Case Summaries Up To February 2012
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By Law Brief Publishing on 23/02/2012 23:35
The court dismissed a Husband's application for the return of his passport which was held by the tipstaff pending the conclusion of ancillary relief proceedings. The court considered the authorities and found the Husband to be in contempt of court and further that the Wife had a good case for a substantive award, the Husband was plainly about to quit the jurisdiction and this would materially prejudice the Wife in her application.
By Law Brief Publishing on 23/02/2012 23:32
The court conducted a final hearing in this long running litigation in the absence of the Husband, who did not attend. The court order a lump sum of £12.5m to the wife (£8.3m constituting maintenance). Funds held in court were released to the Wife (save for a portion held back on account of previous costs orders) however the full sums payable were not identifiable within the jurisdiction for the court to make specific orders. Ongoing enforcement proceedings are highly likely.
By Law Brief Publishing on 23/02/2012 23:31
The court granted a declaration that a marriage ceremony undertaken in the UK had no legal effect as the parties had previously undergone a valid marriage ceremony in Connecticut, US. The court deplored the practice of participating in two ostensibly valid ceremonies for social reasons.
By Law Brief Publishing on 23/02/2012 23:30
The CA refused a Husband's appeal against an order in Ancillary Relief proceedings. Permission had been granted to appeal on specific 'arithmetical' points. the CA however held that the Husband's conduct throughout 10 years of litigation and the trial itself had left the trial judge in the position of having to make certain assumptions.
By Law Brief Publishing on 02/02/2012 20:13
The court allowed a Husband's appeal against an ancillary relief order in which he received no Mesher charge over the Wife's property. The court considered the effect of a marriage settlement entered into by the parties prior to their marriage, the impact of Granatino and the source of the parties' assets before ordering a charge of 33% (increased to 35% to include the Husband's costs of appeal).
By Law Brief Publishing on 02/02/2012 20:12
The court considered a non-traditional family set up where 2 siblings lived with their biological mother and her female partner and their biological Father who had PR lived with his male partner. The court had previously found the elder child in particular to be suffering harm as a result of the lack of agreement between the parties as to the role the men should play in the lives of the children. The court ordered monthly staying contact between the men and the younger child and ordered the matt ...
By Law Brief Publishing on 02/02/2012 20:11
The court held that a Mother's arrangement of the removal of a child to Italy in breach of a PSO which had been served on her constituted a wrongful removal and that therefore the child remained habitually resident in the UK for the purposes of Brussells II Revised. A man claiming to be the child's father had obtained the PSO notwithstanding his lack of parental responsibility or leave to apply for s.8 orders.
By Law Brief Publishing on 02/02/2012 20:10
Moor J allowed in part a Husband's appeal from an ancillary relief judgment in a small money case. He discharged the orders for periodical payments and for the sale of the FMH to be deferred for two years but maintained the split of 70/30 in the wife's favour of the proceeds of sale of the FMH. He described the case as one in which he sought to ' balance the unfairness'.
By Law Brief Publishing on 02/02/2012 20:09
The CA upheld a judgment that a child Q's needs and welfare required adoption notwithstanding the availability of her Father to care for her in circumstances where Q, the Mother and other family members would be a significant risk of 'honour-based' violence if Q's birth became known to the maternal grandfather. Q had been placed with adopters by the time the Father came forward and there were concerns in respect of his delay and lack of understanding of Q's needs.
By Law Brief Publishing on 02/02/2012 20:08
The CA upheld a judgment following a complex fact finding hearing at the conclusion of which a Judge found that a mother had been complicit in the sexual abuse of her children. The Mother had sought to appeal based on the Judge's lack of reasoning however the CA found that his judgment was sufficiently reasoned.
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