Case Summaries Up To May 2007
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By Law Brief Publishing on 25/05/2007 00:00
The court allowed a maternal grandmother's appeal against an order, made without an oral hearing or notice to her, granting the paternal grandmother leave to apply for a contact order.
By Law Brief Publishing on 24/05/2007 00:00
The CA upheld the decision of the trial judge in ancillary relief proceedings to make orders leaving the wife with £48 million (or 36.5% of the parties' assets). It was held that this was a rare case of special contribution by the husband but that had been fully and correctly taken into account by the judge in making the order.
By Law Brief Publishing on 23/05/2007 00:00
The court granted a local authority an order allowing them to disclose findings that a mother has assaulted her eight year old daughter to the mother's employer (a residential home for elderly people) or the local authority in which she worked.
By Law Brief Publishing on 23/05/2007 00:00
The CA affirmed the decision of Silber J that the Secretary of State's scheme whereby a person who was not an EEA citizen needed a certificate of approval from the Secretary of State before they could marry was incompatible with art 12 of the European Convention of Human Rights.
By Law Brief Publishing on 22/05/2007 00:00
A husband's appeal against a district judge's order in ancillary relief proceedings was allowed in circumstances where there had been no FDR and the district judge had sought to ring-fence assets emanating from the wife's family resulting in an order leaving the husband with 17% of the assets.
By Law Brief Publishing on 16/05/2007 00:00
The CA dismissed a mother's appeal against a trial judge's refusal to order a test for osteogenesis imperfecta. The test had been advised by the medical expert on forensic not medical grounds and the CA stated that a such forensic decision was a case management decision for the judge not for a medical expert.
By Law Brief Publishing on 16/05/2007 00:00
The CA allowed an appeal by parent's within care proceedings to the extent of allowing them to instruct their own expert witness. It was held to be of paramount importance that the parents should have confidence in the fairness of the proceedings.
By Law Brief Publishing on 15/05/2007 00:00
The court dismissed a mother's appeal against the decision of justices granting full care and placement orders. It was contended that they had failed to give proper or sufficient reasons, however the court held that, while not as detailed as that of a professional judge, the judgment had clearly considered every point in the instant case.
By Law Brief Publishing on 15/05/2007 00:00
The CA upheld a judge's decision to continue an ICO in respect of two children to allow further assessment of the mother's ability to care for them following the court making findings of unreasonable physical chastisement.
By Law Brief Publishing on 15/05/2007 00:00
An appeal against the striking out of a mother's claim under art. 8 HRA 1998 was dismissed. The CA held that art 8 did not require the introduction into common law of a duty of care to parents suspected of abusing their children.
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