Appeal by Stated Case under section 51(11) (b) of the Children (Scotland) Act 1995:- On 20 May 2008 the respondent referred the case of N M, born on 15 May 2008, to a Children's Hearing for Renfrewshire that in terms of section 52(2)(c) of the Children (Scotland) Act 1995 he was likely:- "(i) to suffer unnecessarily; or (ii) be impaired seriously in his health or development, due to a lack of parental care." On 28 November 2008, the sheriff, after hearing evidence, found the grounds of referral ...
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The CA allowed in part the appeal of a Father against a fact finding judgment within care proceedings where findings had been made that he was the perpetrator of non-accidental injuries to both children and that the Mother could not be excluded as a perpetrator. The Father argued that the Mother should be found to be sole perpetrator of the injuries. Both parents sought a re-trial. The LA and GAL argued that neither parent could be excluded as a perpetrator. The CA substituted its own judgment a ...
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The court considered the question of costs orders and the enforceability of these arising out inter-related chancery division and ancillary relief proceedings. Ruling that a husband should pay the wife's costs of ancillary relief proceedings, the wife should pay 90% of the costs of 'the company' in Chancery proceedings and that the wife was entitled to a Bullock order allowing her to recover these costs from the husband.
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A father's appeal against the order that he pay £20,000 towards a mother's costs of appeal was dismissed. The court considered the principles of costs in children act cases in giving the reasons for the refusal of the appeal.
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In this action the pursuer sought decree of divorce and various orders including financial conclusions from the first defender including a capital sum of £20 million and interdict and interdict ad interim in relation to the first defender and the second defenders. On 24 February 2009 interim interdict in relation to the second defenders was granted in the following terms:- "... ad interim interdicts the Second Defender, Wards Estate Trustees Limited, by themselves, their agents or servants, ...
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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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