The Court determined the question of whether for the purposes of English divorcer and connected proceedings a Talaq pronounced by the respondent Husband in Jeddah in Saudi Arabia and placed by Deed of confirmation before the Sharia Court is entitled to be afforded recognition in this jurisdiction. The court answered the question in the affirmative.
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The CA allowed the appeal of three children in respect of a order for their return under the provisions of the Hague Convention to Poland. The matter was remitted for re-hearing for the Judge in the light of the children's objections to return to exercise discretion as to whether this should nevertheless be ordered.
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The CA allowed a Father's appeal against the refusal the court below to order summary return of his child to Australia. The CA held that the court below had not directed itself correctly as to the impact of the Supreme COurt judgment in Re E.The CA criticised utilisation of paragraph 36 of Re E as directions in Hague Convention cases.
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In an important case in respect of family placements during the course of LA involvement the CA upheld the judgment of Black J that a child placed with her grandmother but with no public law order was a 'looked after child' and that therefore the grandmother was entitled to a fostering allowance from the relevant LA.
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The CA allowed an appeal in respect of nullity proceedings. A significant disputed element in the hearing below was a certificate which puported to be a Ugandan marriage certificate. The CA held that given that this was on the face of it authenticated by various Ugandan authorities it should have been presumed to be valid and the burden fall on the party seeking to show it was not valid. The matter was remitted for re-hearing as these issues had not been considered below.
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The Court granted permission for an Applicant to issue a Petition for Nullity without having to file a marriage certificate in the context of an Islamic marriage. No evidence was heard and the issue of whether the parties believed a valid marriage under English law had taken place was not decided.
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The court gave a summary of case law in respect of overseas trust assets before awarding a W the equivalent of £2,957,269 made up of a Housing settlement, pension, Lump sum, her own assets and a new settlement in respect of a charge on the FMH. The Court deviated from the clean break principle stating "Fairness is not to be sacrificed on the altar of finality". The court warned the Trustees and H that there were sufficient non trust assets to produce the same results by other means and the order ...
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The CA upheld a judgment of Black J where she found on the facts that a child was accomodated with her grandmother pursuant to a placement under s.23 (2) CA 1989 rather than s.23(6). This was relevant to the financial support to which she was entitled. A caution is expressed by the Court however that the case was decided under the law at the time and these provisions have subsequently been amended by CYPA 2008.
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The Supreme Court considered the correct approach to calculating beneficial interests in a property where the legal title is held in joint names. The Supreme Court agreed with the original county court judgment holding that Mr Kernott's share in the property had crystallised in 1995. The decision which was unanimous but with Lord Kerr and Lord Wilson reaching the same result as Lady Hale and Lord Walker (who gave the lead judgment) and Lord Collins but by a different route.
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The CA allowed a Father's appeal against an order made in the High Court limiting the disclosure to be made to him within Care Proceedings. The Mother had applied to adduce a psychiatric report but had sought to disclose this only to the court and other parties. Limited disclosure of certain passages only had been ordered in the High Court. The CA ordered the whole report to be disclosed.
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