Tag: Family

K (REMO – Power of Magistrates to Issue Bench Warrant): FC 12 May 2017

Whether magistrates sitting in the Family Court have the power to issue a warrant for the arrest of an alleged maintenance debtor who has failed to obey an order to attend for questioning as to his means.
Held: They did, though in this case personal service of the order had not yet been achieved and the matter was remitted.

Judges:

Peter Jackson J

Citations:

[2017] EWFC 27, [2017] WLR(D) 329

Links:

Bailii, WLRD

Statutes:

Matrimonial and Family Proceedings Act 1984 31E

Jurisdiction:

England and Wales

Family, Magistrates

Updated: 26 March 2022; Ref: scu.584197

WM v HM: FC 9 May 2017

Judges:

Mostyn J

Citations:

[2017] EWFC 25

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Applied – Re F (Children) CA 9-Jun-2016
Appeal against order made in Hague Convention proceedings.
Munby set out the function of the Court of Appeal: ‘Like any judgment, the judgment of the Deputy Judge has to be read as a whole, and having regard to its context and structure. The . .
Cited – Fage UK Ltd and Another v Chobani UK Ltd and Another CA 28-Jan-2014
Lewison LJ said: ‘Appellate courts have been repeatedly warned, by recent cases at the highest level, not to interfere with findings of fact by trial judges, unless compelled to do so. This applies not only to findings of primary fact, but also to . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 26 March 2022; Ref: scu.584199

Giggs v Giggs: FD 17 Feb 2017

The parties, both famous, were divorcing. In financial remedy proceedings, they now sought restrictions on the publication of the financial details of the applications.
Held: Granted as to financial details.

Judges:

Cobb J

Citations:

[2017] EWHC 822 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Family, Media, Human Rights

Updated: 24 March 2022; Ref: scu.582026

Re C (A Child), (No 2) (Application for Public Interest Immunity): FD 31 Mar 2017

Application of the Secretary of State for the Home Department (SSHD) for public interest immunity in an application as to a child thought to be at risk of radicalisation.

Judges:

Pauffley J

Citations:

[2017] EWHC 692 (Fam)

Links:

Bailii

Statutes:

Justice and Security Act 2013

Jurisdiction:

England and Wales

Family

Updated: 24 March 2022; Ref: scu.582028

HB v A Local Authority and Another: FD 21 Mar 2017

(Wardship – Costs Funding Order) The Court was asked ‘ whether the High Court has power, under its inherent jurisdiction, to make a costs funding order against a local authority requiring it to fund legal advice and representation for a parent in wardship proceedings brought by the local authority where that parent has lawfully been refused legal aid.’
Held: No

Judges:

MacDonald J

Citations:

[2017] EWHC 524 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Family, Legal Aid, Local Government

Updated: 24 March 2022; Ref: scu.581089

Alexander Robertson, Merchant In Portsoy v Helen Inglis, Daughter of John Inglis: HL 14 Feb 1787

Marriage by Cohabitation and Acknowledgment. – Circumstances in which the marriage was held complete.
This was a declarator of marriage and adherence, brought by the respondent, Helen Inglis, against the appellant, Alexander Robertson, setting forth that he, Robertson, had in 1769, made his addresses to her,-that he had urged her to be his wife, which, after some solicitation, she agreed to, and soon thereafter he fitted up a house for her,-that she, the pursuer, thereafter became desirous of being formally married by a clergyman, but he told her that this was not necessary, and that they were really man and wife, and that the ceremony would only give publicity to a thing which he wished concealed from his father and mother. That, in order to satisfy her, he wrote out and delivered to her a contract of marriage, which he afterwards abstracted from her repositories,-that, in virtue of these solicitations, and on the faith of these assurances, they cohabited together, and lived and resided in the house above mentioned as man and wife, from the year 1769 to 1783, during which time he behaved himself to her in all respects as a husband would do to his wife, by providing the necessaries of life, and by owning and acknowledging her as such; and she was owned and acknowledged as his wife, by the minister of the parish where he resided, and by the whole neighbourhood. That by the ten letters produced, he acknowledges her as his dear wife, and subscribed himself her affectionate and loving husband. The action was thus founded on three grounds, 1. Promise with subsequent copula. 2. Habit and repute; and, 3. Acknowledgment of marriage. In addition to these facts, the house in which they lived had been bought on her account. She was originally a servant, but, preparatory to marriage, he sent her to board, and for her education. On that event, he had given her an annuity of andpound;50 per annum, in case of his predecease. When latterly he fell off in 1783, and proposed marriage to another female, Miss Brown, and this marriage was to be celebrated by a clergyman, none of the clergymen about the place would perform the ceremony, so public was the repute of their being man and wife; and Miss Brown and he had to get married by acknowledging, and going to bed before two witnesses, taking protest in the hands of a notary. In defence, the marriage was denied, and on proof being allowed, and taken on the import of the proof, the appellant contended that she had failed in establishing any of the three grounds of her action.

Citations:

[1787] UKHL 3 – Paton – 53

Links:

Bailii

Jurisdiction:

Scotland

Family

Updated: 23 March 2022; Ref: scu.581014

Agnes Kello v Patrick Taylor: HL 16 Feb 1787

Marriage – Constitution of Do. – Circumstances in which a written acknowledgment of each other as husband and wife, not seriously gone into on the part of the female, but immediately repented of, did not constitute marriage.
At the annual market fair of Skirling, the appellant, Agnes Kello, who was the only daughter of a farmer in Skirling-Miln, became acquainted with the respondent Taylor, who had been a farmer in Birkenshaw. Taylor followed up this accidental meeting, by paying his addresses to her at her mother’s house; he made an impression on her. But her parents inquiring more particularly into his character, were not satisfied. Their daughter was possessed of andpound;2000, and her suitor was on the eve of a second bankruptcy. After eighteen months unsuccessfully soliciting her in marriage, he obtained the following writing signed by

Citations:

[1787] UKHL 3 – Paton – 56

Links:

Bailii

Jurisdiction:

Scotland

Family

Updated: 23 March 2022; Ref: scu.581013

Henrietta Sinclair,and Janet Williamson, Formerly Sinclair etc: HL 27 Mar 1789

Marriage Settlement – Relief among Heirs – Res Judicata. – The questions in this case were, 1st, Whether a deed executed by David Sinclair of Southdun in 1716 was to be considered a marriage settlement? 2. Whether it was competent to enter into that question, in respect of it being res judicata, by a decree pronounced between the same parties in 1763? 3. Whether the heir in possession, who is bound to keep down the interest of the debt due on the estate, during his possession, has relief against the other heirs of line taking separate estates? The Court of Session

Citations:

[1789] UKHL 3 – Paton – 113

Links:

Bailii

Jurisdiction:

Scotland

Family

Updated: 23 March 2022; Ref: scu.580995

SL v MJ: FD 24 Nov 2006

Application of SL, now aged 21 on a petition of nullity in relation to the ceremony of marriage which she underwent with MJ in Tanzania.

Judges:

Macur J

Citations:

[2006] EWHC 3743 (Fam), [2007] 2 FLR 461, [2007] Fam Law 986

Links:

Bailii

Jurisdiction:

England and Wales

Family

Updated: 23 March 2022; Ref: scu.581005

MS v PS: ECJ 9 Feb 2017

ECJ (Judgment) Reference for a preliminary ruling – Regulation (EC) No 4/2009 – Article 41(1) – Recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations – Enforcement of a decision in a Member State – Application submitted directly to the competent authority of the Member State of enforcement – National legislation requiring recourse to be had to the Central Authority of the Member State of enforcement

Citations:

ECLI:EU:C:2017:104, [2017] EUECJ C-283/16

Links:

Bailii

Jurisdiction:

European

Family

Updated: 29 January 2022; Ref: scu.573940

Stocker v Stocker: CA 24 Mar 2015

Application for leave to appeal

Judges:

Blake J

Citations:

[2013] EWCA Civ 628

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Stocker v Stocker QBD 10-Jun-2015
The claimant alleged defamation by his former wife in a post on facebook. The posting and associatedeEmails were said falsely to have accused him of serious abuse, and that the accusations had undermined his relationship with his new partner.
See Also – Stocker v Stocker QBD 29-Jan-2016
Application on pre-trial review . .
See Also – Stocker v Stocker CA 12-Feb-2018
Defamation proceedings after divorce.
Sharp LJ said this about the use of dictionaries as a means of deciding the meaning to be given to a statement alleged to be defamatory: ‘The use of dictionaries does not form part of the process of . .
See Also – Stocker v Stocker SC 3-Apr-2019
The parties had been married and divorced. Mrs S told M S’s new partner on Facebook that he had tried to strangle her and made other allegations. Mrs S now appealed from a finding that she had defamed him. Lord Kerr restated the approach to meaning . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 29 January 2022; Ref: scu.550178

Scatliffe v Scatliffe: PC 12 Dec 2016

British Virgin Islands – Appeal against financial relief order made on divorce. The husband questioned whether the judge had made a proper re-division of the family assets, and in particular whether property inherited by the husband was to be treated as ‘non-matrimonial property’.

Judges:

Lady Hale, Lord Wilson, Lord Carnwath

Citations:

[2016] UKPC 36, [2016] WLR(D) 665

Links:

Bailii, WLRD

Jurisdiction:

Commonwealth

Family

Updated: 28 January 2022; Ref: scu.573100

Case O (Human Fertilisation and Embryology Act 2008): FD 13 Sep 2016

The court considered another case where documentation forming an integral part of the process of settling the parentage of a child born through procedures regulated by the Acts and which now required a formal order confirming parentage.

Sir James Munby
[2016] EWHC 2273 (Fam)
Bailii
Human Fertilisation and Embryology Act 2008, Human Fertilisation and Embryology Act 2008
England and Wales

Family

Updated: 23 January 2022; Ref: scu.569423