To the extent that by reason of not according Civil Partnerships the name ‘marriage’ The Civil Partnership Act 2004 discriminated against same-sex partners, that discrimination had a legitimate aim, was reasonable and proportionate and fell within the margin of appreciation accorded to Convention states.
|
Held that this was a case where, wholly exceptionally, the wealth created was of extraordinary proportions from H’s extraordinary talent and energy. Therefore in taking s.25 MCA 1973 into account W was entitled to £48m representing just under 37% of the parties’ total assets.
|
The court found on the evidence that a wife in ancillary relief proceedings had not proved her case that sums of money used to purchase five properties were a gift rather than, as contended by the husband, expended under a power of attorney for the benefit of his parents.
|
In the instant case, para 19(9) of Sch 2 to the Children Act 1989 was not an obstacle to the court giving approval to an authority arranging for a child to live in Germany with potential in-family adopters pending a hoped for adoption under s.55 of the Adoption Act 1976.
|
The HL allowed the appeal of the biological mother of children conceived in a same-sex relationship against an order making the non-biological parent the primary carer (2006) EWCA Civ 372. The HL held that her status as natural mother of the children was a factor to be taken into account and the courts below had allowed the context of the case to distract them.
|
Exercising a broad-brush discretion the CA concluded that a fund of £1.1 million should be made available to trustees to purchase a suitable property for a child during her minority. It was stated that only in exceptional circumstances should children be separately represented in proceedings under the Children Act 1989 s.15.
|
Held that the prohibition against publication contained in s.97 (2) of the Children Act 1989 lasted only as long as the proceedings themselves. Therefore a father was entitled to have an injunction forbidding publication of identifying information discharged where the proceedings had ended but not set aside since the order had been properly made.
|
The trial judge awarded £35,000 in damages under the provisions of the Protection Against Harassment Act 1997 to a young Sikh woman he found to have been subject to harassment by her former mother-in-law during the course of an arranged marriage.
|
In dismissing a husband’s appeal against an order for the transfer of the joint tenancy of the former matrimonial home to his wife it was held that a court making such an order is entitled to take into account the conduct of the parties in the exercise of its discretion.
|
An application by a mother to take her four-year-old son to live permanently with her in the United States was allowed as it was held to be genuine and motivated by more than a desire to exclude the father.
|
| 1 2 3 4 5 6 7 8 9 10 ... |