Sareen v Sareen [2010] EWCA Civ 951 (16 July 2010)

Application by the wife for permission to appeal ancillary relief order, fundamentally on the basis that the judge had attached too much importance to the voluntary division of assets effected by the husband six months after the divorce petition. Application dismissed.

Full report: Family Law Week

B v B [2010] EWHC 3422 (19 June 2010)

Ancillary relief. Husband named beneficiary of discretionary trust funds. Extent to which those were “financial resources” available to him. Wife sought award of £6.5m; husband proposed award of £3m. Wife awarded £4.5m, and substantial contribution to costs.

Full report: Family Law Week

Gourisaria v Gourisaria [2010] EWCA Civ 1019 (13 August 2010)

Appeal by husband against refusal to adjourn English ancillary relief proceedings to await the outcome of proceedings in India. Appeal dismissed.

Report: Family Law

A full report of this case is now available, on Family Law Week.

K v B [2010] EWHC 2151 (Fam) (13 July 2010)

The husband had acted unreasonably and his litigation conduct had been blameworthy. He was ordered to pay £17,000 of the wife's £28,500 costs.

Report: Family Law

Ashby v Killduff [2010] EWHC 2034 (Ch.) (30 July 2010)

TOLATA proceedings. Held that one property was not held in trust for the claimant but the claimant should receive some benefit by way of proprietary estoppel by virtue of contributions to renovations. The jointly owned investment property was (post severance of the joint tenancy) held as tenants in common subject to a trust that the claimant was responsible for all outgoings but entitled to income from it during his lifetime.

Full report: Family Law Week

Walsh v Singh (Costs) [2010] EWHC 1167 (Ch) (19 March 2010)

Cohabitee property dispute. The man's offer was better than the woman achieved, bringing CPR 36.14(1)(a) into play. However, no order for costs was made as the man's counterclaim failed, and in the light of his conduct.

Report: Family Law

MA v DB [2010] EWHC (25 May 2010)

The question arose whether the court could make residence and contact orders within Hague proceedings, which were not family proceedings within Children Act 1989.

Report: Family Law

This case has now been fully reported, as A v B [2010] EWHC (27 May 2010), on Family Law Week, and as MA v DB [2010] EWHC B21 (Fam) on Bailii.

Warwickshire County Council v TE & Ors [2010] EWHC B19 (Fam) (11 August 2010)

Residence of 12-year-old child transferred from mother to father. Child opposed to transfer and all attempts to implement the change of residence failed. Parents eventually agreed that there should be a residence order in favour of the mother; that there should be a supervision order in favour of the local authority for one year; that the father have indirect contact only and that pursuant to s.91(14) Children Act 1989 neither parent shall, without the permission of the court, make any further application in respect of the child until he has reached the age of 16. The court approved an order in these terms.

Full report: Bailii

Povse v Alpago (Case C-211/10) (European Court of Justice; 1 July 2010)

Held that the Italian court had retained jurisdiction concerning the child, and its certified order for return must be enforced in Austria.

Report: Family Law

Kaur v Matharu [2010] EWCA Civ 930 (23 June 2010)

Ancillary relief case involving an alleged third party TOLATA claim by a relative of the Husband. On appeal, the Circuit Judge had permitted oral evidence in support of the TOLATA claim. The Court of Appeal held that the Circuit Judge had been wrong to do so and in the course of the judgment reviews the law on admission of fresh evidence in appeals.

Full report: Family Law Week

Gineitiene v Lithuania (Application No 20739/05) (27 July 2010)

The court ordered that both children to live with the father based on the child's expressed wishes. The mother asserted this was discrimination against her religious beliefs. The mother's human rights claim was dismissed.

Report: Family Law

Re H (Leave to Remove) [2010] EWCA Civ 915 (19 May 2010)

Appeal by father against order granting mother leave to relocate to the Czech Republic. Appeal dismissed.

Report: Family Law

A full report is now available on Family Law Week.

Jones v Jones [2010] EWCA Civ 890 (24 June 2010)

Wife’s application for permission to appeal Charles J’s order within ancillary relief proceedings. Permission to appeal on specified grounds granted with judicial encouragement to resolve the matter by court-led mediation.

Full report: Family Law Week

M (A Child) [2010] EWCA Civ 888 (22 June 2010)

An appeal against an order made in September 2009 permitting a father to take a 7-year old child on holiday to France and/or Cameroon. Appeal allowed.

Full report: Family Law Week

M (Children) [2010] EWCA Civ 845 (22 June 2010)

Appeal against care and placement orders by a young mother who had a close relationship with her two children. The Court concluded that living at the maternal grandparents’ home was likely to cause emotional harm to the children but that it was not practical for the mother and children to live alone. Appeal dismissed.

Full report: Family Law Week