The CA dismissed a husband’s appeal against the annulment of a bankruptcy order and a consequent ancillary relief order of £1,000,000 in the wife’s favour. The CA considered the law in relation to annulment of bankruptcy orders and the position where a Judge having given judgment is persuaded to reverse this.
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The Defender was appointed Executrix Dative for the estate of her half-brother (the deceased). The Pursuer had co-habited with the deceased for about 2 ½ years before his death but they had not entered into a civil partnership. The deceased died intestate and without issue. He was survived only by the Defender. Section 29 of the Family Law (Scotland) Act 2006 allows an application to be made by a surviving cohabitant where the deceased cohabitant died intestate and was domiciled in Scotland ...
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The CA considered for the first time the question of whether a penal notice addressed to the local authority could be attached to an order for contact under s.34 CA 1989 and whether such an order is enforceable by committal. The CA found that a penal notice could be attached and the order enforced by committal although on the facts of the instant case they removed the penal notice as contact was working smoothly.
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A husband's application for permission to appeal out of time against orders in relation to ancillary relief proceedings was refused.
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The application by Mr and Mrs Webster for permission to appeal out of time Care, Placement and Adoption orders in relation to their three oldest children was refused. The Care orders had been made in 2004 and the Adoption orders in 2005. Fresh medical evidence which showed that the injuries to child B which had been found by the court in 2004 to be non accidental and formed the basis of the threshold in respect of the three children were in fact more likely to be due to iron deficiency/sc ...
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This was a dispute between local authorities in relation to the discharge of duties under s.20 (1) CA 1989 to an asylum seeker AK who was assessed by Liverpool CC as being 18 but within immigration proceedings as being 15. The CA held that LB Hillingdon had not discharged its duty under the section by virtue of having ascertained AK's wish to live in Liverpool and arranging for him to be taken to Liverpool.
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In this case, when the two parents separated, the judge in the present case ordered the father to leave the family home by 20 September 2005 and provided that he and the mother were to have shared residence of three of their children. The order said that they should spend alternate weeks and half of their school holidays with each parent. The father had no other accommodation available to him and on 18 August 2005 applied to his local Council for assistance under Part VII of the Housing Act 199 ...
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The CA granted an intervenor in care proceedings permission to appeal against the findings made within those proceedings including the finding that he could not be excluded from the pool of potential perpetrators of an assault on a child. The CA indicated that a point of principle may arise as to the circumstances in which the court could properly make a 'Lancashire' finding.
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The CA allowed a father's appeal against a finding of fact made by the judge that he had unlawfully killed his child. Such a finding was not on the schedule of findings sought and the judge had refused an adjournment for the father to put evidence in place to contest such a finding. It was held that if the judge is to make findings of face whihc are not sought by the local authority or not contained in its schedule, then he or she must be astute to ensure; a) that any additional or differ ...
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The CA dismissed a wife's claim for relief under Part III of the Matrimonial Causes and Family Proceedings Act 1984 (financial relief after an overseas divorce) holding that Nigeria had been the natural and appropriate forum for the resolution of her claims and that no substantial injustice had been done to her there notwithstanding the fact that the award made had been significantly lower than that which would have been made in English proceedings.
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