Matrimonial - Proof:- The parties married on 22 July 1977 and had a child during the course of that marriage who is now over the age of 16. The parties separated on 20 August 2002 and have remained apart since that date. Decree of divorce was pronounced following evidence that their marriage had broken down irretrievably. Here the defender sought a claim for financial provision of £3,988,515.00 with interest from 30 August 2002 until payment. During the period of the marriage the pursuer wa ...
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A mother's appeal against a residence order made in favour of paternal grandparents in relation to an 8 year old child who had resided with the mother since the separation of his parents was allowed. The CA holding that, nter alia, the judge had not grappled with the fundamental principle that a child has a right to be brought up by a natural parent unless their welfare positively demands an alternative. In a fraught case with a history of extreme hostility between the parents the CA quoted Phi ...
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In an appeal brought by a LA the main question considered was whether s.38 (6) could be used to direct a local authority to place a child for the purposes of assessment in a placement which is unregulated. In the instant case such an order had been made by justices to place a child with maternal relatives whilst under an ICO. The court held that s.38(6) could be used in this way and dismissed the appeal.
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In the ‘credit crunch’ appeal Mr Myerson was granted leave to appeal but his appeal was refused. The CA held that the devaluation of the shares which had made up his portion on the equity in an agreed consent order did not constitute a Barder event and that in any event he had already invoked that statutory power of variation on which a hearing will take place later this year.
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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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