Category: Family

AB (Surrogacy: Consent), Re: FC 25 Oct 2016

Both the surrogate and her husband refused to agree to the order even though they had handed over the child to the commissioning parents. All the court could do was make a child arrangements order which gave them parental responsibility but left the child a member of the surrogate’s family. Theis J commented that an adoption order would be inappropriate as the parents would be asking to adopt their own children: a parental order recognises their genetic link to the child. She did, however, adjourn the parental order application generally in the hope of a change of mind or a change in the law.

Judges:

Mrs Justice Theis DBE

Citations:

[2016] EWHC 2643 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Whittington Hospital NHS Trust v XX SC 1-Apr-2020
A negligent delay in the diagnosis of her cancer left the clamant dependent on paid for surrogacy arrangements. Three issues were raised; could damages to fund surrogacy arrangements using the claimant’s own eggs be recovered? Second, if so, could . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 11 October 2022; Ref: scu.570770

Z (A Child) (No 2): FD 20 May 2016

Application for parental order by one person.
Otherwise In re Z (Surrogate Father: Parental Order) (No 2)

Judges:

Sir James Munby P

Citations:

[2016] EWHC 1191 (Fam), ZC15P00214, [2016] Fam Law 958, [2016] 2 FLR 327, [2016] HRLR 15, [2017] Fam 25, [2016] WLR(D) 278, [2016] 3 WLR 1369

Links:

Bailii, Judiciary, WLRD

Statutes:

Human Fertilisation and Embryology Act 2008 54

Jurisdiction:

England and Wales

Cited by:

Cited – Whittington Hospital NHS Trust v XX SC 1-Apr-2020
A negligent delay in the diagnosis of her cancer left the clamant dependent on paid for surrogacy arrangements. Three issues were raised; could damages to fund surrogacy arrangements using the claimant’s own eggs be recovered? Second, if so, could . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 11 October 2022; Ref: scu.564509

Gorczowska, Regina (on The Application of) v District Court In Torun Poland: Admn 8 Feb 2012

The defendant appealed against an order for her extradition to Poland to serve a sentence for possessof drugs imposed in 2006. Since living here she had given birth to a child, and they lived with her father.
Held: It would not be disproportionate to order her return.

Judges:

Collins J

Citations:

[2012] EWHC 378 (Admin)

Links:

Bailii

Cited by:

Cited – HH v Deputy Prosecutor of The Italian Republic, Genoa SC 20-Jun-2012
In each case the defendant sought to resist European Extradition Warrants saying that an order would be a disporportionate interference in their human right to family life. The Court asked whether its approach as set out in Norris, had to be amended . .
Lists of cited by and citing cases may be incomplete.

Extradition, Human Rights, Family

Updated: 07 October 2022; Ref: scu.452678

Mesher v Mesher and Hall: CA 1973

(Heard in 1973, but reported in 1980) The court gave a form of ancillary relief order allowing the party with custody of the children (even though both had remarried) to remain in the matrimonial home with them, the house only being sold on the youngest child attaining 18 etc. Such a disposal can be a mechanism for mitigating the apparent injustice caused by the need for one spouse to apply the very great bulk of the available capital to the purchase of a home for that spouse and a child.

Citations:

[1980] 1 All ER 126

Jurisdiction:

England and Wales

Cited by:

Cited – Martin v Martin CA 10-Mar-1977
The court urged caution in a judge using his own experience of the property market by way of judicial notice: ‘[W]herever it is to be argued that the wife could find alternative accommodation for herself out of her share of the equity, whatever that . .
Cited – B v B (Mesher Order) FD 2002
A breadwinner’s unimpaired and unimpeded earning capacity is a powerful resource which can frequently repair any loss of capital after an unequal distribution. . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 07 October 2022; Ref: scu.420745

J v B (Ultra-Orthodox Judaism: Transgender): FC 30 Jan 2017

F had left the family all ultra orthodox Jews, to identify and live as a woman, an action straightforwardly forbidden within the sect. F had abandoned contact with the children but now sought to re-instate at first indirect but then full contact. M, fearing the ostracism of the children opposed all but very limited indirect contact.
Held: There was a clear conflict between the rights and proper expectations of the parties. In this case, the probability was that the children would face ostracism from others within their faith group. Only limited and indirect contact as appropriate.

Judges:

Peter Jackson J

Citations:

[2017] EWFC 4, [2017] WLR(D) 142, [2017] 2 FCR 230, [2017] 4 WLR 201, [2018] 1 FLR 59

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Cited by:

Appeal from – Re M (Children) CA 20-Dec-2017
F and M were members of an ultra orthodox Jewish sect. H transgendered, a process utterly unacceptable within the sect. Any continued association with the children would severely risk their ostracism, and at first F did not seek contact, but on his . .
At FD (1) – A (Children) (Contact: Ultra-Orthodox Judaism: Transgender Parent) FC 20-Jan-2020
M and F, members of an ultra orthodox Jewish sect, had five children. F transgendered and sought and was granted an order for restricted indirect contact. The Court of Appeal allowed his appeal and the case was remitted for reconsideration.
Lists of cited by and citing cases may be incomplete.

Family, Children

Updated: 05 October 2022; Ref: scu.573770

Cox v Cox and Skan Dansk Design Limited: ChD 27 Apr 2006

Mrs Cox sought to declarations as to the effect of arrangements made on her divorce in an attempt to avoid contentious proceedings. The couple held equal shares in the family business, but the company registers were missing or had never existed. The husband claimed that the arrangements were provisional pending valuations of the assets. The wife asked whether the arrangements were unlawful assistance to the husband to purchase shares in the company.
Held: Despite the absence of formal registers, the parties acted as and therefore were directors of the company under s741(1). Applying the principles set out in Pagnan, the arrangements as set out were too uncertain to be binding. At best it came to heads of agreement. It was open to the company in general meeting to release the directors from liability for breaches of s151.

Judges:

John Powell QC J

Citations:

[2006] EWHC 1077 (Ch)

Links:

Bailii

Statutes:

Companies Act 1985 151 741(1), Law of Property (Miscellaneous Provisions) Act 1989 2

Jurisdiction:

England and Wales

Citing:

Cited – Pagnan SpA v Feed Products Ltd ChD 1987
An agreement can be enforceable as an agreement on main terms only, with the detailed terms to be agreed later. Bingham J said: ‘The Court’s task is to review what the parties said and did and from that material to infer whether the parties’ . .
Cited – Pagnan SpA v Feed Products Ltd CA 2-Jan-1987
Contractually Bound – but Further Terms to Agree
The parties had gone ahead with performance of the arrangement between them, but without a formal agreement being in place.
Held: Parties may intend to be bound forthwith even though there are further terms still to be agreed. If they then . .
Cited – Xydhias v Xydhias CA 21-Dec-1998
The principles of contract law are of little use when looking at the course of negotiations in divorce ancillary proceedings. In the case of a dispute the court must use its own discretion to determine whether agreement had been reached. Thorpe LJ . .
Cited – Brady v Brady HL 1988
An employment agreement contravening section 151 of the 1985 Act is unenforceable. The obvious mischief to which section 151 is directed is the case of a bidder financing his bid from the funds of the company acquired. The larger purpose had to be . .
Cited – Baker v Anthony Potter and Bellevue Garages Limited ChD 22-Jun-2004
A company in general meeting can release or compromise a claim for breach of section 151. . .
Cited – Bowthorpe Holdings Limited, Yasaiwa Securities Limited v Hills and others ChD 8-Nov-2002
. .
Lists of cited by and citing cases may be incomplete.

Family, Company

Updated: 04 October 2022; Ref: scu.241784

Maitland v Donn: FDNI 13 Mar 2008

Request for an order that the marriage be declared null and voidable pursuant to the provisions of article 14 (c) of the Matrimonial Causes (Northern Ireland) Order 1978 on the basis that she married the respondent under duress.

Citations:

[2008] NIFam 4

Links:

Bailii

Statutes:

Matrimonial Causes (Northern Ireland) Order 1978 14(c)

Jurisdiction:

Northern Ireland

Family

Updated: 04 October 2022; Ref: scu.267111

Lambert v Lambert: CA 14 Nov 2002

The parties appealed an order for the division of the family’s 20 million pound fortune on divorce. The husband argued that his special contribution to the creation of the wealth meant that he should receive a greater share.
Held: The Act gave wide discretions to the Court, and nobody could expect clarity or predictability of outcomes. The husband’s contention was discriminatory, and could not be adopted. Any substantially new approach would now require legislation. Two themes emerged: ‘First it is unacceptable to place greater value on the contribution of the breadwinner than that of the homemaker as a justification for dividing the product of the breadwinner’s efforts unequally between them. Second both the practicality and the value of the exercise of marking the parties to a failed marriage on their respective performances is questioned. . . . [There] are clear warnings that the excess commonly seen in the litigation of the issue of the applicant’s reasonable requirements has now been transposed into disputed, and often futile, evaluations of the contributions of both of the parties.’ and
‘A distinction must be drawn between an assessment of equality of contribution and an order for equality of division. A finding of equality of contribution may be followed by an order for unequal division because of the influence of one or more of the other statutory criteria as well as the over-arching search for fairness. ‘ and
‘the danger of gender discrimination resulting from a finding of special financial contribution is plain. If all that is regarded is the scale of the breadwinner’s success then discrimination is almost bound to follow since there is no equal opportunity for the homemaker to demonstrate the scale of her comparable success. ‘

Judges:

Lord Justice May, Mr Justice Bodey, Lord Justice Thorpe

Citations:

Times 27-Nov-2002, [2002] EWCA Civ 1685, [2003] 1 FLR 139, [2003] Fam 103, [2003] 2 WLR 631, [2003] 4 All ER 342, [2002] 3 FCR 673, [2003] Fam Law 16, Independent 21-Nov-2002

Links:

Bailii

Statutes:

Matrimonial and Family Proceedings Act 1984, Matrimonial Causes Act 1973 25(2)(f)

Jurisdiction:

England and Wales

Citing:

Cited – H-J v H-J FD 17-Oct-2001
The court considered cross-appeals in a case first decided by the District Judge involving substantial assets. The order gave the wife approximately 45% of the assets.
Held: The court increased the wife’s share to equality. Coleridge J . .
Cited – Cowan v Cowan CA 14-May-2001
When considering the division of matrimonial assets following a divorce, the court’s duty was, within the context of the rules set down by the Act, to impose a fair settlement according to the circumstances. Courts should be careful not to make . .
Cited – White v White HL 26-Oct-2000
The couple going through the divorce each had substantial farms and wished to continue farming. It had been a long marriage.
Held: Where a division of the assets of a family would satisfy the reasonable needs of either party on an ancillary . .
Cited – H v H (Financial Provision: Special Contribution) FD 2002
The court heard an application for ancillary relief in a divorce. The family assets were pounds 6M. The husband was a successful city solicitor. Counsel contended that for various reasons his financial accumulations during the course of his . .
Cited – G v G (Financial Provision Equal Division) FD 2-Jul-2002
The family assets were in the region of andpound;8.5M. The wife sought a half share. The husband proposed that she should have 40%. The husband had built the family fortune through exceptional hard work and astute business acumen in the field of . .
Cited – M v M FDNi 20-Dec-2001
The court considered the approach to the evaluation of contributions in ancillary relief proceedings in a divorce where there were substantial assets. McLaughlin J said: ‘In the course of adducing evidence before me counsel sought to tempt me with a . .

Cited by:

Cited – Foster v Foster CA 16-Apr-2003
The marriage had been short, there were no children, both parties were working, and each could support themselves providing themselves with accomodation. The wife had successfully appealed a finding of the district judge for an equal distribution. . .
See Also – Lambert v Lambert CA 25-Nov-2002
. .
Cited – Sorrell v Sorrell FD 29-Jul-2005
The parties contested ancillary relief on their divorce. The marriage had been very long, and the assets were very substantial. The husband contended that these assets represented an exceptional contribution on his part.
Held: In this case an . .
Cited – G v G and Another FdNI 25-Oct-2003
There had been a long but argumentative marriage, and the parties disputed distribution of the assets on an ancillary relief application.
Held: The husband could not claim to discount shareholdings as a minority shareholding where he also . .
Cited – Wall v Wall CA 27-Nov-2002
The wife sought permision to appeal against an ancillary relief order, relying on Lambert v Lambert, and saying that she had not received a fair hearing.
Held: Permission could only be granted if the court thought there was a real chance of . .
Cited – Miller v Miller; McFarlane v McFarlane HL 24-May-2006
Fairness on Division of Family Capital
The House faced the question of how to achieve fairness in the division of property following a divorce. In the one case there were substantial assets but a short marriage, and in the other a high income, but low capital.
Held: The 1973 Act . .
Cited – M v M (Financial Relief: Substantial Earning Capacity) FD 29-Mar-2004
The parties had been married for 12 years, there were three children, one with special needs, and assets of over 12 million pounds. The court considered the application for ancillary relief. It was substantially agreed that the wife should receive . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 04 October 2022; Ref: scu.178443

Bibi v Chief Adjudication Officer: CA 25 Jun 1997

A widow from a polygamous marriage is not entitled to the widowed mother’s allowance, despite the payment of national insurance contributions by the deceased father. There must have been a valid English marriage, according to the lex loci.

Citations:

Times 10-Jul-1997, Gazette 09-Jul-1997, [1997] EWCA Civ 1957

Statutes:

Social Security Contributions and Benefits Act 1992 37

Jurisdiction:

England and Wales

Cited by:

Cited – Chief Adjudication Officer v Bath CA 28-Oct-1999
The claimant and her husband had been married at a Sikh temple, and lived together for many years before his death. The temple had not been accredited for marriages, and the Secretary of State resisted payment of benefits to the claimant as a widow, . .
Lists of cited by and citing cases may be incomplete.

Benefits, Family

Updated: 04 October 2022; Ref: scu.142353

Galloway v Goldstein: FD 16 Jan 2012

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 husband and the wife here must have known that the ceremony they were going through in England on 30 May 1999 did not confer on them the status of marriage because they were already married, it is plain to me that . . the Court must conclude, and should declare, that that ceremony was of no legal effect and was a non-marriage.’ Declaration accordingly.

Judges:

Mostyn J

Citations:

[2012] EWHC 60 (Fam)

Links:

Bailii

Statutes:

Family Law Act 1986 55(1)(c)

Jurisdiction:

England and Wales

Citing:

Cited – D v D FD 2006
There is no status recognised in law of being twice validly married under two chronologically separated marriage ceremonies in different places . .
Cited – Hudson v Leigh FD 5-Jun-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 . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 04 October 2022; Ref: scu.450566

L v L: FD 15 Aug 2011

Appeal by the Appellant husband from a financial remedy order made following the breakdown of his marriage to the wife.

Judges:

Eleanor King J

Citations:

[2011] EWHC 2207 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – CS v ACS and Another FD 16-Apr-2015
Rule Against Appeal was Ultra Vires
W had applied to have set aside the consent order made on her ancillary relief application accusing the husband of material non-disclosure. She complained that her application to have the order varied had been refused on the ground that her only . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 04 October 2022; Ref: scu.450351

Kremen v Agrest: CA 19 Oct 2011

Citations:

[2011] EWCA Civ 1482

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Kremen v Agrest FD 15-Oct-2010
Application as to payment of funds held where the payer was a fugitive from justice, owing sums in maintenance to the claimant. W applied for an order setting aside a charge granted by H over property. In previous hearing the court had found that H . .
See Also – Kremen v Agrest (No 2) FD 3-Dec-2010
An application was made in ancillary relief case to set aside the transfer of a share in a company said to have been backdated to defeat the court’s jurisdiction.
Held: Mostyn J considered an There was a ‘strong practical reason why the cloak . .
See Also – Agrest and Another v Kremen CA 24-Jan-2011
Application for permission to appeal. . .
See Also – Kremen v Agrest CA 13-Apr-2011
. .

Cited by:

See Also – Kremen v Agrest (No11) FD 19-Jan-2012
Financial Remedy: Non-Disclosure: Post-Nuptial Agreement . .
See Also – Kremen v Agrest CA 5-Feb-2013
. .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 01 October 2022; Ref: scu.449882

Dean v Dean: FD 1978

The wife said that she had not got a good bargain in an agreement settling ancillary relief applications.
Held: The court must have regard to s.25 of the Matrimonial Causes Act, but also to: ‘Conduct of the parties in all the circumstances . . (which) must include the fact of and the nature of an agreement voluntarily arrived at by the parties.’Bush J said: ‘What is or is not a good bargain does not depend entirely on the financial aspects, other considerations may apply.’ The court sanctioned use of the abbreviated ‘notice to show cause’ procedure.

Judges:

Bush J

Citations:

[1978] Fam 161

Statutes:

Matrimonial Causes Act 1973 25

Jurisdiction:

England and Wales

Cited by:

Cited – S v S FD 14-Jan-2014
The court was asked to approve a settlement reached under the IFLA arbitration scheme.
Held: The order was approved, but the court took the opportunity to give guidance. . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 29 September 2022; Ref: scu.519963

Cox v Jones: ChD 6 May 2004

In the course of the hearing some of the claimant’s allegations were dropped. Newspapers having taken an interest in the case sought disclosure of the full document.
Held: The parts of the statements not relied upon included allegations against third parties who would have no opportunity of reply, and which allegations were not pursued. The names would be deleted. The court made available the documents required under 5.4 but not further.

Judges:

Mann, The Honourable Mr Justice Mann

Citations:

[2004] EWHC 1006 (Ch)

Links:

Bailii

Statutes:

Civil Procedure Rules 5.4 32.13

Jurisdiction:

England and Wales

Family, Evidence, Media, Civil Procedure Rules

Updated: 29 September 2022; Ref: scu.196624

Arif v Anwar and Others: Admn 14 Mar 2014

Hearing of the Wife’s adjourned application to enforce arrears accruing under an order for Maintenance Pending Suit and the Husband’s cross-application for that order to be varied and for the arrears accrued to be remitted.

Judges:

Norris J

Citations:

[2014] EWHC 4669 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Family

Updated: 28 September 2022; Ref: scu.545125

Bayes- Walker and Another v Bayes- Walker and Others: ChD 2 Dec 2010

An application was made for orders on the footing that the subject, not having been heard of for seven years, was presumed to have died.
Held: Evidence having been received that those who might be expected to have heard from him had not done so, and of the wide enquiries made, orders were made accordingly.

Judges:

Warren J

Citations:

[2010] EWHC 3142 (Ch), [2011] WTLR 1143

Links:

Bailii

Jurisdiction:

England and Wales

Family

Updated: 27 September 2022; Ref: scu.426776

X v A and others: ChD 29 Nov 2005

The wife sought confirmation that the trustees of a discretionary marriage settlement created by her husband could release sums which she intended to pay out for charitable purposes.
Held: The trust required money to be released for the benefit of the wife. She therefore had to show that she would receive some benefit, and the spending of the money for charitable purposes alone was not possible. The trustees are not at liberty to enter into the proposed transaction.

Judges:

Hart J

Citations:

[2005] EWHC 2706 (Ch), Times 10-Jan-2006, [2006] 1 WLR 741

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – In Re Pilkington’s Will Trusts; Pilkington v Inland Revenue Commissioners HL 8-Oct-1962
The trustees proposed establishing a new trust in respect of the share of an estate to which an infant beneficiary had a contingent entitlement. A portion of the trust fund would be allocated to the new trust.
Held: This was a lawful exercise . .
Cited – Public Trustee v Cooper 2001
The court identified two jurisdictions for the court in construing trusts: (1) the jurisdiction to decide questions of construction as to the ambit of trustees’ powers, and (2) the jurisdiction to ‘bless’ a particular transaction proposed by the . .
Cited – Re Clore’s Settlement Trusts ChD 1966
A 21 year old beneficiary of a substantial trust fund requested the trustees to apply for his benefit a sum (equal to about one-seventh of the fund) to a family charitable foundation. He would be entitled to the capital of the fund on attaining 30, . .
Cited – Re CL 1969
Trustees sought the court permission to distribute assets in such a way as to extinguish the beneficiary’s interest in favour of her adopted children with a consequent saving of estate duty on her death with no real detriment to the material . .
Cited – Richard v Mackay 1997
In construing a trust deed, it is not the task of the court to say how it would exercise any discretion given, but ‘ . . to ensure that the proposed exercise of the trustees’ powers is lawful and within the power and that it does not infringe the . .
Cited – Re Walker 1901
. .
Cited – Re Leigh’s Will Trusts; Handyside v Durbridge ChD 1970
The testatrix’s husband and only child had drowned in an accident. She was his administratrix and sole beneficiary under his intestacy. At his death, the husband had been the owner of 51% of the issued shares in a company and had been owed money by . .
Lists of cited by and citing cases may be incomplete.

Trusts, Family

Updated: 25 September 2022; Ref: scu.235446

Combe v Combe: CA 1951

The defendant husband had promised his wife to allow her andpound;100 a year free of tax, without his wife furnishing any consideration for the promise. On his failing to pay, she sued on the promise.
Held: Her claim failed. The court declined to treat the principle in High Trees as extending to cover such a case. Promissory estoppel is a defence not itself a cause of action. It is a shield not a sword.
Birkett LJ adopted a phrase of the husband’s counsel that the principle is ‘one to be used as a shield and not as a sword’.
Denning LJ said that the principle ‘does not create new causes of action. It only prevents a party from insisting upon his strict legal rights, when it would be unjust to allow him to enforce them, having regard to the dealings which have taken place between the parties’
Having considered case law on the need for consideration, he said: ‘In none of these cases was the defendant sued on the promise, assurance, or assertion as a cause of action in itself. He was sued for some other cause, for example, a pension or a breach of contract, or possession, and the promise, assurance, or assertion only played a supplementary role, though, no doubt, an important one. That is, I think, its true function. It may be part of a cause of action, but not a cause of action in itself. The principle, as I understand it, is that where one party has, by his words or conduct, made to the other a promise or assurance which was intended to affect the legal relations between them and to be acted on accordingly, then, once the other party has taken him at his word and acted on it, the one who gave the promise or assurance cannot afterwards be allowed to revert to the previous legal relations as if no such promise or assurance had been made by him, but he must accept their legal relations subject to the qualification which he himself has so introduced, even though it is not supported in point of law by any consideration, but only by his word.
Seeing that the principle never stands alone as giving a cause of action in itself, it can never do away with the necessity of consideration when that is an essential part of the cause of action. The doctrine of consideration is too firmly fixed to be overthrown by a side-wind. Its ill effects have been largely mitigated of late, but it still remains a cardinal necessity of the formation of a contract, although not of its modification or discharge. I fear that it was my failure to make this clear in Central London Property Trust Ltd v High Trees House Ltd which misled Byrne J in the present case. He held that the wife could sue on the husband’s promise as a separate and independent cause of action by itself, although, as he held, there was no consideration for it. That is not correct. The wife can only enforce the promise if there was consideration for it. That is, therefore, the real question in the case: Was there sufficient consideration to support the promise?

Judges:

Denning LJ, Birkett and Asquith LJJ

Citations:

[1951] 2 KB 215

Jurisdiction:

England and Wales

Citing:

Explained – Central London Property Trust Ltd v High Trees House Ltd KBD 18-Jul-1946
Promissory Estoppel Created
The plaintiff leased a block a flats to the defendant in 1939, at an annual rental of pounds 2500. High Trees had difficulty in filling the flats because of the war, and the parties agreed in writing in 1940 to reduce the rental to a half. No time . .

Cited by:

Cited – WWF (World Wide Fund for Nature) and Another v World Wrestling Federation Entertainment Inc CA 2-Apr-2007
The parties had disputed use of the initals WWF, with a compromise reached in 1994 allowing primary use by the Fund with restricted use by the Federation. The Federation now appealed an award of damages made after a finding of a breach of the . .
Lists of cited by and citing cases may be incomplete.

Family, Contract, Estoppel

Updated: 25 September 2022; Ref: scu.250976

Abdulaziz, Cabales And Balkandali v United Kingdom: ECHR 28 May 1985

The claimants had each settled within the UK in accordance with Immigration rules, but now challenged refusal of leave to remain to their husbands who sought to join them.
Held: Article 8 did not impose a ‘general obligation on the part of a Contracting State to respect the choice by married couples of the country of their matrimonial residence and to accept the non-national spouses for settlement in that country’.
‘Whatever else the word ‘family’ may mean, it must at any rate include the relationship that arises from a lawful and genuine marriage . . even if a family life . . has not yet been fully established’.

Citations:

9473/81, [1985] ECHR 7, 9214/80, 9474/81, (1985) 7 EHRR 471

Links:

Bailii

Statutes:

European Convention on Human Rights 3 8

Jurisdiction:

Human Rights

Cited by:

Cited – Ali and Bibi, Regina (on The Applications of) v Secretary of State for The Home Department SC 18-Nov-2015
At the claimants alleged that the rules requiring a foreign spouse or partner of a British citizen or a person settled in this country to pass a test of competence in the English language before coming to live here were an unjustifiable interference . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Immigration, Family

Updated: 20 September 2022; Ref: scu.445027

Young v Young: FD 22 Nov 2013

The parties disputed financial arrangements following their divorce. Moor J said: ‘This case has been quite extraordinary even by the standards of the most bitter of matrimonial breakdowns. It has been conducted in the full glare of the Media. Extremely serious allegations have been bandied around like confetti. Some of these allegations can only be described as ‘wild’. The case has cost the Wife millions of pounds in litigation fees. It has taken some six and a half years to come to trial. There have been around 65 separate hearings. At an earlier stage, I committed the Husband to prison for six months for contempt of court. I am now going to have to make a large number of findings of fact in relation to matters that are very hotly in issue. I have also decided that I have to be highly critical of the way in which the case has been conducted at various times by both parties. In many respects, this is about as bad an example of how not to litigate as any I have ever encountered. ‘

Judges:

Moor J

Citations:

[2013] EWHC 3637 (Fam), [2014] 2 Costs LO 136, [2014] Fam Law 291, [2014] 2 FCR 495

Links:

Bailii

Jurisdiction:

England and Wales

Family, Costs

Updated: 19 September 2022; Ref: scu.518392

Kremen v Agrest: CA 13 Apr 2011

Judges:

Black LJ

Citations:

[2011] EWCA Civ 1014

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Kremen v Agrest FD 15-Oct-2010
Application as to payment of funds held where the payer was a fugitive from justice, owing sums in maintenance to the claimant. W applied for an order setting aside a charge granted by H over property. In previous hearing the court had found that H . .
See Also – Kremen v Agrest (No 2) FD 3-Dec-2010
An application was made in ancillary relief case to set aside the transfer of a share in a company said to have been backdated to defeat the court’s jurisdiction.
Held: Mostyn J considered an There was a ‘strong practical reason why the cloak . .
Leave – Agrest and Another v Kremen CA 24-Jan-2011
Application for permission to appeal. . .

Cited by:

See Also – Kremen v Agrest CA 19-Oct-2011
. .
See Also – Kremen v Agrest (No11) FD 19-Jan-2012
Financial Remedy: Non-Disclosure: Post-Nuptial Agreement . .
See Also – Kremen v Agrest CA 5-Feb-2013
. .
Lists of cited by and citing cases may be incomplete.

Contempt of Court, Family

Updated: 19 September 2022; Ref: scu.443630

TC Kenya v Secretary of State for the Hoime Department: CA 17 Apr 2008

The claimant appealed against a finding that his marriage was one of convenience only and intended to secure his entry to the UK.

Judges:

Pill, Arden, Longmore LJJ

Citations:

[2008] EWCA Civ 543, [2008] Fam Law 611, [2008] 2 FLR 1627, [2008] Imm AR 645, [2008] 1 WLR 2362, [2008] 1 FCR 613

Links:

Bailii

Jurisdiction:

England and Wales

Immigration, Family

Updated: 19 September 2022; Ref: scu.443629

Manchester City Council v G and Others: CA 2 Aug 2011

The Council had been found to have wrongfully deprived the applicant of his liberty. They appealed now against an award of costs made against them.
Held: The appeal failed. The judge the power to depart from the usual order made under rule 157 where unreasonable conduct was found.

Judges:

Laws, Longmore, Etherton LJJ

Citations:

[2011] EWCA Civ 939

Links:

Bailii

Statutes:

Court of Protection rules 157

Jurisdiction:

England and Wales

Citing:

See Also – G v E and Others CoP 26-Mar-2010
E Was born with and still suffered severe learning difficulties. The court was asked as to the extent of his capacity to make decisions, and as to where he should live, with a family member, the carer or with the local authority, which had removed . .
Appeal from – G v E and Others FD 21-Dec-2010
(Court of Protection) Baker J awarded costs against a local authority which had been guilty of misconduct which, he held, justified departure from the general rule. He observed: ‘Parties should be free to bring personal welfare issues to the Court . .

Cited by:

Cited – In re T (Children) SC 25-Jul-2012
The local authority had commenced care proceedings, alleging abuse. After lengthy proceedings, of seven men and two grandparents, all but one were exonerated. The grandparents had not been entitled to legal aid, and had had to mortgage their house . .
Lists of cited by and citing cases may be incomplete.

Costs, Family

Updated: 17 September 2022; Ref: scu.443234

Shaw v Shaw: 1979

The wife filed a petition for a dissolution of her marriage to a diplomat attached to the United States embassy. At the time, he was immune, but the petition was allowed to proceed once the husband’s posting came to an end and he left the United Kingdom.

Citations:

[1979] F 62

Statutes:

Diplomatic Privileges Act 1964

Jurisdiction:

England and Wales

Cited by:

Cited – Reyes v Al-Malki and Another SC 18-Oct-2017
The claimant alleged that she had been discrimated against in her work for the appellant, a member of the diplomatic staff at the Saudi Embassy in London. She now appealed against a decision that the respondent had diplomatic immunity.
Held: . .
Lists of cited by and citing cases may be incomplete.

Family, International

Updated: 16 September 2022; Ref: scu.645787

Mrs Annie Lawson or Surtees v Robert Wotherspoon: SCS 20 Jan 1872

This was an action of declarator of marriage founded upon promise subsequente copula, or alternatively, for damages for breach of promise of marriage.
Held: Circumstances in which the judicial examination of the defender in a declarator of marriage was refused, there being no undue concealment or suspicion attaching to him, and no necessary probability of a penuria testium.
Opinion by the Lord President that judicial examination is still competent after proof has been led

Citations:

[1872] SLR 9 – 230

Links:

Bailii

Jurisdiction:

Scotland

Family

Updated: 16 September 2022; Ref: scu.576194

E v E: CA 27 Jun 2006

The court heard cross appeals by both parties regarding an order for shared residence and apportioned care and for ancillary relief.
Held: Both appeals succeeded, the order was set aside (save as to the decision for shared residence) and the case remitted.

Judges:

Lord Justice Kay Mr Justice Wilson Lord Justice Wall

Citations:

[2006] EWCA Civ 843, [2006] Fam Law 933, [2006] 2 FCR 631, [2006] 2 FLR 1228

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Payne v Payne; P v P CA 13-Feb-2001
No presumption for Mother on Relocation
The mother applied for leave to return to New Zealand taking with the parties’ daughter aged four. The father opposed the move, saying that allowing the move would infringe his and the child’s right to family life. He had been refused residence.
Lists of cited by and citing cases may be incomplete.

Family, Children

Updated: 14 September 2022; Ref: scu.242877

William Hamilton, of Grange, Esq v George Boswell Esq: HL 3 Feb 1721

A minor wife, whose husband was major, is reponed on the head of Minority and Lesion, against certain deeds executed by her, with consent of her husband: but such consent of the major husband excluded his jus mariti and courtesy, though it did not extend to enforce a warrandice of the deeds executed by the wife, to which he was specially bound.

Citations:

[1721] UKHL Robertson – 346

Links:

Bailii

Jurisdiction:

Scotland

Family

Updated: 13 September 2022; Ref: scu.553666

Prest v Prest: FD 29 Jul 2014

Citations:

[2014] EWHC 3430 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Prest v Prest and Others CA 16-Feb-2012
. .
See Also – Prest v Petrodel Resources Ltd and Others SC 12-Jun-2013
In the course of ancillary relief proceedings in a divorce, questions arose regarding company assets owned by the husband. The court was asked as to the power of the court to order the transfer of assets owned entirely in the company’s names. The . .
See Also – Prest v Prest FD 28-Jul-2014
W sought H’s committal to prison for failing to pay sums due under the provisions an Order for the payment of periodical payments to the wife for her own benefit and for the benefit of the children of the parties, so accordingly maintenance orders. . .

Cited by:

Cited – Prest v Prest CA 7-Jul-2015
H appealed against an order made under the 1869 Act as respects arrears under a maintenance order. . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 13 September 2022; Ref: scu.538858

Al-Saedy v Musawi: FD 29 Oct 2010

The wife sought a divorce. The respondent denied that there had been any marriage recognised in law.

Judges:

Bodey J

Citations:

[2010] EWHC 3293 (Fam), [2011] 2 FLR 287, [2011] Fam Law 689

Links:

Bailii

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 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 . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 13 September 2022; Ref: scu.440452

The Official Solicitor To The Senior Courts v Yemoh and Others: ChD 15 Dec 2010

The deceased had died intestate in 1985, and the administration concluded only lately by the Official Solicitor, who now sought guidance from the court on the administration of the estate, given that he had been party to eight customary polygamous (but lawful) marriages, with associated numbers of children.

Judges:

Elleray QC J

Citations:

[2010] EWHC 3727 (Ch)

Links:

Bailii

Statutes:

Judicial Trustee Act 1896, Administration of Estates Act 1925 46(1)

Jurisdiction:

England and Wales

Wills and Probate, Family

Updated: 13 September 2022; Ref: scu.440435

Yearwood v Yearwood: PC 19 Oct 2020

From the Court of Appeal of the Eastern Caribbean Supreme Court (Antigua and Barbuda) Registration for enforcement of court order for financial provision on divorce.

Judges:

Lord Kerr, Lady Black, Lord Briggs, Lord Sales, Lord Leggatt

Citations:

[2020] UKPC 26

Links:

Bailii

Jurisdiction:

England and Wales

Family

Updated: 12 September 2022; Ref: scu.659456

JB v D: FD 28 Jun 2016

‘This case has been listed before me today to deal with 3 issues: –
(i). The status of the Hague Convention Proceedings issued by the mother;
(ii) Whether the court has jurisdiction to make further Orders relevant to SJ, who is 9 years old, either under the Inherent Jurisdiction of the High Court to enforce its own Order, or under the Parens Patriae jurisdiction;
(iii) Whether the Court should make Orders for the return of SJ to Poland.’

Judges:

Hayden J

Citations:

[2016] EWHC 1607 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 12 September 2022; Ref: scu.566832

K v L: CA 13 May 2011

H’s appeal against an ancillary relief order for payment of lump sum allowing clean break.
Held: Wilson LJ said: ‘a special contribution arises in circumstances in which a spouse’s contribution, direct or indirect, to the creation of matrimonial property has been so extraordinary as to dictate a departure within the sharing principle from the ordinary consequence of its equal division. ‘

Judges:

Laws, Jacob, Wilson LJJ

Citations:

[2011] EWCA Civ 550, [2011] 2 FCR 597

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – S v AG (Financial Remedy: Lottery Prize) FD 14-Oct-2011
The court considered how to treat a lottery win of andpound;500,000 in the context of an ancillary relief application on a divorce.
Held: The answers in such cases must be fact specific. ‘In the application of the sharing principle (as opposed . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 12 September 2022; Ref: scu.439735

Golubovich v Golubovich: CA 3 Mar 2011

Judges:

Wilson LJ

Citations:

[2011] EWCA Civ 528

Links:

Bailii

Statutes:

Matrimonial and Family Proceedings Act 1984 13 17

Jurisdiction:

England and Wales

Cited by:

Leave – Golubovich v Golubovich CA 30-Mar-2011
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 . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 12 September 2022; Ref: scu.439726

Fleming v Fleming: CA 17 Nov 2003

An application for extension of a periodical payments order made for a finite period the applicant must surmount a high threshold.

Citations:

[2003] EWCA Civ 1841, [2004] 1 FLR 667, [2004] 1 FLR 667

Links:

Bailii

Statutes:

Matrimonial Causes Act 1973

Jurisdiction:

England and Wales

Cited by:

Cited – Miller v Miller; McFarlane v McFarlane HL 24-May-2006
Fairness on Division of Family Capital
The House faced the question of how to achieve fairness in the division of property following a divorce. In the one case there were substantial assets but a short marriage, and in the other a high income, but low capital.
Held: The 1973 Act . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 11 September 2022; Ref: scu.193649

Lightbody (Or Jacques) v Jacques: HL 28 Nov 1996

On an applicatin for ancillary relief on divorce, the sherriff thought that the spouses could share equally in the increase in the value of the matrimonial property after the date when they separated. That could not be done under the rules laid down by the statute. So he refrained from making any order for a financial provision.
Held: The special circumstances upon which a party sought to rely to justify modifying the route a court would otherwise take, must themselves be directly relevant to justify the unequal division of property. The sheriff had been entitled to give effect to the principle of equal division in a way that had not been contemplated by the statute.

Citations:

Times 06-Dec-1996, [1996] UKHL 2, [1997] Fam Law 395, 1997 SC (HL) 20, [1997] 1 FLR 748

Links:

House of Lords, Bailii

Statutes:

Family Law (Scotland) Act 1985 9(1)(a) 10

Jurisdiction:

Scotland

Cited by:

Cited – Miller v Miller; McFarlane v McFarlane HL 24-May-2006
Fairness on Division of Family Capital
The House faced the question of how to achieve fairness in the division of property following a divorce. In the one case there were substantial assets but a short marriage, and in the other a high income, but low capital.
Held: The 1973 Act . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 11 September 2022; Ref: scu.135034

Martin-Dye v Martin-Dye: CA 25 May 2006

The court was asked how to achieve fairness in ancillary relief proceedings on a divorce as respects pension entitlements. The parties had sufficient to allow a clean break, but the assets mixture included sums invested which would be returned only as pension payments.
Held: The court and parties should have taken advantage of the procedures available which would have resulted in a pension sharing order in the form now made: ‘a failure to treat the pensions as different in kind from the other assets, without at any rate making a significant adjustment to reflect the difference, was bound to lead to unfairness. The proportion of the husband’s assets that would vanish on his death was far greater than the proportion of the wife’s assets that would vanish on hers.’

Judges:

Lord Justice Thorpe Lord Justice Dyson

Citations:

Times 05-Jun-2006, [2006] EWCA Civ 681, [2006] 1 WLR 3448

Links:

Bailii

Statutes:

Divorce etc (Pensions) Regulations 2000, Matrimonial Causes Act 1973 25

Jurisdiction:

England and Wales

Citing:

Cited – Brooks v Brooks HL 29-Jun-1995
A director’s pension scheme could be treated as a post-nuptial marriage settlement where the director was the only scheme member. It was thus a matrimonial asset capable of variation by a court in ancillary relief proceedings in a divorce. The court . .
Cited – Cowan v Cowan CA 14-May-2001
When considering the division of matrimonial assets following a divorce, the court’s duty was, within the context of the rules set down by the Act, to impose a fair settlement according to the circumstances. Courts should be careful not to make . .
Cited – Maskell v Maskell CA 8-May-2001
Ancillary relief application . .

Cited by:

Cited – S v S FD 22-Sep-2006
The court heard an application for ancillary relief. The judgment had been delayed pending the decision in McFarlane. . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 10 September 2022; Ref: scu.242183

Mittal v Mittal: CA 18 Oct 2013

The parties were born and lived in India and were Hindu. They came to the UK but after separation, returned to India, leaving no assets here. H began divorce proceedings in India, but W then issued a petition here. She now appealed against on order staying her petition, saying that the Court had no jurisdiction to make the order.
Held: W’s appeal was dismissed. It was not appropriate to extend the reasoning in Owusu v Jackson to the very different circumstances of the case, which concerned a stay in favour of prior competing proceedings in a non Member State (lis alibi pendens).

Judges:

Rimer, Jackson, Lewison LJJ

Citations:

[2013] EWCA Civ 1255, [2013] WLR(D) 391, [2014] FAM 102, [2014] 2 WLR 1033, [2014] 1 FLR 1514, [2014] 2 FCR 208, [2014] Fam Law 286, [2014] 1 Fam 102

Links:

Bailii, WLRD

Statutes:

Domicile and Matrimonial Proceedings Act 1973, Senior Courts Act 1981 49, Council Regulation (EC) No 2201/2003

Jurisdiction:

England and Wales

Citing:

Appeal from – AB v CB FD 10-Oct-2012
Whether English divorce proceedings instituted here by the wife AB should be stayed to enable Indian proceedings for divorce instituted there earlier by CB.
Held: Bodey J stayed the wife’s English petition on the ground that India was the more . .
Distinguished – Owusu v Jackson ECJ 1-Mar-2005
ECJ Brussels Convention – Territorial scope of the Brussels Convention – Article 2 – Jurisdiction – Accident which occurred in a non – Contracting State – Personal injury – Action brought in a Contracting State . .
Cited – In Re I (A Child) SC 1-Dec-2009
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. . .
Cited – A v A and another (Children) (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening) SC 9-Sep-2013
Acquisition of Habitual Residence
Habitual residence can in principle be lost and another habitual residence acquired on the same day.
Held: The provisions giving the courts of a member state jurisdiction also apply where there is an alternative jurisdiction in a non-member . .
Cited – JKN v JCN (Divorce: Forum) FD 19-Apr-2010
Ms Theis QC decided that proceedings were only ‘governed’ by BIIR if they fell within article 19 of BIIR . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, Family, European

Updated: 10 September 2022; Ref: scu.516556

M-T v T: FD 15 Oct 2013

The court considered the financial arrangements on the parties’ divorce, the children’s arrangements being now concluded.

Judges:

Charles J

Citations:

[2013] EWHC 2061 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Family

Updated: 10 September 2022; Ref: scu.516469

AB v CB: FD 10 Oct 2012

Whether English divorce proceedings instituted here by the wife AB should be stayed to enable Indian proceedings for divorce instituted there earlier by CB.
Held: Bodey J stayed the wife’s English petition on the ground that India was the more appropriate forum to hear the proceedings (forum non conveniens).

Judges:

Bodey J

Citations:

[2012] EWHC 3841 (Fam), [2013] 2 FLR 29, [2013] Fam Law 384

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – A v A and another (Children) (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening) SC 9-Sep-2013
Acquisition of Habitual Residence
Habitual residence can in principle be lost and another habitual residence acquired on the same day.
Held: The provisions giving the courts of a member state jurisdiction also apply where there is an alternative jurisdiction in a non-member . .
Appeal from – Mittal v Mittal CA 18-Oct-2013
The parties were born and lived in India and were Hindu. They came to the UK but after separation, returned to India, leaving no assets here. H began divorce proceedings in India, but W then issued a petition here. She now appealed against on order . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 09 September 2022; Ref: scu.470753

JKN v JCN (Divorce: Forum): FD 19 Apr 2010

Ms Theis QC decided that proceedings were only ‘governed’ by BIIR if they fell within article 19 of BIIR

Judges:

Ms Lucy Theis QC I

Citations:

[2010] EWHC 843 (Fam), [2011] 1 FLR 826, [2010] Fam Law 796, [2011] 2 FCR 33

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – A v A and another (Children) (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening) SC 9-Sep-2013
Acquisition of Habitual Residence
Habitual residence can in principle be lost and another habitual residence acquired on the same day.
Held: The provisions giving the courts of a member state jurisdiction also apply where there is an alternative jurisdiction in a non-member . .
Cited – Mittal v Mittal CA 18-Oct-2013
The parties were born and lived in India and were Hindu. They came to the UK but after separation, returned to India, leaving no assets here. H began divorce proceedings in India, but W then issued a petition here. She now appealed against on order . .
Lists of cited by and citing cases may be incomplete.

Family, Jurisdiction, European

Updated: 09 September 2022; Ref: scu.415945