Results: 7

• Pelling v Bruce-Williams (Secretary of State for Constitutional Affairs intervening) (P v BW)

  02 Jul 2003 [2003] EWHC 1541 (Fam); [2004] Fam 22; [2004] 2 WLR 509; [2003] 4 All ER 1074; [2004] 1 FLR 171, Fam D (Bennett J)

  01 Jul 2004 [2004] EWCA Civ 845; [2004] Fam 155; [2004] 3 WLR 1178; [2004] 3 All ER 875; [2004] 2 FLR 823, CA

  Subsequent citations: 16.
  PRACTICE — Family Division — Chambers applications
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  Case index catchwords

  PRACTICE — Family Division — Chambers applications — Whether provisions requiring child proceedings to be heard and judgment given in chambers contrary to right to fair trial — Children Act 1989, s 97 (as amended by Broadcasting Act 1990, s 203(1), Sch 20, para 53, Transfer of Functions (Magistrates' Courts and Family Law) Order 1992, art 3(2), Sch 2, and Access to Justice Act 1999, s 72(a)) — Human Rights Act 1998, s 4, Sch 1, Pt I, art 6(1) — Family Proceedings Rules 1991, r 4.16(7)

  3 Case(s) considered

  2 Statutes considered

  1 Statutory Instrument considered

• C v C (Ancillary Relief: Nuptial Settlement)

  02 Apr 2004 [2004] EWHC 742 (Fam); [2004] Fam 141; [2004] 2 WLR 1467, Fam D

  30 Jul 2004 [2004] EWCA Civ 1030; [2005] Fam 250; [2005] 2 WLR 241; [2004] 2 FLR 1093, CA

  Subsequent citations: 6.
  CONFLICT OF LAWS — Jurisdiction under European Convention — Variation of trust

  HUSBAND AND WIFE — Settlement — Variation
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  Case index catchwords

  CONFLICT OF LAWS — Jurisdiction under European Convention — Variation of trust — Settlement made on husband and wife — Trust governed by Jersey law — Wife applying for variation of trust on divorce — Whether English court's provisions for disposing of application “designated by conflicts rules” — Whether English law applicable — Whether court having jurisdiction — Recognition of Trusts Act 1987, Sch, art 15

  HUSBAND AND WIFE — Settlement — Variation — Post-nuptial settlement — Settlement made on husband and wife — Wife applying for variation of trust on divorce — Parties ceasing to be beneficiaries by time of application — Whether power to vary — Matrimonial Causes Act 1973, s 24(1)(c)

  3 Case(s) considered

  2 Words & Phrases considered

  2 Statutes considered
• In re S (A Child) (Identification: Restrictions on Publication)

  10 Jul 2003 [2003] EWCA Civ 963; [2004] Fam 43; [2003] 3 WLR 1425; [2003] 2 FLR 1253, CA

  23 Jun 2004 (pet all) [2004] 1 WLR 1952, HL(E)

  28 Oct 2004 [2004] UKHL 47; [2005] 1 AC 593; [2004] 3 WLR 1129; [2004] 4 All ER 683; [2005] 1 FLR 591, HL(E)

  Subsequent considerations : 21 positive; 11 neutral; most recently considered: 2022. Subsequent citations: 398.
  CHILDREN — Court's inherent jurisdiction — Restriction on publication

  HUMAN RIGHTS — Respect for private life — Interference with
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  CHILDREN — Court's inherent jurisdiction — Restriction on publication — Parent charged with murder of son — Application under inherent jurisdiction for injunction prohibiting identification of defendant and victim in reports of criminal trial in order to protect privacy of surviving child — Basis of court's jurisdiction — Whether injunction to be granted

  HUMAN RIGHTS — Respect for private life — Interference with — Identification of defendant and victim in reports of criminal proceedings likely to impinge on private life of defendant's relative — Application for injunction preventing identification of defendant or victim — Balance of Convention rights — Human Rights Act 1998, Sch 1, Pt I, arts 8, 10

  11 Case(s) considered

  1 Statute considered
• P v P (Ancillary Relief: Proceeds of Crime)

  08 Oct 2003 [2003] EWHC 2260 (Fam); [2004] Fam 1; [2003] 3 WLR 1350; [2003] 4 All ER 843; [2004] 1 FLR 193, Fam D

  Subsequent considerations : 1 negative. Subsequent citations: 3.
  PRACTICE — Proceeds of criminal conduct — Disclosure
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  PRACTICE — Proceeds of criminal conduct — Disclosure — Ancillary relief proceedings — Wife's lawyers suspecting husband's assets including criminal property — Lawyers making authorised disclosure — Whether lawyers “concerned in” arrangement facilitating acquisition, retention, use or control of criminal property — Whether lawyers permitted to inform client and opponents of disclosure — Proceeds of Crime Act 2002, ss 328, 333, 342

  2 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered
• In re H (A Child) (Care Order: Appropriate Local Authority)

  18 Nov 2003 [2003] EWCA Civ 1629; [2004] Fam 89; [2004] 2 WLR 419; [2004] 1 FLR 534, CA

  Subsequent considerations : 1 positive. Subsequent citations: 15.
  CHILDREN — Care proceedings — Designated local authority
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  Case index catchwords

  CHILDREN — Care proceedings — Designated local authority — Child placed in foster care under interim order in one area — Child subsequently placed with relatives in different area — Whether placement affecting designation of appropriate local authority in care order — Children Act 1989, ss 23(6), 31(8), 105(6)

  1 Case considered

  1 Statute considered

• In re A Local Authority (Inquiry: Restraint on Publication)

  27 Nov 2003 [2003] EWHC 2746 (Fam); [2004] Fam 96; [2004] 2 WLR 926; [2004] 1 All ER 480; [2004] LGR 117; [2004] 1 FLR 541; [2004] 1 FCR 113; (2004) 76 BMLR 210; The Times, 5 December 2003, Fam D (Dame Elizabeth Butler-Sloss P)

  Subsequent citations: 15.
  CHILDREN — Court's parental jurisdiction — Injunction
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  Case index catchwords

  CHILDREN — Court's parental jurisdiction — Injunction — Restraint on publication by local authority of potentially damaging report of inquiry on fostering of children — Court's jurisdiction to grant declaratory and injunctive relief — Whether available in respect of adults under disability — Whether right of privacy outweighing freedom of expression — Human Rights Act 1998, Sch 1, Pt I, arts 8, 10

  1 Case considered

  1 Statute considered
• In re Holy Trinity, Bosham

  10 Dec 2003 [2004] Fam 125; [2004] 2 WLR 833; [2004] 2 All ER 820, Const Ct

  Subsequent considerations : 2 positive. Subsequent citations: 4.
  ECCLESIASTICAL LAW — Faculty — Disinterment
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  Case index catchwords

  ECCLESIASTICAL LAW — Faculty — Disinterment — Putative grave of Saxon king — Faculty sought to open coffin for visual examination and removal of sample for destructive testing — Whether cogent and compelling case made for legitimacy of proposed research — Whether special circumstance made out for departing from presumption against disturbing human remains buried in consecrated ground — Whether faculty to be granted

  1 Case considered