KSO v MJO & Anor [2009] EWHC 2152 (Fam) (10 August 2009)

Bailii Report

Order that wife pay costs of father-in-law - father-in-law obtained injunction freezing wife's share of proceeds of sale of former matrimonial home - wife applied for injunction to be discharged - application dismissed.

K v K [2009] EWHC 1876 (Fam) (25 June 2009)

Family Law Newswatch report

Wife Australian, husband English - wife issued divorce petition in England, basing jurisdiction on the husband's domicile of origin in England - court granted wife a certificate under the special procedure - husband applied for permission to apply out of time to set aside both the directions for trial under the special procedure and the certificate, and for wife's petition to be dismissed for want of jurisdiction - applications dismissed.

O (A Child) [2009] EWCA Civ 876 (29 January 2009)

Family Law Week report

Application by two prospective carers for permission to appeal, with appeal to follow, a local authority’s viability assessment. Application allowed but appeal dismissed.

Regina v K (Matrimionial proceedings: Privilege against self-incrimination) (28 July 2009)

Times Report

While information disclosed under compulsion in matrimonial ancillary relief proceedings was not admissible in criminal proceedings, admissions made in without prejudice negotiations were not inadmissible.

The full report may now be found here.

N (A Child) [2009] EWHC 2096 (Fam) (5-6 August 2009)

Family Law Week report

Judgment dealing principally with costs arising from contentious contact and residence litigation between unmarried parents.

P (R, on the application of) v London Borough of Croydon [2009] EWHC 1993 (Admin) (3 July 2009)

Family Law Week report

Application for judicial review concerning an age assessment report which found the applicant to be just over 17 years old. A review of the age assessment decision was ordered.

GC v LD & Ors [2009] EWHC 1942 (Fam) (24 July 2009)

Bailii Report

Child taken into care by one local authority - interim residence order made in favour of grandmother, who lives in the area of another local authority - steps taken towards the making of a special guardianship order in favour of grandmother. Question arose as to which local authority should be responsible for financial support for the child. Held, original local authority should be responsible until special guardianship order made, thereafter grandmother's local authority.

Williams v Bateman [2009] EWHC 1760 (Ch) (22 July 2009)

Family Law Newswatch

Bankruptcy order made against the husband - trustee applied for a declaration in respect of the interests in the property, and for an order for sale - judge made a declaration that the trustee had a 50% beneficial interest, with an order for sale - judge made certain deductions in the wife's favour, including £37,245.50 by way of equity of exoneration - wife appealed, arguing that the equity of exoneration figure should have been treated as a set-off against the trustee's interest in property, under Insolvency Act 1986, s 323(1) - appeal dismissed.

M v M [2009] EWHC 1941 (Fam) (29 July 2009)

Family Law Newswatch

Wife informed the court that she intended to apply for a transfer to her of the husband's shares in the company run by him. A few days before the hearing she abandoned this application and sought periodical payments. Her application for periodical payments was dismissed, and the husband sought an order that the wife pay half his costs. Held, this was a case in which an issue based costs order should be made. The wife was ordered to pay £175,000 of the husband's costs of about £916,000.

The full report can now be found on Bailii, here.

Heath v Heath & Anor [2009] EWHC 1908 (Ch) (24th July 2009)

Family Law Week report

Application by second wife for specific performance of an agreement with the deceased’s first wife (1st defendant) for the sale of her half share of the matrimonial home. The judge found that the agreement was not specifically enforceable but held that the claimant and 1st defendant now held the property in trust in equal shares.

MA & Ors (Children), Re [2009] EWCA Civ 853 (31 July 2009)

Bailii Report

Appeal by guardian against dismissal of care proceedings, as judge found that the s.31 threshold was not crossed. Appeal dismissed.