In a ’big money’ ancillary relief matter where a large proportion of the assets were inherited the court considered appropriate ways to value the Husband’s interest together with the principle of sharing before arriving at an award of £5.3m to the Wife being 32% of the assets. The FMH was an inherited asset held through a company with the Husband having a 50 year lease. The Court held that the value of the Husband’s lease should be divided 50/50. Other assets including the Husband’s bonuses were ...
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The court ordered a stay on English divorce proceedings holding that New York was the most appropriate forum for these. The couple had lived for sometime in the UK but both were now in New York and did not intend to return to the UK. The stay was to be subject to conditions which the court outlined but which were to be considered in full at a further hearing.
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The CA gave reasons for the orders it made in March 2010 allowing a Mother's appeal against the judgment within care proceedings which resulted in the immediate removal of her children from her care on 23rd December 2009 and listing the matter for hearing before a High Court Judge. The CA held inter alia that no adequate notice of the proposed removal had been given to the Mother, that it had not been demonstrated that the safety of the children demanded immediate removal and that the court was ...
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The CA upheld the refusal of an application to purge contempt for the breach of an injunction made within care proceedings prohibiting a Father from exercising contact with children other than as arranged by the local authority. The court gave as guidance eight questions which the court should ask itself in considering applications to purge contempt including how genuine the contrition shown is and what practical arrangements the contemnor has put in place to reduce the risk of future breach.
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The CA allowed the appeal of a Mother against Care and Placement orders and returned the matter to the Trial Judge for further consideration holding that a decision . The background to the case was that the Father had been found at the fact finding hearing to have caused a non-accidental injury to one of the children and the Mother had subsequently been found at the final hearing to have been seen together with the Father and not to have separated from him as she had claimed. The CA was very cri ...
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The CA upheld the judgment of Hedley J in a Court of Protection matter. Hedley J's judgment had provided that certain media representatives could attend the private hearing in respect of A (a talented musician) and make submissions at the conclusion of the hearing as to what matters they should be permitted to publish. The CA took a different view on the analysis of Article 10 rights to Hedley J but held that this would not have affected his reasoning and did not mean his decision was flawed.
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The CA granted permission to appeal and allowed the appeal of a Father against a Care Order. The final Care Order, which had been made at an Issues Resolution hearing at which the guardian did not attend and without consideration of contact issues, was set aside on the grounds of procedural irregularity.
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The CA allowed a wife’s appeal against an order terminating her periodical payments on the basis that she could adjust without undue hardship to their termination. The CA held that the Judge had been drawn into several errors, including the attribution of half the husband’s pension to his second wife, and treating the claims of the second wife as directly reducing the claims of the first wife. The Husband was ordered pay a lump sum of £215,000 as capitalized maintenance.
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The court refused to order the summary return to Ireland of three children in Hague Convention proceedings. The elder two children who were 8 and 6 years old were found to object to being returned and to have attained an age and degree of maturity at which is appropriate to take account of their views. The court exercised its discretion not to return the two eldest children on the basis of their objections and not to return the youngest child (a 3 year old) on the basis that splitting him from h ...
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Following an order (subsequently upheld in the CA) transferring the residence of an 11 year old boy from his Mother to his Father on the basis of parental alienation the court considered the arrangements for handover. The court found the LA's Care Plan for a 'bridge' placement in foster care to be deficient and ordered that the Mother be given a final chance to effect the handover directly to Father herself, failing which the Tipstaff was ordered to do so.
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