Judgment on the preliminary issue of whether this court has jurisdiction to hear an application for a child arrangements order under s.8 of the Children Act 1989 when the child and parents concerned all live abroad. [2021] EWFC 105 Bailii England and Wales Jurisdiction, Children Updated: 21 January 2022; Ref: scu.671046
The court considered what special circumstances had to be shown to found a claim under the Act other than by a spouse: ‘It is also said on behalf of the charities that before I can make an order I will have to find that there were special circumstances outside the range of circumstances listed in … Continue reading Re Debenham deceased: 1986
There is a general principle of the law as to injunctions that the court should not put itself in the position of making orders which it cannot enforce against the person or assets of a defendant. Judges: Mustill LJ Citations: [1986] 1 WLR 657 Jurisdiction: England and Wales Cited by: Cited – Motorola Credit Corporation … Continue reading Locabail International Finance Ltd v Agroexport: CA 1986
The applicant had been born and registered as a female, but later came to receive treatment and to live as a male. He complained that the respondent had failed to amend his birth certificate. Held: The court accepted that, by failing to confer on a transsexual a right to an amended birth certificate, the state … Continue reading Rees v The United Kingdom: ECHR 17 Oct 1986
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (victim); Preliminary objection rejected (non-exhaustion); Violation of Art. 8; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – Convention proceedingsThe applicants were an unmarried couple who could not marry, and so legitimate their daughter, the third applicant, because … Continue reading Johnston and Others v Ireland: ECHR 18 Dec 1986
The applicant had been refused accomodation as homeless after disclosing the ownership of a family home in Uganda. He had lived and worked in the UK for 15 years. The authority did not accept that it had later been repossessed. The council now appealed against a finding to the contrary, saying that, per Osmani, to … Continue reading Waltham Forest v Maloba, The Law Society: CA 4 Dec 2007
The applicant was not entitled in domestic law to succeed to a tenancy on the death of her partner. The aim of the legislation is question was to protect the family, a goal similar to the protection of the right to respect for family life guaranteed by Article 8 of the Convention. The aim itself … Continue reading S v United Kingdom: ECHR 1986
H had been granted a divorce on the grounds of W’s adultery. The court considered how the clean break provisions could be incorporated in a situation with children and how conduct might affect periodical payments. Held: The duty to consider a clean break applies whether or not there are children. The judge had erred in … Continue reading Suter v Suter and Jones: CA 19 Dec 1986
(Commission) The existence of family ties depends upon ‘the real existence in practice of close family ties.’ Citations: (1986) 50 DR 199 Jurisdiction: Human Rights Cited by: Cited – Axon, Regina (on the Application of) v Secretary of State for Health and Another Admn 23-Jan-2006 A mother sought to challenge guidelines issued by the respondent … Continue reading K v United Kingdom: ECHR 1986
The parties had agreed for the sale and purchase of land and chattels, but had deliberately misdescribed the apportionment so as to reduce tax liability. The purchasers then brought an action for misrepresentation. The vendor replied that the action shoud fail since the contract was tainted with the fraud. Held: The defence failed. The misrepresentation … Continue reading Saunders v Edwards: CA 24 Mar 1986
A couple were not married but lived together in Vincent Farmhouse in which the plaintiff claimed a beneficial interest on separation. The female partner was told by the male partner that the only reason for not acquiring the property in joint names was because she was involved in divorce proceedings and that, if the property … Continue reading Grant v Edwards and Edwards: CA 24 Mar 1986
The defendants appealed against their convictions for murder, saying that their defences of duress had been wrongly disallowed. Held: Duress is not a defence available on a charge of murder. When a defence of duress is raised, the test is whether the threat was so serious as would cause a reasonable man in the same … Continue reading Regina v Howe etc: HL 19 Feb 1986
The applicant sought a declaration of parenthood. She and her same sex partner had been asked to signthe wrong forms when undergoing fertility treatment. Held: The court was able to rely upon the euitable doctrine of recification were there had, as here, been a clear mistake. In this cas a wholesale transposition of the content … Continue reading G, Re (Human Fertilisation and Embryology Act 2008): FD 6 Apr 2016
The claimant, as trustee for the deceased’s insolvent estate, sought a declaration that a transfer of the deceased’s share in property made by the executors was void as being at an undervalue. The property was subject to a right of occupation in favour of one of the purchaser, one of the defendants, and therefore reduced … Continue reading Williams v Lawrence and Another: ChD 28 Jul 2011
The Board considered whether there were only three situations in which joint owners of property could be found to be tenants in common, and whether there were other circumstances which could lead to a contrary conclusion. Held: It was improbable that a joint tenancy in equity was intended where joint tenants in law held commercial … Continue reading Malayan Credit Ltd v Jack Chia-MPH Ltd: PC 1986
The House gave guidance how it would treat an invitation to depart from a previous decision of the House. Such a course was possible, but the direction was not an ‘open sesame’ for a differently constituted committee to prefer their views to those of the committee which determined the decision unanimously or by a majority. … Continue reading Practice Statement (Judicial Precedent): HL 1966
Not Homeless Even if Accomodation Inadequate The applicants, a married couple, lived with a young child and later also a baby in one room of a guest house. They were given breakfast but had no cooking or washing facilities. They succeeded on a judicial review of the housing authority’s decision that they had accommodation. They … Continue reading Regina v Hillingdon London Borough Council Ex parte Puhlhofer: HL 2 Jan 1986
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
The court was asked whether for the purposes of English divorce and connected proceedings a Talaq pronounced by the respondent husband in Saudi Arabia and placed by Deed of Confirmation before the Sharia Court is entitled to be afforded recognition in this jurisdiction. The parties had married in England. Held: It was to be recognised: … Continue reading H v S: FD 18 Nov 2011
A talaq pronounced in England as between parties who were Saudi nationals was not to be recognised in English law as a valid extra judicial overseas divorce, even though it otherwise complied with Sharia law. Section 44(1)(a) provides that no divorce obtained in any part of the British Islands is effective in any part of … Continue reading Sulaiman v Juffali: FD 9 Nov 2001
A family court has power to require the surrender of a foreign passport to solicitors. Citations: Times 07-Mar-1997, [1997] EWCA Civ 1035, [1997] 2 FLR 569 Statutes: Family Law Act 1986 37 Jurisdiction: England and Wales Cited by: Cited – Tower Hamlets v M and Others FD 27-Mar-2015 The authority sought orders to prevent the … Continue reading In Re A-K (Minors)(Foreign Passport: Jurisdiction): CA 18 Feb 1997
The issue raised by this appeal is the recognition of a decree of divorce pronounced by a competent foreign jurisdiction. The refusal to recognise such a decree is controlled by statutory provisions contained in Section 53 of the Family Law Act 1986. More specifically in this appeal we consider the refusal of recognition on the … Continue reading Golubovich v Golubovich: CA 13 Jul 2010
The claimant sought a declaration of marital status. They had undergone marriage ceremonies first in Connecticut and then in the UK. In the second ceremony they had declared that they had not previously been married. The US marriage had been dissolved. Held: The English ceremony had had no effect whatsoever: In circumstances where both the … Continue reading Galloway v Goldstein: FD 16 Jan 2012
Application for declaration of parentage. Judges: The Hon Sir Jonathan Cohen Citations: [2021] EWFC 69 Links: Bailii Statutes: Family Law Act 1986 55A Jurisdiction: England and Wales Children Updated: 20 September 2022; Ref: scu.681156
The court considered an application under 51(3)(c) of the 1986 Act to refuse to recognise a foreign decree of divorce. Held: The appeal was allowed against the non-recognition of a Russian divorce that followed proceedings between Russian parties in which both had taken part. The court emphasised the gravity and undesirability of refusal to recognise … Continue reading Golubovich v Golubovich: CA 30 Mar 2011
Judges: Holman J Citations: [2010] EWHC 3539 (Fam) Links: Bailii Statutes: Family Law Act 1986 Cited by: See Also – Olafisoye v Olafisoye FD 28-Jul-2010 The court was asked to consider the recognition here of a foreign divorce. Held: Holman J said: ‘I observe and stress at the outset the following matters. First, in this … Continue reading Olafisoye v Olafisoye: FD 19 Feb 2010
The court was asked to rule as to the recognition of a foreign (Moscow) decree of divorce obtained in breach of an Hemain injunction. The Russian proceedings had got to a stage requiring H positively to apply to prevent the decree. Held: The appeal was allowed, and the decree of the Russian court accepted. Thorpe … Continue reading Golubovich v Golubovich: CA 21 May 2010
The Applicant AB, a lesbian woman aged 37, applied for contact to twin boys, E and F, aged 3. In making that application, she described herself as the boys’ ‘parent’; she ws so defined on the boys’ birth certificates. For the first 17 months of their lives, she fulfilled a parental role, as an integral … Continue reading AB v CD: FD 24 May 2013
An illegitimate child’s habitual country of residence is determined at the date of death of his mother when he was to be removed following the death. Where the mother of an illegitimate child who is resident in England dies and the grandmother takes the child to Ireland, the child remains resident in England. Judges: Lord … Continue reading In Re S (A Minor) (Abduction: European Convention): HL 30 Jul 1997
Applications for a declaration of parentage Judges: The Honourable Mr Justice Macdonald Citations: [2022] EWHC 1982 (Admin) Links: Bailii Statutes: Family Law Act 1986 55A Jurisdiction: England and Wales Children Updated: 05 August 2022; Ref: scu.679743
Application for a declaration of parentage under s 55A Family Law Act 1986 made by X Judges: Mrs Justice Theis Citations: [2022] EWFC 77 Links: Bailii Jurisdiction: England and Wales Children Updated: 25 July 2022; Ref: scu.679547
The court made a declaration of parentage where the legal parentage differs from the biological parentage of a child, in this case, where the child was subsequently adopted but wished to have acknowledgement of their ‘natural’ or biological parentage. Hogg J said: ‘The declaration [of natural parentage] sought would not alter or affect the validity … Continue reading M v W (declaration of parentage): FD 2007
The appeal concerns an application to enforce in this jurisdiction an order for interim custody of three children made by the Scottish High Court under the provisions of the Family Law Act 1986. Citations: [1991] EWCA Civ 14, [1992] 1 FCR 201, [1992] 2 FLR 382 Links: Bailii Statutes: Family Law Act 1986 29 30 … Continue reading Re M (Minors): CA 17 Jan 1991
The petitioner intended to seek a declaration as to her marital status. She and the respondent had married in a civil ceremony in British Columbia in 2003. She sought a declaration of incompatibility with regard to section 11(3) of the 1973 Act so far as it failed to recognise same sex marriages. She now sought … Continue reading Wilkinson v Kitzinger and Another: FD 12 Apr 2006
The former husband sought recognition of a divorce by Talak. The husband said that it had been granted. The wife denied it and complained that if it was upheld she would be found to have been cohabiting outside of marriage. Held: The proper thing to do was to make use of the facilities for liaison … Continue reading Abbassi v Abbassi and Another: CA 7 Mar 2006
M’s application for return of child from India – F denying jurisdiction – availability of anti-suit injunction in children cases Judges: Williams J Citations: [2019] EWHC 466 (Fam), [2019] 4 WLR 38, [2019] WLR(D) 155 Links: Bailii, WLRD Statutes: Family Law Act 1986 5(2) Jurisdiction: England and Wales Children Updated: 17 June 2022; Ref: scu.635810
An IVF treatment centre used sperm from one couple to fertilise eggs from another. This was discovered, and the unwilling donors sought a paternity declaration. Held: Section 28 did not confer paternity. The mistake vitiated whatever consents had been given, and the concept under the Act of ‘treatment together’. Any interference with the right to … Continue reading AHE Leeds Teaching Hospitals NHS Trust v A and Others (By Their Litigation Friend, the Official Solicitor), The Human Fertilisation and Embryology Authority B, B: QBD 26 Feb 2003
There is no jurisdiction in wardship over a child not habitually resident in England. A child born in England of and English mother and Dubai father had gone to live with his mother in Dubai at the invitation of the father, but had there retained the boy against the mother’s will. The mother obtained certain … Continue reading Al Habtoor v Fotheringham: CA 15 Feb 2001
Ghanaian dissolution of marriage was invalid and not recognised here since the wife had not been allowed any involvement. Citations: Independent 13-Oct-1993, [1994] 1 FLR 38 Statutes: Family Law Act 1986 46 Jurisdiction: England and Wales Cited by: Cited – Duhur-Johnson v Duhur-Johnson FD 3-May-2005 The husband sought to stay divorce proceedings commenced here by … Continue reading D v D (Recognition of Foreign Divorce): FD 13 Oct 1993
A ‘Get’ issued in London according to Judaic law against a wife resident in Israel, was not recognised as a decree of divorce in the UK. Citations: Independent 24-Jan-1995, Times 13-Jan-1995 Statutes: Family Law Act 1986 45 Family Updated: 18 May 2022; Ref: scu.78357
The court considered the validity of a consensual form of divorce kyogi rikon in Japanese law, the most common form of divorce in Japan. The consent is by written form not judicial act but the signing must be followed by formal registration before a government official in prescribed form. Held: The involvement of the state … Continue reading H v H (The Queen’s Proctor Intervening) (Validity of Japanese Divorce): FD 2006
A court should order the police to divulge the address of a child in contact cases where they are re-assured that the child is not at risk, but, for example, domestic violence may have occurred. An officer cannot promise confidentiality but his views should be respected. Citations: Gazette 09-Sep-1998, Gazette 16-Sep-1998, Times 24-Aug-1998 Statutes: Children … Continue reading S v S (Chief Constable of West Yorkshire Police Intervening): CA 9 Sep 1998
The husband sought to stay divorce proceedings commenced here by his wife, saying that they had already been divorced in Nigeria. The wife said the Nigerian proceedings should not be recognised in English law. Held: The cases established: 1) that the power was to be interpreted widely, but the powers need not be exercised if … Continue reading Duhur-Johnson v Duhur-Johnson: FD 3 May 2005
An application was made to stay proceedings here for the return of a child to the other parent’s country of jurisdiction on the ground that the question has already been determined, or that it is more appropriate for it to be determined, in proceedings in another jurisdiction. Held: Section 5 might be used for that … Continue reading In Re K (Abduction: Consent: Forum Conveniens): 1995
The court is no longer to require an undertaking from parents who were taking a child subject to a residence order abroad to return to the United Kingdom. Citations: Gazette 09-Nov-1994 Statutes: Family Law Act 1986 1 2 3 Jurisdiction: England and Wales Children Updated: 05 May 2022; Ref: scu.85870
Judges: Mr Justice MacDonald Citations: [2020] EWFC 74 Links: Bailii Statutes: Family Law Act 1986 55A(1) Jurisdiction: England and Wales Adoption Updated: 04 May 2022; Ref: scu.656381
The court was asked as to the recognition of a Sharia compliant divorce between Lebanese Muslims. Under the relevant Lebanese 1962 legislation a Talaq was to be pronounced before 2 witnesses, a requirement of most systems of traditional Islamic Local Authority. The 1962 Act then imposed registration before a Sharia Court. Next, follows compulsory registration … Continue reading El Fadl v El Fadl: FD 2000
By an application Mrs Ivleva (formerly Yates) sought (i) recognition in this jurisdiction of a divorce granted in Ukraine in respect of her marriage to Mr Yates and (ii) the dismissal of divorce proceedings brought in this jurisdiction by Mr Yates. Held: Justice to the husband required that recognition of the Ukrainian divorce be refused. … Continue reading Ivleva v Yates: FD 4 Mar 2014
Applications by H for declarations that a divorce granted in 2009 in Dubai is entitled to recognition in England and Wales under s.45 of the 1986 Act, and of status under s.55 of the Act, and going with that his application to strike out the prayer in the petition brought by the respondent in this … Continue reading Radseresht v Radseresht-Spain: FD 13 Oct 2017
Application for declaration of parentage after paperwork errors at fertility clinic. Judges: Peter Jackson J Citations: [2017] EWHC 599 (Fam) Links: Bailii Statutes: Family Law Act 1986 55A Jurisdiction: England and Wales Children, Health Updated: 24 March 2022; Ref: scu.582027
The claimant sought a declaration of parentage in respect of a child under the 1986 Act, saying that he was not the father. Directions were given for a company to take samples, but instead the company requested the various parties to attend their own doctors for the samples to be taken. The parties disputed the … Continue reading Elliott v Ratcliffe: FD 1 Feb 2013
Application for a declaration of marital status under section 55(1)(a) of the Family Law Act 1986. The Honourable Mr Justice Peter Jackson [2013] EWHC 392 (Fam) Bailii Family Law Act 1986 55(1)(a) England and Wales Family Updated: 24 January 2022; Ref: scu.509148
The parties had gone through a ceremony of marriage in Columbia, being both women. After the relationship failed, the claimant sought a declaration that the witholding of the recognition of same-sex marriages recoginised in a foreign jurisdiction was an infringement of her human rights. Held: Such a relationship is recognised in England as a civil … Continue reading Wilkinson v Kitzinger and others: FD 31 Jul 2006
Application for a declaration pursuant to section 55(1)(a) of the Family Law Act 1986; the declaration sought is that a marriage which was conducted on St Valentine’s Day in 2009, between AP and JP, is a valid marriage. The Honourable Mr Justice Cobb [2019] EWHC 3105 (Fam) Bailii Family Law Act 1986 55(1)(a) England and … Continue reading P v P (Transgender Applicant for Declaration of Valid Marriage): FD 20 Nov 2019
Sir James Munby P, Black, Underhill LJJ [2015] EWCA Civ 886 Bailii Children Act 1989, Family Law Act 1986 1 2 3 England and Wales Children, International Updated: 03 January 2022; Ref: scu.551019
The Honourable Mr Justice Peter Jackson [2016] EWHC 2112 (Fam) Bailii Family Law Act 1986 55A England and Wales Health Professions, Children Updated: 12 December 2021; Ref: scu.568571
Sir Mark Potter considered the validity of an Egyptian decree obtained in breach of a restraining injunction upon which the court had relied to preserve the status of marriage. Held: Recognition was refused on the facts.Sir Mark Potter P (obiter) said: ‘Had I been satisfied, upon a full and thorough examination of the position, that … Continue reading A v L: FD 11 Mar 2010
The parties disputed the effect of a talaq divorce granted to H in Pakistan. W disputed that notice of the divorce had been served upon her. The notice was not now available. Held: H’s evidence was credible. Sumner J [2007] EWHC 2945 (Fam), [2008] 2 FLR 857 Bailii Family Law Act 1986 46 51(3) 55 … Continue reading H v H: FD 12 Dec 2007
Application for declaration of parenthood. Sir James Munby P FD [2016] EWHC 1572 (Fam) Bailii Human Fertilisation and Embryology Act 2008, Family Law Act 1986 55A England and Wales Family Updated: 06 December 2021; Ref: scu.566438
Application by W for declaration of non-recognition of a ‘panchayat’ divorce registered in Gujarat, India Parker J [2013] EWHC 694 (Fam) Bailii Family Law Act 1986 55 England and Wales Family, International Updated: 17 November 2021; Ref: scu.513756
Application for a declaration of marital status – customary marriage ceremony in Nigeria Peter Jackson J [2015] EWFC 28 Bailii Family Law Act 1986 55(1)(a) England and Wales Family Updated: 12 November 2021; Ref: scu.549912
The child had been born in Britain to British citizen parents from Pakistan and India. There had been care proceedings, but later and with the court’s consent the father took him to Pakistan undertaking to return him, but then failed to do so. Contact was re-established, but the child was now habitually resident in Pakistan. … Continue reading In Re I (A Child): SC 1 Dec 2009
The claimant sought a decree of divorce. The ceremony had been a religious one in Cape Town. They had intended it to be followed by a ceremony in a register office in England, but this did not happen. The pastor in south Africa said that he had warned them that in the absence of them … Continue reading Hudson v Leigh: FD 5 Jun 2009
Islamic Nikah Ceremony did not create a marriage The parties had undertaken, in 1998, an Islamic marriage ceremony, a Nikah. They both knew at the time that to be effective in UK law, there would need to be a civil ceremony, and intended but did not achieve one. The parties having settled their dispute, the … Continue reading Her Majesty’s Attorney General v Akhter and Another: CA 14 Feb 2020
The applicant sought that the decrees nisi and absolute of divorce issued by the High Court of Malaya at Shah Alam in favour of the respondent husband be refused recognition in England and Wales. Held: The application was granted: ‘the husband and his solicitor engaged in sharp practice in obtaining the divorce in Malaysia. A … Continue reading Liaw v Lee (Recognition of Divorce): FD 3 Jun 2015
Whether married – married in Accra Ghana in tribal custom marriage. . .
References: [2003] EWHC 259 (QB), Gazette 01-May-2003, [2003] 1 FLR 1091 Links: Bailii Coram: The President An IVF treatment centre used sperm from one couple to fertilise eggs from another. This was discovered, and the unwilling donors sought a paternity declaration. Held: Section 28 did not confer paternity. The mistake vitiated whatever consents had been … Continue reading AHE Leeds Teaching Hospitals NHS Trust v A, A, YA and, ZA (By Their Litigation Friend, the Official Solicitor), the Human Fertilisation and Embryology Authority B, B: QBD 26 Feb 2003
The court was asked to pierce the veil of incorporation of a company in the course of ancillary relief proceedings in a divorce. H had failed to co-operate with the court. After a comprehensive review of all the authorities, Munby J said: ‘The common theme running through all the cases in which the court has … Continue reading Ben Hashem v Ali Shayif and Another: FD 22 Sep 2008
The claimant was sole residuary legatee of his mother’s estate. He became bankrupt, but was released by automatic discharge from the bankruptcy before the administration of the estate was completed. He challenged the solicitors who wished to pay the estate to his trustee. Held: The value of the estate was payable to the trustee in … Continue reading Raymond Saul and Co (A Firm) v Holden and Another; In re Hemming (deceased): ChD 12 Nov 2008
The claimant bank said that it had been induced to create very substantial lending facilities by fraudulent misrepresentation by the defendants. They now appealed against findings that England was not clearly or distinctly the appropriate forum for resolution of VTB’s tort claims, and nor that there was a proper basis for piercing the corporate veil. … Continue reading VTB Capital Plc v Nutritek International Corp and Others: SC 6 Feb 2013
The wife appealed from a decision that her marriage to the husband was void because her previous marriage ‘remains undissolved by operation of law’ in England and Wales. That determination was based on the previous marriage having been dissolved by a transnational divorce which, although recognised as valid in Pakistan, was not entitled to recognition … Continue reading Parveen v Hussain: CA 4 Nov 2022
The company sought to claim under a life policy. The deceased had died in Scotland insolvent. The trustee of the policy had declared that he held it on trust for the claimant, but the defendant, the judicial factor of the estate, said the declaration of trust was ineffective as a transaction at an undervalue. The … Continue reading Ramlort Ltd v Michael James Meston Reid: CA 8 Jul 2004
The applicant was a discretionary life prisoner compulsorily detained in a mental hospital. His tariff had now expired. If not detained under the 1983 Act he would now be entitled to a review. He argued that there should be a joint hearing. Held: There is no necessary breach of the requirement of a speedy hearing … Continue reading P, Regina (on the Application of) v Secretary of State for the Home Department: Admn 11 Dec 2003
A logo had been created for the claimants, by an independent sub-contractor. They sought assignment of their legal title, but, knowing of the claimant’s interest the copyright was assigned to a third party out of the jurisdiction. The claimant sought an order for its transfer, and an order was so made. Before it was perfected … Continue reading R Griggs Group Ltd and others v Evans and others (No 2): ChD 12 May 2004
The deceased had first conveyed property to her solicitor. Leases back were then created in her favour, and then the freeholds were conveyed at her direction to her children and grandchildren. They were potentially exempt transfers. Held: (Millett LJ dissenting) The conveyance to the solicitor left the solicitor holding the property as bare trustee for … Continue reading Ingram and Palmer-Tomkinson (Executors of the Estate of Lady Jane Lindsay Morgan Ingram Deceased) v Commissioners of Inland Revenue: CA 28 Jul 1997
The claimant had come from France to England, and worked as a teaching assistant. She set out on a course to train as a teacher but became pregnant, gave up the course, and eventually gave up work temporarily. Her claim to Income Support was refused on the basis that she was not a ‘worker’, and … Continue reading Prix v Secretary of State for Work and Pensions: SC 31 Oct 2012
The parties had married, but the male partner was a transsexual, having been born female and having undergone treatment for Gender Identity Dysphoria. After IVF treatment, the couple had a child. As the marriage broke down the truth was revealed in court, but the plaintiff said that his wife had known the true position. He … Continue reading J v S T (Formerly J): CA 21 Nov 1996
The parties had gone through a form of marriage, but the purported husband was many years later revealed to be a female to male transsexual. The marriage had been annulled. There was now an application for ancillary relief. Held: Ancillary relief might be available to a trans-sexual whose marriage is annulled. The principle of public … Continue reading S v S-T (Formerly J): CA 25 Nov 1996
Application for a declaration in relation to the marital status of the parties pursuant to section 55 of the Family Law Act 1986. Judges: Mrs Justice Roberts Citations: [2020] EWHC 93 (Fam) Links: Bailii Jurisdiction: England and Wales Family Updated: 01 November 2022; Ref: scu.648619
A court may make a pre-emptive award of costs to pension fund members who wished to sue the trustees. Hoffmann LJ said: ‘if one looks at the economic relationships involved, there does seem to me to be a compelling analogy between a minority shareholder’s action for damages on behalf of the company and an action … Continue reading McDonald and Others v Horn and Others: CA 8 Aug 1994
The families disputed a claim under the 1975 Act. The defendants now sought summary dismissal of the claim. Judges: Mostyn J Citations: [2015] EWHC 907 (Fam) Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Citing: Cited – Kemmis v Kemmis (Welland and Others Intervening) CA 1988 H had … Continue reading Dellal v Dellal and Others: FD 1 Apr 2015
It was sought to extradite the defendant to face trial for two alleged murders. He now challenged the order for his extradition saying that his treatment in Missouri would amount to inhuman or degrading punishment in that if convicted he would face life imprisonment without the chance for parole. Held: The abolition of the death … Continue reading Wellington Regina, (on the Application of) v Secretary of State for the Home Department: HL 10 Dec 2008
(Plenary Court) The applicant was held in prison in the UK, pending extradition to the US to face allegations of murder, for which he faced the risk of the death sentence, which would be unlawful in the UK. If extradited, a representation would be made to the judge at the time of sentencing that the … Continue reading Soering v The United Kingdom: ECHR 7 Jul 1989
Citations: [2004] EWCA Civ 1684, [2005] 2 FLR 63 Links: Bailii Statutes: Insolvency Act 1986 423 Jurisdiction: England and Wales Cited by: Cited – Her Majesty’s Attorney General v Akhter and Another CA 14-Feb-2020 Islamic Nikah Ceremony did not create a marriage The parties had undertaken, in 1998, an Islamic marriage ceremony, a Nikah. They … Continue reading Ram v Ram and others: CA 16 Nov 2004
The applicants complained that as an unmarried couple they had been excluded from consideration as adopters. Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater commitment to traditional family structures did not however justify the difference. The rules were unlawful discrimination.Lord Hoffmann … Continue reading In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008
Child born after vasectomy – Damages Limited Despite a vasectomy, Mr MacFarlane fathered a child, and he and his wife sought damages for the cost of care and otherwise of the child. He appealed a rejection of his claim. Held: The doctor undertakes a duty of care in regard to the prevention of pregnancy: it … Continue reading MacFarlane and Another v Tayside Health Board: HL 21 Oct 1999
The claimant sought an order in wardship proceedings for the return of her children from British Cameroons. Judges: Sir Nicholas Wall P Citations: [2010] EWHC 1113 (Fam) Links: Bailii Statutes: Family Law Act 1986 Jurisdiction: England and Wales Children Updated: 05 October 2022; Ref: scu.415948
Tower Hamlets, having determined the applicant to be homeless, in priority need and not intentionally homeless. After she occupied temporary accomodation she was offered an alternative being told it was the council’s policy only to make one such offer. Having rejected it as unsuitable, she was given notice to quit the temporary accomodation. She then … Continue reading Regina (on the application of) Awua v Brent London Borough Council: HL 6 Jul 1995
A bankrupt had, before his bankruptcy disposed of his share in a house at an undervalue. His wife appealed an order that the share disposed of should vest entirely in the trustee in bankruptcy. Matrimonial proceedings had also been commenced. Held: The wife was seeking effectively not re-instatement, but the creation of a position which … Continue reading Gita Ram v Baskinder Ram,Solinder Ram, Monder Ram and Maurice William Russell: CA 5 Nov 2004
A house had been purchased in 1982 by one member of a large family. Other family members now disputed whether the land was held in trust for them. A constructive trust was asserted. Held: The claimants had failed to establish that a constructive trust applied. The original purchaser had purchased the property in his own … Continue reading Tackaberry and Another v Hollis and others: ChD 13 Nov 2007
The Claimant claimed on a letter of credit issued by the Defendant on behalf of Enron Ltd, who asserted it was not liable to pay there having been unlawful behaviour by Enron Ltd. Swap agreements had been entered into, and the defendant said the claimant was in effect a shell company. The bank would not … Continue reading Mahonia Limited v JP Morgan Chase Bankwest Lb Ag: QBD 3 Aug 2004
World-wide freezing orders had been made under the 1982 Act. The defendants were members of a Turkish family with substantial business interests in the telecommunications industry. In breach of orders made in the US some defendants had sought to hide their assets. They had failed to respond as required to orders to disclose their assest, … Continue reading Motorola Credit Corporation v Uzan and others (No 2): CA 12 Jun 2003
The petitioner former wife sought to make the husband bankrupt on the basis of unpaid maintenance debts. The maintenance was subject to variation by the original foreign court which had made the order. Held: The order was one recognised under the Act. The fact that the foreign court could still order a variation was critical … Continue reading Cartwright v Cartwright and Others: CA 3 Jul 2002
The claimant sought an order to prevent the defendant, a former employee, from misusing its confidential information said to be held by her. Her contract contained no post employment restrictions but did seek to control confidential and other information. She had obtained employment with a customer of the claimant, and was said to carry out … Continue reading Caterpillar Logistics Services (UK) Ltd v Huesca De Crean: QBD 2 Dec 2011
The claimant had applied to the Child Support Agncy for maintenance. They failed utterly to obtain payment, and she complained now that she was denied the opportunity by the 1991 Act to take court proceedings herself. Held: The denial of access to the courts under section 8 did not engage her civil rights. The Act … Continue reading Secretary of State for Work and Pensions v Kehoe: CA 5 Mar 2004
The parties, on divorcing had a greed, under court order that W should obtain the release of H from his covenants under the mortgage of the family home. She had been unable to do so, and sought that order to be varied to allow postponement of her performance until the youngest child attained 18. H … Continue reading Birch v Birch: SC 26 Jul 2017
In ancillary relief proceedings in a divorce, the husband had been ordered to transfer his interest in property to his wife. Before it was put into effect, he became insolvent. The wife and receiver competed for the interest to have been transferred. Held: Upon the order taking effect (upon the decree absolute), the wife acquired … Continue reading Mountney v Treharne: CA 8 Aug 2002
Judges: Parker J Citations: [2010] EWHC 2040 (Fam) Links: Bailii Statutes: Council Regulation (EC) Number 2201/2003, a, Family Law Act 1986 Jurisdiction: England and Wales Children, European, Jurisdiction Updated: 25 August 2022; Ref: scu.425335
Citations: [2002] EWCA Civ 527 Links: Bailii Statutes: Contempt of Court Act 1981, Children Act 1989, Family Law Act 1986 Jurisdiction: England and Wales Contempt of Court Updated: 16 August 2022; Ref: scu.217119
Gibraltar – The claimant challenged a public housing allocation policy which gave preference to married couples and parents of children, excluding same sex and infertile couples. Held: The aim of discouraging homosexual relationships is equally impermissible under sections 7(1) and 14 of the Constitution of Gibraltar. The suggested aims are incoherent and the means employed … Continue reading Rodriguez v Minister of Housing of The Government and Another: PC 14 Dec 2009
