions and containing an important reminder of the correct method for valuing pensions in payment.

  O’Farrell v O’Farrell [2012] EWHC 123 (QB)
Judgments (09/02/2012)
Decision of Tugendhat J sitting in the Queen’s Bench Division concerning enforcement of two German judgments against a serving soldier made in divorce proceedings in Germany in 2003.

  L (Children) [2011] EWCA Civ 1705
Judgments (09/02/2012)
Court of Appeal. Mother’s appeal against findings in relation to the deaths of two children where there had been contradictory medical evidence. Appeal dismissed.

  B-A (Children) [2011] EWCA Civ 1643
Judgments (19/01/2012)
The maternal grandmother sought party status within care proceedings shortly before the final hearing because she sought to establish herself as primary carer for the three children subject to the local authority’s applications.

  Young v Young [2012] EWHC 138 (Fam)
Judgments (05/02/2012)
Application by the husband in financial remedy proceedings for the return of his passport which had been impounded by the court pursuant to earlier orders. Application dismissed.

  Hutchings-Whelan v Hutchings [2012] EWCA Civ 38
Judgments (02/02/2012)
Judgment on appeal from a final order in ancillary relief proceedings.

  Z and another v C and another [2011] EWHC 3181 (Fam)
Judgments (02/02/2012)
Application for parental order under s 54 Human Fertilisation and Embryology Act 2008 in respect of twins conceived as a result of a surrogacy agreement between the Israeli applicants and a clinic in India. Issues as to domicile.

  EF v MGS [2011] EWHC 3139 (Fam)
Judgments (25/01/2012)
Application under the 1980 Hague Convention for return of a child to Spain in which the central issue was whether the child, P, was habitually resident in Spain.

  LG v DK [2011] EWHC 2453 (COP)
Judgments (25/01/2012)
Judgment of the President, sitting in the Court of Protection, concerning the question of the approach to be applied in an application for DNA testing of an adult lacking capacity to establish paternity of a third party.

  NLW v ARC [2012] EWHC 55 (Fam)
Judgments (25/01/2012)
Judgment of Mostyn J dealing with the procedure to be used when applying for permission to appeal a financial consent order and offering guidance on the court’s powers when determining such an application.

  Galloway v Goldstein [2012] EWHC 60 (Fam)
Judgments (25/01/2012)
Application for a declaration under Family Law Act 1986 section 55(1)(c) that a second marriage ceremony in the UK, following a ceremony in the United States, was of no legal effect. Declaration granted.

  Re N (A Child – Religion – Jehovah’s Witness) [2011] EWHC B26 (Fam)
Judgments (24/01/2012)
High Court proceedings in which father sought to restrict the extent to which mother involved the child in the practice of her religion as a Jehovah’s Witness. Principles to be applied in cases relating to religious upbringing.

  SJ and Another v JJ and Another [2011] EWHC 3450 (Fam)
Judgments (21/01/2012)
Proceedings relating to a child (A) retained in Poland by his mother. Father applied under Brussels II Revised seeking orders (a) making A a ward of court; (b) requiring that A be returned to this jurisdiction; and (c) in the alternative seeking contact. Held that the English court retained jurisdiction. Interim contact order made.

  HN v FL and Another [2011] EWHC 2894 (COP)
Judgments (21/01/2012)
Application in the Court of Protection by the sister of an 68-year old woman to move her to a new nursing home and to remove restrictions on her contact. Application unsuccessful.

  R (CJ by his litigation friend ) v Cardiff City Council [2011] EWCA Civ 159
Judgments (19/01/2012)
Appeal concerning the burden of proof to be applied when assessing the age of an applicant for the purpose of determining a local authority’s duties to him or her under the Children Act 1989. Held, dismissing the applicant’s appeal, that it was for the court to decide whether, on a balance of probability, the claimant was or was not, at the material time, a child.

  Dolan v Corby [2011] EWCA Civ 1664
Judgments (19/01/2012)
Appeal against an occupation order which had been made under the Family Law Act 1996 (Part IV) excluding the Appellant from the rented property that he had shared for many years with the Respondent.

  Kremen v Agrest (No.11) (Financial Remedy: Non-Disclosure: Post-Nuptial Agreement) [2012] EWHC 45 (Fam)
Judgments (19/01/2012)
Final judgment in High Court of application by wife for financial orders under Part III of the Matrimonial and Family Proceedings Act 1984, dealing with issues of material non-disclosure by the husband, the treatment to be given to a post-nuptial agreement and an application by a third party for a charging order absolute against the husband.

  Re C; C v Blackburn and Darwen Borough Council (2011) EWHC 3321 (COP)
Judgments (19/01/2012)
Court of Protection proceedings to determine whether the accommodation of a 45 year old man with an acquired brain injury in a local authority care home amounted to a deprivation of his liberty. Held, on a narrow balance, that he was subject to a restriction on his liberty rather than being deprived of it.

  LB of Hillingdon v Neary [2011] EWHC 3522 (COP)
Judgments (19/01/2012)
Costs dispute in relation to Court of Protection proceedings concerning a vulnerable adult. The judge ordered a departure from the usual no order for costs order rule applicable to such cases by virtue of the unusual circumstances of the case and the approach the local authority had taken.

  RK v BCC and others [2011] EWCA Civ 1305
Judgments (05/01/2012)
Appeal from the Court of Protection. Deprivation of liberty. Circumstances when it can be said a child has been deprived of liberty.

  V v V [2011] EWHC 3230 (Fam)
Judgments (04/01/2012)
Appeal against a financial remedy order by a district judge. Appeal allowed because insufficient consideration had been given to the existence of a marital settlement, the nature of the parties’ contributions and the length of the marriage.

  Gowers v Gowers [2011] EWHC 3485 (Fam)
Judgments (04/01/2012)
Financial remedy proceedings between a husband and a wife in which a company, closely connected to the husband but which he did not own, paid £500,000 into court. That sum was ordered to be paid to the wife as a first instalment of a lump sum. Held that the court had no jurisdiction to make that order.

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