The ECHR awarded €5,000 in respect of non-pecuniary damage to an Applicant after holding that his rights under art 8 of the Convention had been infringed by his child had been taken into public care without his consent and without an order under the relevant domestic legislation. Once orders under the relevant domestic legislation had been made his rights under art 8 were no longer infringed. Restrictions on his contact with the child were also held to have infringed art 8, as the applicant had ...
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In AR proceedings issued by a wife after a separation of seven years, the court found she should not receive shares in a company run by the husband after the separation.
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It was held that a kyogi rikon (a Japanese form of divorce by consent which takes effect once registered) is a divorce 'obtained by means of proceedings' for the purposes of section 46(1) of the Family Law Act 1986. The judge therefore declined to refuse recognition of that divorce under section 51(3) of the Act and rejected the petition for nullity under section 11(b) of the Matrimonial Causes Act 1973.
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On a referral of a supervisory notice on an “Own-Initiative Variation of Permission” based on concerns that the FSA was not satisfied that Mr Faulkner was a fit and proper person on the basis of a significant number of previous convictions, a bankruptcy order, and a failure to disclose such matters to the FSA or any adequate explanation of this failure to disclose. Mr Faulkner’s success in an appeal against the OFT that he was not a fit and proper person did not determine the application before ...
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The FSA notified Mr Petkar of its intention to make a direction against him disqualifying him from being employed in connection with investment business of any kind in the United Kingdom and so directed under s. 59 of the Financial Services Act 1986 on 24 August 1999. On the introduction of the Financial Services and Markets Act 2000, the disqualification direction was novated into a prohibition order under s. 56 of the Act. By application Mr Petkar sought to vary or revoke the prohibition order ...
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Adopting a purposive construction of the Convention on Civil Aspects of International Child Abduction (The Hague Convention) 1980. The court held that a Greek father had failed to show that an English mother’s removal of A, to the UK, had been wrongful in Greek law. She had been granted provisional and exclusive care of the child by the Greek court and was entitled to select a place of residence for the child outside the jurisdiction of the Greek court.
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A father’s appeal against the finding he had caused injury to his son was dismissed. The CA held that while on the facts the judge had dealt inadequately with the medical evidence there was compelling evidence to support his conclusions.
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An appeal against Care Orders was allowed where the LA had removed children on the basis of third party allegations of physical abuse, which were not borne out, and subsequently sought to run the case on the basis of the parents’ low intelligence.
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In order to demonstrate the open nature of the family justice system Lord Justice Wall took the unusual step of reserving judgment and giving full written judgment in two cases where he refused leave to appeal to two appellant fathers acting in person in Children Act cases. After full explanation of his reasons for refusing leave in the individual cases he reiterated his earlier comments in Re O [2004] 1 FLR 1258 as to the importance the court attaches the contact and the need for parents to tak ...
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While they had not followed the recommendations of 2:1 care set out in an expert report Lincolnshire CC had not been perverse or irrational, or otherwise unlawful, in setting a care plan for a 17-year-old suffering from a degenerative disease.
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