Results: 18

• Jones v Jones

  21 Jan 2010 [2009] EWHC 2654 (Fam), Fam D (Charles J)

  28 Jan 2011 [2011] EWCA Civ 41; [2012] Fam 1; [2011] 3 WLR 582; [2011] 1 FLR 1723; [2011] WLR (D) 26, CA (Sir Nicholas Wall PFD, Arden LJ, Wilson LJ)

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 60.
  HUSBAND AND WIFE — Financial provision — Lump sum award
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  HUSBAND AND WIFE — Financial provision — Lump sum award — Assessment of lump sum payment to wife — Husband bringing company into ten-year marriage — Company sold shortly after separation at vastly increased value — Whether husband's earning capacity to be treated as asset — Whether to be capitalised — Correct approach to division of assets into matrimonial and non-matrimonial assets — Relevance of earning capacities to fair distribution of assets — Matrimonial Causes Act 1973, s 25

  4 Case(s) considered

  1 Statute considered
• Surrey County Council v P (Equality and Human Rights Commission intervening) (Cheshire West and Chester Council v P)

  15 Apr 2010 [2010] EWHC 785 (Fam); [2011] MHLR 108, Ct of Protection (Parker J)

  28 Feb 2011 [2011] EWCA Civ 190; [2012] Fam 170; [2012] 2 WLR 1056; [2012] PTSR 727; [2011] 2 FLR 583, CA (Mummery LJ, Smith LJ, Wilson LJ)

  10 Jul 2012 (appn all) [2012] 1 WLR 2374; [2012] PTSR 1323, SC(E)

  19 Mar 2014 [2014] UKSC 19; [2014] AC 896; [2014] 2 WLR 642; [2014] PTSR 460; [2014] 2 All ER 585; [2014] WLR (D) 140; Case details, SC(E)

  Subsequent considerations : 8 positive; 10 neutral; 2 negative; most recently considered: 2025. Subsequent citations: 166.
  MENTAL DISORDER — Incapable person — Deprivation of liberty
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  MENTAL DISORDER — Incapable person — Deprivation of liberty — Adolescent sisters with severe learning disabilities and mental age of young children — Local authority removing sisters from abusive home environment and placing them separately in foster home and residential home — Whether living arrangements amounting to deprivation of liberty — Factors relevant to objective assessment of question whether person deprived of liberty — Whether lack of objection to arrangements by person lacking capacity relevant — Whether medication or lack of medication relevant — Human Rights Act 1998, Sch 1, Pt I, art 5

  MENTAL DISORDER — Incapable person — Deprivation of liberty — Local authority placement — Person lacking mental capacity to make decisions as to care — Placement in house with live-in carers or with foster parents — Aim of placement to be as much like ordinary living arrangements as possible — Person escorted on outside activities or to attend college but liable to be prevented from leaving without supervision — Person not evincing dissatisfaction with placement and showing no desire to leave — Whether arrangement amounting to deprivation of liberty — Whether relative normality or benevolent purpose of living arrangements relevant factors — Human Rights Act 1998, Sch 1, Pt I, art 5 — Mental Capacity Act 2005, s 64(5) (as inserted by Mental Health Act 2007, s 50(7), Sch 9, para 10(4))

  10 Case(s) considered

  2 Statutes considered

• Coventry City Council v O

  22 Jun 2011 [2011] EWCA Civ 729; [2012] Fam 210; [2012] 3 WLR 208; [2012] PTSR 835; [2012] LGR 279; [2011] 2 FLR 936; [2011] WLR (D) 205, CA (Lord Neuberger MR, Wilson LJ, Dame Janet Smith)

  Subsequent citations: 3.
  ADOPTION — Arrangements for adoption — Placement order

  ADOPTION — Placement order — Revocation
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  ADOPTION — Arrangements for adoption — Placement order — Local authority obtaining placement orders with view to children’s adoption — Children living with foster parents pending adoption by prospective adopters — Foster parents serving notice of intention to apply for adoption orders on day before planned removal of children to prospective adopters’ home — Whether county court judge having jurisdiction to grant injunction restraining local authority from removing children until adoption application made — Source of jurisdiction — Principles applicable in exercise of jurisdiction — Whether injunction to be granted — Senior Courts Act 1981, s 37 — County Courts Act 1984, s 38 — Human Rights Act 1998, Sch 1, Pt I, art 8 — Adoption and Children Act 2002, ss 21(1), 38 — Family Procedure (Adoption) Rules 2005, rr 118, 119

  ADOPTION — Placement order — Revocation — Local authority obtaining placement orders with view to children’s adoption — Children living with foster parents pending adoption by prospective adopters — Introductory meetings taking place between children and prospective adopters in days prior to planned removal — Whether children “placed for adoption” — Whether foster parents precluded from applying to revoke placement order — Adoption and Children Act 2002, s 24(2)(b)

  3 Case(s) considered

  1 Words & Phrases considered

  4 Statutes considered

  1 Statutory Instrument considered
• In re A (Forced Marriage: Special Advocates)

  06 Oct 2010 [2010] EWHC 2438 (Fam); [2012] Fam 102; [2011] 2 WLR 1027; [2011] 1 FLR 1493, Fam D (Sir Nicholas Wall P)

  14 Dec 2010 [2010] EWHC 3282 (Fam); [2012] Fam 102; [2011] 2 WLR 1027, Fam D (Sir Nicholas Wall P)

  Subsequent considerations : 2 positive. Subsequent citations: 15.
  EVIDENCE — Disclosure — Forced marriage protection orders
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  EVIDENCE — Disclosure — Forced marriage protection orders — Judge permitting applicant not to disclose to other parties evidence relied on to obtain orders — Whether special advocate procedure appropriate on disclosure or substantive issues — Whether necessary to appoint special advocate whenever non-disclosure of information to parties — Whether possible to achieve fair hearing where special advocate not appointed — Family Law Act 1996, ss 63A–63S (as inserted by Forced Marriage (Civil Protection) Act 2007, s 1)

  2 Case(s) considered

  1 Statute considered
• K v K (Children: Permanent Removal from Jurisdiction)

  07 Jul 2011 [2011] EWCA Civ 793; [2012] Fam 134; [2012] 2 WLR 941; [2012] 2 FLR 880, CA (Thorpe LJ, Moore-Bick LJ, Black LJ)

  Subsequent considerations : 3 positive; 1 neutral. Subsequent citations: 53.
  CHILDREN — Removal from jurisdiction — Permanent removal
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  CHILDREN — Removal from jurisdiction — Permanent removal — Mother with shared residence order applying to remove children permanently from jurisdiction — Father having significant role in children’s life — Judge granting application — Whether paramountcy of children’s welfare sole principle to be applied — Proper role of Court of Appeal’s guidance — Weight to be attached to recommendation of CAFCASS officer — Whether decision to be set aside — Children Act 1989, s 13(1)(b)

  4 Case(s) considered

  1 Statute considered
• A v P

  08 Jul 2011 [2011] EWHC 1738 (Fam); [2012] Fam 188; [2012] 3 WLR 369; [2012] 2 FLR 145, Fam D (Theis J)

  Subsequent considerations : 3 positive; 2 neutral. Subsequent citations: 36.
  CHILDREN — Orders with respect to children — Parental order
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  CHILDREN — Orders with respect to children — Parental order — Couple domiciled in England entering into surrogacy arrangement in India — Couple jointly applying for parental order — Husband dying before granting of order — Whether jurisdiction to consider application — Whether cause of action surviving death of one applicant — Whether necessary for both applicants to be living at time of making of order — Whether order to be made — Law Reform (Miscellaneous Provisions) Act 1934, s 1(1) — Human Rights Act 1998, Sch 1, Pt I, art 8 — Adoption and Children Act 2002, s 1 — Human Fertilisation and Embryology Act 2008, s 54

  2 Case(s) considered

  4 Statutes considered

• Galloway v Goldstein

  16 Jan 2012 [2012] EWHC 60 (Fam); [2012] Fam 129; [2012] 2 WLR 1003; [2012] 1 FLR 1254, Fam D (Mostyn J)

  HUSBAND AND WIFE — Marriage — Declaration of marital status
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  HUSBAND AND WIFE — Marriage — Declaration of marital status — Valid marriage taking place abroad — Second marriage ceremony in England resulting in registration of marriage in England — Divorce taking place and financial relief ordered in same jurisdiction as first marriage ceremony — Whether second ceremony of any legal effect — Whether decree of nullity appropriate — Whether appropriate to grant declaration that parties’ marriage not subsisting after date of divorce — Whether declaration to be granted that second ceremony of no legal effect — Family Law Act 1986, ss 55(1)(c), 58(5)

  1 Case considered

  1 Statute considered

• Young v Young

  03 Feb 2012 [2012] EWHC 138 (Fam); [2012] Fam 198; [2012] 3 WLR 266; [2012] 2 FLR 470, Fam D (Mostyn J)

  Subsequent citations: 12.
  EUROPEAN UNION — Freedom of movement — Restriction

  HUMAN RIGHTS — Liberty — Interference with

  INJUNCTION — Interlocutory — Jurisdiction to grant
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  EUROPEAN UNION — Freedom of movement — Restriction — Court impounding litigant’s passport pending final trial of ancillary relief claims — Risk of litigant leaving country — Whether restriction on litigant’s freedom of movement proportionate — FEU Treaty, art 21FEU — Parliament and Council Directive 2004/38/EC, art 27

  HUMAN RIGHTS — Liberty — Interference with — Court impounding litigant’s passport pending final trial of ancillary relief claims — Whether infringing Convention rights to liberty and respect for private life — Human Rights Act 1998, Sch 1, Pt I, arts 5, 8

  INJUNCTION — Interlocutory — Jurisdiction to grant — Husband in contempt after failing to comply with court orders in ancillary relief proceedings — Risk of husband leaving country — Whether jurisdiction to restrain husband from leaving country by impounding passport — Conditions to be satisfied before making such order — Debtors Act 1869, s 6 (as amended by Supreme Court of Judicature (Consolidation) Act 1925, s 224(1))

  1 Case considered

  1 EU Enactment considered

  2 Statutes considered
• Mercredi v Chaffe

  22 Dec 2010 (Case C-497/10 PPU); EU:C:2010:829; [2012] Fam 22; [2011] 3 WLR 1229; [2011] 1 FLR 1293, ECJ (Judge Tizzano (President))

  Subsequent considerations : 7 positive; 3 neutral; most recently considered: 2020. Subsequent citations: 149.
  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Orders with respect to children

  EUROPEAN UNION — Judicial cooperation in civil matters — Regulation EC No 2201/2003
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  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Orders with respect to children — Unmarried mother moving with child from first member state to second member state — Whether child “habitually resident” in first member state — Proceedings in relation to parental responsibility and where child should reside commenced in first member state and subsequently in second member state — Whether judgments of court of second member state relevant to determination of issues before court of first member state — Child Abduction and Custody Act 1985, Sch 1, art 19 — Council Regulation (EC) No 2201/2003, arts 8, 10, 19(2)

  EUROPEAN UNION — Judicial cooperation in civil matters — Regulation EC No 2201/2003 — Matrimonial matters and parental responsibility — Child whose parents are not married — Concept of 'habitual residence' of an infant — Concept of 'rights of custody'

  1 Case considered

  1 Words & Phrases considered

• G v E

  [2010] 2 FLR 294 (Baker J)

  16 Jul 2010 [2010] EWCA Civ 822; [2012] Fam 78; [2011] 3 WLR 652; [2011] PTSR 1574; [2010] 4 All ER 579; [2011] 1 FLR 239, CA

  Subsequent citations: 26.
  MENTAL DISORDER — Incapable person — Deprivation of liberty
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  MENTAL DISORDER — Incapable person — Deprivation of liberty — Incapable person deprived of liberty by being removed from placement with carer and placed in local authority unit — Judge assessing person’s best interests and making interim order that he continue living in local authority unit — Whether Convention right to liberty imposing threshold conditions on exercise of court’s power to deprive person lacking capacity of liberty — Whether court required to be satisfied person having mental disorder of sufficient seriousness to warrant compulsory detention before depriving him of liberty — Whether statutory provisions “procedure prescribed by law” in accordance with which persons could be detained — Whether compliant with Convention right to liberty — Guidance as to practice on application for interim order — Human Rights Act 1998, Sch 1, Pt I, art 5 — Mental Capacity Act 2005 (as amended by Mental Health Act 2007, s 50), ss 4A, 16, 48

  2 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered