Results: 28

• G v G (Magiera v Magiera)

  06 Jul 2015 [2015] EWHC 2101 (Fam); [2016] 4 WLR 22; [2016] WLR (D) 26, Fam D (Bodey J)

  15 Dec 2016 [2016] EWCA Civ 1292; [2017] Fam 327; [2017] 3 WLR 41; [2018] 1 FLR 1131; [2016] WLR (D) 677, CA (Lady Justice Black, Lord Justice Sales, Lord Justice Irwin)

  Subsequent considerations : 1 positive. Subsequent citations: 4.
  HUSBAND AND WIFE — Divorce — Ancillary relief proceedings

  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Exclusive jurisdiction
  Expand

  Case index catchwords

  HUSBAND AND WIFE — Divorce — Ancillary relief proceedings — Wife applying for order of sale of property in England owned jointly with husband — Husband seeking stay of proceedings — Whether English court having jurisdiction to determine wife’s application — Whether husband domiciled in England or Poland — On whom burden of proof of husband’s domicile lay — Whether wife’s action in rem or in personam — Whether proceedings in England and Poland “related actions” — Trusts of Land and Appointment of Trustees Act 1996 (c 47),ss 14, 17 — Council Regulation (EC) No 44/2001, arts 2, 5(6), 22, 28

  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Exclusive jurisdiction — Wife applying following divorce for order for sale of property situated in England owned jointly with husband — Husband domiciled in Poland — Whether wife’s application having as its object rights in rem in immovable property — Whether English court having exclusive jurisdiction to determine wife’s application — Trusts of Land and Appointment of Trustees Act 1996 (c 47), s 14 — Council Regulation (EC) No 44/2001, art 22(1)

  6 Case(s) considered

  1 Words & Phrases considered

  2 EU Enactments considered

  2 Statutes considered

• Mikolajczyk v Czarnecka (Edyta Mikołajczyk v Marie Louise Czarnecka and Stefan Czarnecki)

  13 Oct 2016 (Case C-294/15); EU:C:2016:367; EU:C:2016:772; [2017] Fam 119; [2017] 2 WLR 1; [2016] WLR (D) 523, ECJ

  Subsequent citations: 8.
  CONFLICT OF LAWS — Jurisdiction under European Union Regulation — Matrimonial matters

  EUROPEAN UNION — Reference for a preliminary ruling — Judicial cooperation in civil matters
  Expand

  Case index catchwords

  CONFLICT OF LAWS — Jurisdiction under European Union Regulation — Matrimonial matters — Action for annulment of marriage brought by third party after death of one of spouses — Whether falling within scope of European Union Regulation concerning jurisdiction and recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility — Whether person other than spouse able to rely on application of jurisdiction rules of forum in which applicant residing or having domicile — Council Regulation (EC) No 2201/2003, arts 1(1)(a), 3(1)(a)

  EUROPEAN UNION — Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility — Regulation (EC) No 2201/2003 — Article 1(1)(a) — Material scope — Action for annulment of marriage brought by a third party after the death of one of the spouses — Article 3(1) — Jurisdiction of the courts of the Member State of residence of the ‘applicant’ — Scope

  1 Case considered

  1 EU Enactment considered
• J v U (Child Arrangements Order: Jurisdiction)

  29 Sep 2016 [2016] EWHC 2481 (Fam); [2017] Fam 235; [2017] 2 WLR 760; [2016] WLR (D) 557, Fam D (Bodey J)

  Subsequent considerations : 1 positive. Subsequent citations: 6.
  CHILDREN — Orders with respect to children — Child arrangements order
  Expand

  Case index catchwords

  CHILDREN — Orders with respect to children — Child arrangements order — Family of British nationals habitually resident in Bosnia — Mother petitioning in England for divorce — Mother seeking child arrangements orders or relocation order under inherent jurisdiction to enable relocation to Serbia — Whether arising “in or in connection with” matrimonial proceedings — Whether English court having jurisdiction — Family Law Act 1986 (c 55) (as amended by Children Act 1989 (c 41), s 108, Sch 13, paras 62, 63, 64, Adoption and Children Act 2002 (c 38), s 139, Sch 3, para 48, European Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005 (SI 2005/265), reg 8(2)(3), Civil Partnership (Family Proceedings and Housing Consequential Amendments) Order 2005 (SI 2005/3336), arts 6, 7, Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010 (SI 2010/1898), reg 17, Sch, para 5)), ss 1(1), 2(1)(3), 2A(1) — Children Act 1989, s 8 (as amended by Children and Families Act 2014 (c 6), s 12, Sch 2, paras 1, 3)

  2 Statutes considered
• In re C (Children) (Child in Care: Choice of Forename)

  14 Apr 2016 [2016] EWCA Civ 374; [2017] Fam 137; [2016] 3 WLR 1557; [2017] 1 FLR 487; [2016] WLR (D) 204, CA

  Subsequent considerations : 4 positive; 2 neutral. Subsequent citations: 23.
  CHILDREN — Name — Choice and registration of forename
  Expand

  Case index catchwords

  CHILDREN — Name — Choice and registration of forename — Twin children subject of interim care orders — Mother proposing to name children “Cyanide” and “Preacher” respectively — Local authority seeking order restraining mother from so naming children and registering names — Whether and under what power High Court having jurisdiction to make order — Whether naming of child and registration of child’s birth and name constituting acts of parental responsibility — Births and Deaths Registration Act 1953 (c 20), s 2(1)

  1 Case considered

  1 Statute considered
• In re Briggs (Incapacitated Person)

  24 Nov 2016 [2016] EWCOP 48; [2017] Fam 207; [2017] 2 WLR 926; [2016] WLR (D) 634, Ct of Protection (Charles J)

  31 Jul 2017 [2017] EWCA Civ 1169; [2018] Fam 63; [2018] 2 WLR 152; [2018] 2 All ER 990; [2017] WLR (D) 535, CA (Sir Brian Leveson P, King, Burnett LJJ)

  Subsequent considerations : 2 positive. Subsequent citations: 15.
  MENTAL DISORDER — Incapable person — Deprivation of liberty

  LEGAL AID — Availability — Determination of patient’s best interests

  LEGAL AID — Availability — Incapacitated person’s representative
  Expand

  Case index catchwords

  MENTAL DISORDER — Incapable person — Deprivation of liberty — Incapacitated person in minimally conscious state in hospital under deprivation of liberty authorisation — Application by person’s representative to determine whether in person’s best interests to continue to receive clinically assisted nutrition and hydration necessary for survival — Whether application brought under correct statutory provision — Whether issue relating to medical treatment to be taken into account in applying best interest requirement in deprivation of liberty safeguards — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 5 — Mental Capacity Act 2005 (as amended by Mental Health Act 2007, s 50, Schs 7, 9, para 2), s 21A, Sch A1, para 16

  LEGAL AID — Availability — Determination of patient’s best interests — Incapacitated person in minimally conscious state in hospital under deprivation of liberty authorisation — Application by person’s representative to determine whether in person’s best interests to continue to receive clinically assisted nutrition and hydration necessary for survival — Whether non-means tested legal aid funding available to incapacitated person’s representative — Mental Capacity Act 2005 (c 9) (as amended by Mental Health Act 2007 (c 12), s 50, Schs 7, 9, para 2), s 21A, Sch A1, para 16 — Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 (SI 2013/480), reg 5(1)(g) (as amended by Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2013 (SI 2013/753), reg 2(2)(a))

  MENTAL DISORDER — Incapable person — Deprivation of liberty — Incapacitated person in minimally conscious state in hospital under deprivation of liberty authorisation — Application by person’s representative to determine whether in person’s best interests to continue to receive clinically assisted nutrition and hydration necessary for survival — Whether application brought under correct statutory provision — Whether issues relating to medical treatment to be determined under procedure for issues relating to deprivation of liberty — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 5 — Mental Capacity Act 2005 (c 9) (as amended by Mental Health Act 2007 (c 12), s 50, Schs 7, 9, para 2), ss 16, 21A, Sch A1

  LEGAL AID — Availability — Incapacitated person’s representative — Incapacitated person in minimally conscious state in hospital under deprivation of liberty authorisation — Application by person’s representative to determine whether in person’s best interests to continue to receive clinically assisted nutrition and hydration necessary for survival — Whether representative entitled to non-means tested legal aid funding — Mental Capacity Act 2005 (c 9) (as amended by Mental Health Act 2007 (c 12), s 50(7), Sch, 9, para 2), s 21A — Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 (SI 2013/480), reg 5(1)(g)

  3 Case(s) considered

  2 Statutes considered

  1 Statutory Instrument considered
• In re Z (A Child) (Surrogate Father: Parental Order) (No 2)

  20 May 2016 [2016] EWHC 1191 (Fam); [2017] Fam 25; [2016] 3 WLR 1369; [2016] 2 FLR 327; [2016] WLR (D) 278, Fam D (Sir James Munby P)

  Subsequent considerations : 1 positive. Subsequent citations: 11.
  CHILDREN — Orders with respect to children — Parental order

  HUMAN RIGHTS — Breach of Convention rights — Remedy
  Expand

  Case index catchwords

  CHILDREN — Orders with respect to children — Parental order — Father sole applicant for parental order in respect of child born to surrogate mother — Statute precluding father from obtaining order on sole ground of single person status — Whether discrimination against single persons in enjoyment of Convention right to respect for family life — Whether legislation incompatible with Convention rights — Whether declaration of incompatibility to be granted — Human Rights Act 1998 (c 42), s 4, Sch 1, Pt I, arts 8, 14 — Human Fertilisation and Embryology Act 2008 (c 22), s 54

  HUMAN RIGHTS — Breach of Convention rights — Remedy — Court declaring statutory provision incompatible with Convention rights — Whether court to express view as to how incompatibility might be remedied — Whether appropriate for court to recommend that Secretary of State be invited to exercise his power to remedy — Human Rights Act 1998 (c42), s 10(2)

  2 Case(s) considered

  2 Statutes considered
• S v S (No 3) (Foreign Adoption Order: Recognition) (QS v RS)

  10 Oct 2016 [2016] EWHC 2470 (Fam); [2017] Fam 167; [2017] 2 WLR 887; [2017] 2 FLR 1456; [2016] WLR (D) 553, Fam D (MacDonald J)

  Subsequent considerations : 2 positive; 1 neutral. Subsequent citations: 11.
  CHILDREN — Orders with respect to children — Recognition of foreign adoption order
  Expand

  Case index catchwords

  CHILDREN — Orders with respect to children — Recognition of foreign adoption order — Child lawfully adopted pursuant to Nepalese adoption order — Adoptive parents not habitually resident or domiciled in Nepal at time of adoption — Mother applying for recognition in England and Wales of Nepalese order — Common law rule that English court not entitled to recognise foreign adoption order unless adoptive parents domiciled or habitually resident in relevant country at time of adoption — Whether unnecessary or disproportionate interference with Convention right of parents and child to respect for family life — Whether foreign adoption order to be recognised — Family Law Act 1986 (c 55), s 57 (as amended by Child Support, Pensions and Social Security Act 2000 (c 19), s 83, Sch 8, para 6 and Adoption and Children Act 2002 (c 38), s 139, Sch 3, para 49(a)(b)) — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 8

  3 Case(s) considered

  2 Statutes considered

• In re D (Vulnerable Adult) (Injunction: Power of Arrest)

  28 Sep 2016 [2016] EWHC 2358 (Fam); [2017] Fam 105; [2017] 2 WLR 698; [2016] WLR (D) 498, Fam D (Judge Clifford Bellamy)

  HIGH COURT — Jurisdiction — Power of arrest
  Expand

  Case index catchwords

  HIGH COURT — Jurisdiction — Power of arrest — Court in exercise of its inherent protective jurisdiction granting injunction to restrict access to capacitous but vulnerable adult — Whether jurisdiction to attach power of arrest to injunction

  3 Case(s) considered
• W v X (W and V v X)

  15 Feb 2017 (Case C-499/15); EU:C:2017:118; [2017] Fam 305; [2017] 2 WLR 1369; [2017] 2 FLR 828; [2017] WLR (D) 113, ECJ

  Subsequent considerations : 1 positive; most recently considered: 2019. Subsequent citations: 10.
  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Orders with respect to children

  EUROPEAN UNION — Reference for a preliminary ruling — Judicial cooperation in civil matters
  Expand

  Case index catchwords

  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Orders with respect to children — Court in member state of father’s residence making final decision in relation to residence, contact and maintenance of child — Child’s habitual residence in member state of mother’s residence — Court in member state of mother’s residence refusing to recognise final decision and giving mother sole custody — Father seeking variation of final decision in new proceedings before court of state of his residence — Whether that court having jurisdiction to vary earlier final decision — Council Regulation (EC) No 2201/2003, art 8 — Council Regulation (EC) No 4/2009, art 3

  EUROPEAN UNION — Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction in matters of parental responsibility — Regulation (EC) No 2201/2003 — Articles 8 to 15 — Jurisdiction concerning maintenance obligations — Regulation (EC) No 4/2009 — Article 3(d) — Conflicting judgments given in the courts of different Member States — Child habitually resident in the Member State of residence of his mother — The courts of the father’s Member State of residence without jurisdiction to vary a decision that has become final which they adopted earlier concerning the residence of the child, maintenance obligations and contact arrangements

  1 Case considered

  2 EU Enactments considered

• Staffordshire County Council v K

  24 May 2016 [2016] EWCOP 27; [2016] Fam 419; [2016] 3 WLR 867; [2016] WLR (D) 300, Ct of Protection (Charles J)

  22 Dec 2016 [2016] EWCA Civ 1317; [2017] Fam 278; [2017] 2 WLR 1131; [2017] WLR (D) 12, CA

  Subsequent citations: 5.
  MENTAL DISORDER — Incapable person — Deprivation of liberty
  Expand

  Case index catchwords

  MENTAL DISORDER — Incapable person — Deprivation of liberty — Severely injured adult lacking mental capacity to make decisions as to care and residence — Deputy appointed to manage property and affairs — Damages award used by private sector providers to provide residential property, care and support — Care regime amounting to objective deprivation of liberty — Whether deprivation of liberty to be imputed to state — Whether welfare order required to ensure lawfulness of care regime — Human Rights Act 1998, Sch 1, Pt I, art 5 — Mental Capacity Act 2005 (as amended by Mental Health Act 2007, s 50, Sch 9, para 10), ss 16, 64(5)(6)

  MENTAL DISORDER — Incapable person — Deprivation of liberty — Severely injured adult lacking mental capacity to make decisions as to care and residence — Deputy appointed to manage property and affairs — Damages award used by private sector providers to provide residential property, care and support — Care regime amounting to objective deprivation of liberty — Whether deprivation of liberty to be imputed to state — Whether welfare order required to ensure lawfulness of care regime — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 5 — Mental Capacity Act 2005 (c 9) (as amended by Mental Health Act 2007 (c 12), s 50(7), Sch 9, para 10(4)), ss 16, 64(5)(6)

  9 Case(s) considered

  2 Statutes considered