P & Q v Surrey County Council [2011] EWCA Civ 190 (28 February 2011)

Appeal by two sisters with substantial learning difficulties against a declaration that the arrangements for them do not amount to a deprivation of their liberty. Appeal dismissed.

Full report: Bailii

FL v Registrar General [2010] EWHC 3520 (24 May 2010)

A 63 year-old woman applied for disclosure of information from the Registrar General concerning her adopted father’s birth family. Application refused.

Full report: Family Law Week

Kremen v Agrest [2010] EWHC 3091 (Fam) (03 December 2010)

Application by wife for share transactions to be set aside under s23 Matrimonial and Family Proceedings Act 1984. The application was granted in respect of one transaction, which was set aside.

Full report: Bailii

Kremen v Agrest [2010] EWHC 2571 (Fam) (15 October 2010)

Application by wife for a charge to be set aside under s23 Matrimonial and Family Proceedings Act 1984. Application granted and charge set aside.

Full report: Bailii

Minkin v Cawdery Kaye Fireman & Taylor [2011] EWHC 177 (QB) (7 February 2011)

Appeal against order of costs judge that where solicitors in matrimonial proceedings refused to carry out work until outstanding fees were paid, the refusal constituted a repudiation of the contract and no fees were payable. Appeal dismissed.

Full report: Family Law Week

O (Children) [2011] EWCA Civ 128 (16 February 2011)

Appeal by mother against decision requiring her to return children to the USA. Appeal allowed and father's originating summons seeking the return of the children to the USA dismissed.

Full report: Bailii

LBL v RYJ AND VJ [2010] EWHC 2665 (COP) (22 September 2010)

Court of Protection case heard in the High Court in which Macur J considers relief under the inherent jurisdiction alongside provisions of the Mental Capacity Act 2005.

Full report: Family Law Week

Official Solicitor to the Senior Courts v Yemoh [2010] EWHC (Ch) (15 December 2010)

Held that polygamous marriages contracted in accordance with the customary law of Ghana were recognised for the purposes of succession to real estate in England and Wales.

Report: Family Law

Traversa v Freddi [2011] EWCA Civ 81 (14 February 2011)

Appeal by husband against dismissal of application under Part III of the Matrimonial and Family Proceedings Act 1984, in the light of the Supreme Court decision in Agbaje v Agbaje. Appeal allowed.

Full report: Bailii

O’Donaghue v UK [2010] ECHR (App No 34848/07) (14 December 2010)

The government's system for preventing sham marriages of people subject to immigration control breached the right to marry and was discriminatory.

Report: Family Law

Full report: ECHR

R (FZ) v London Borough of Croydon [2011] EWCA Civ 59 (1 February 2011)

Application for permission to bring judicial review proceedings to claim that a local authority had wrongly determined the Appellant’s age. Permission granted.

Full report: Family Law Week

C (A Child) [2011] EWCA Civ 72 (14 January 2011)

Application for permission to appeal the refusal of leave to remove a seven year-old girl, I to go to live in Australia. Application refused.

Full report: Family Law Week

B (A Local Authority) v AM [2010] EWHC B31 (Fam) (15 October 2010)

The Court considered the issue as to whether the court on an application for a care order in respect of a young person aged 17 with lifelong disabilities should transfer the case to the Court of Protection to be dealt with under the Mental Capacity Act 2005 rather than the Children Act 1989.

Full report: Family Law Week

Walsh v Singh [2011] EWCA Civ 80 (10 February 2011)

Appeal against costs order in cohabitee property dispute. Appeal dismissed.

Full report: Bailii

SK v WL [2010] EWHC (26 February 2010)

Wife sought equal division of matrimonial assets. Husband sought 75/25 split on basis of the increase in value of the his company post separation. Held that the increase was due only in part to his endeavours. Wife received just over 40% of the overall assets.

Report: Family Law

Independent Trustee Services Ltd v GP Noble Trustees [2010] EWHC 3275 (Ch) (14 December 2010)

At issue was whether sums paid to the wife in ancillary relief proceedings by consent should be repaid on grounds that they represented funds wrongly removed from certain pension schemes by the husband. Held that money paid to the wife pursuant to a consent order became hers absolutely as a bona fide purchaser.

Report: Family Law

Full report: Bailii

Richardson v Richardson [2011] EWCA Civ 79 (08 February 2011)

Appeal by husband against final ancillary relief order on the basis of subsequent events, including the death of the wife and the avoidance by the husband's insurers of a policy which left his business uninsured against a substantial damages claim. Held that the wife's death did not constitute a Barder event, but that the avoidance of the policy was a vitiating event.

Full report: Bailii

M v M [2010] EWHC 2817 (Fam) (19 October 2010)

Application by the wife for interim periodical payments, under Part III Matrimonial and Family Proceedings Act 1984. Husband failed to file an affidavit and wife submitted that he should not therefore be heard. The court agreed and an interim maintenance order was made.

(Also reported with the citation [2011] EWHC 3574.)

Full report: Bailii

D Borough Council v AB (Rev 1) [2011] EWHC 101 (COP) (28 January 2011)

Case involving the issue of whether an adult with moderate learning disability had the mental capacity to consent to sexual relations. Held that he did not at the present time.

Full report: Bailii

G v E & Ors [2010] EWHC 3385 (Fam) (21 December 2010)

Application for costs in long-running Court of Protection proceedings. Held that this was a case for departing from the general rule of no order as to costs.

Full report: Bailii

CW & Ors v TW [2011] EWHC 76 (Fam) (01 February 2011)

Long-running children dispute. Application by mother to commit father to prison for various alleged breaches of orders and undertakings. Application for direct contact by paternal grandparents. Father found to be in breach of order. Trial contact visit with paternal grandparents ordered.

Full report: Bailii