Tag: Family

HRH Louis Xavier Marie Guillaume Prince of Luxembourg, Prince of Nassau and Prince of Bourbon-Parma v HRH Tessy Princess of Luxembourg, Princess of Nassau and Princess of Bourbon-Par: FD 5 Dec 2017

After financial relief hearings, W sought an order allowing limited further disclosures to counteract what she said was misleading reportage

Citations:

[2017] EWHC 3095 (Fam), [2017] WLR(D) 820

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Family, Media

Updated: 02 April 2022; Ref: scu.601946

Radseresht v Radseresht-Spain: FD 13 Oct 2017

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 jurisdiction.
Held: The divorce should not be recognised on both grounds, both that of notice and ability to participate. As to notice, the wife had no notice at all. All she had was a Power of Attorney which she could not read or understand, a copy of which had not been provided to her. Furthermore, as to revocability inder Moslem law, the continued intention to remain married during the relevant period has been shown by W..

Judges:

Cohen J

Citations:

[2017] EWHC 2932 (Fam)

Links:

Bailii

Statutes:

Family Law Act 1986 45

Jurisdiction:

England and Wales

Citing:

Cited – Duhur-Johnson v Duhur-Johnson FD 3-May-2005
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) . .
Cited – Lachaux v Lachaux FD 2-Mar-2017
. .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 01 April 2022; Ref: scu.599577

P and Others (Human Fertilisation and Embryology Act 2008) (No 2): FD 13 Oct 2017

Following the identification of various errors in the paperwork at a fertility treatment centre, the court had ordered an audit. That audit had taken place and a further few errors identified. However after further concerns, the HFEA had re-audited the centre’s files, with the results suggesting that the first audit had been inadequate. Complaints were now raised as to the contents of a standard letter sent by the doctor then in charge to the families affected.
Held: Problems as to legal parenthood arising from a lack of signed consent could not be resolved without a formal court order.
The Court also questioned the possibility that legal advice had een given to some clinics, that a statement of parental wishes might be signed in order to aleviate any question which might arise.

Judges:

Sir James Munby P FD

Citations:

[2017] EWHC 2532 (Fam)

Links:

Bailii

Statutes:

Human Fertilisation and Embryology Act 2008

Jurisdiction:

England and Wales

Family, Health Professions

Updated: 01 April 2022; Ref: scu.598966

Mazhar v The Lord Chancellor: FD 12 Oct 2017

The claimant had been subject to a without notice order allowing him to be taken against his will to hospital for treatment. He said that, having capacity himself, the court had no power to make such an order. A settlement of damages having been agreed, the court now considered whether a declaration as to the law was required, in particular as to whether the court’s jurisdiction was limited to cover only those without mental capacity.
Held:

Judges:

Sir Ernest Ryder, Senior President

Citations:

[2017] EWHC 2536 (Fam), [2017] WLR(D) 680

Links:

Bailii, WLRD

Statutes:

European Convention on Human Rights 5 6 8, Mental Capacity Act 2005

Jurisdiction:

England and Wales

Family, Human Rights

Updated: 01 April 2022; Ref: scu.598965

Wilmot v Maughan: CA 27 Oct 2017

The husband appeals from Mostyn J’s order of 13th January 2016 by which he dismissed the husband’s deemed application to set aside all orders made in the proceedings since 2010. The substantive proceedings are financial remedy proceedings in which the wife has made a number of enforcement applications.

Judges:

Black, Sales, Moylan LJJ

Citations:

[2017] EWCA Civ 1668

Links:

Bailii

Jurisdiction:

England and Wales

Family, Litigation Practice

Updated: 01 April 2022; Ref: scu.598469

Hart v Hart: CA 31 Aug 2017

‘This case concerns the approach which the court should take to non-matrimonial property when determining a financial remedy claim by application of the sharing principle.’

Judges:

Lloyd Jones, Beatson, Moylan LJJ

Citations:

[2017] EWCA Civ 1306, [2017] WLR(D) 585

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Family

Updated: 30 March 2022; Ref: scu.594987

B v L: FC 20 Oct 2016

H, a devout Muslim, objected to the English court dealing with the divorce proceedings brought by W. He said that under Sharia law, any proceedings had to occur in Pakistan.
Held: The court had jurisdiction. There was clear evidence that the law of divorce in Pakistan was discriminatory, and that W would have less rights there. Though both parties had dual English and Pakistani nationality both were clearly resident here.

Judges:

Francis J

Citations:

[2016] EWFC 67

Links:

Bailii

Statutes:

Matrimonial Causes Act 1973

Jurisdiction:

England and Wales

Family, Jurisdiction

Updated: 28 March 2022; Ref: scu.592356