The CA refused a Father permission to appeal against the judgment of Mrs Justice Black in the matter of W v W [2010] EWHC 332 in which she had refused to order the return of three children to Ireland. The judge had taken account of the views of the elder two children aged 8 and 6 who objected to any return. The CA held, inter alia, that it was open to her to conclude that the degree of their maturity, along with their ages made it appropriate for her to take their views into account.
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The court determined that twin girls who had been born in England in 2007 but send to the Cameroons in 2008 with the grandmother were now now habitually resident in the Cameroons. It was found that the Mother had agreed to the twins being sent with their grandmother for an indeterminate period. The wardship summons issued by the Mother was dismissed.
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The Court of Protection made declarations in respect of an adult who had 'a significant impairment in intellectual functioning as a consequence of a learning disability' and thus lacked the capacity to make decisions about her healthcare and to conduct or defend proceedings. It was held to be in her best interests to undergo a hysterectomy in order to treat her cancer. Given she had a phobia of hospitals and needles if persuasion failed the NHS trust could be authorised to use force if necessary ...
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The CA by a majority allowed the appeal from the judgment in Jones v Kernott [2009] EWHC 1713 (Ch) (itself an appeal). The trial judge had imputed a common intention to the parties to vary their shares in a property, held at that time in equal shares, following separation where one party had remained in the property and taken on all expenses in connection with it. The trial judge had found their beneficial interests to have been varied to 90% and 10%. This approach was upheld in the High Court b ...
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The CA upheld an order in ancillary relief proceedings dealing with issues relating to a family trust. The CA differed in reasoning to the trial judge and it was held that shares held by the wife were held on constructive trust for three of the children notwithstanding the fact that at the time they transferred to the control of the Husband the children were too young to have any intentions in respect of them.
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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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