Results: 7

• Westminster City Council v C (C v City of Westminster Social and Community Services Department)

  19 Mar 2008 [2008] EWCA Civ 198; [2009] Fam 11; [2009] 2 WLR 185; [2008] 2 FLR 267; (2008) 158 NLJ 479, CA

  Subsequent considerations : 4 positive; most recently considered: 2013. Subsequent citations: 23.
  HIGH COURT — Jurisdiction — Declaratory relief

  HUSBAND AND WIFE — Marriage — Capacity to marry
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  Case index catchwords

  HIGH COURT — Jurisdiction — Declaratory relief — Welfare of incapable adult — Local authority applying under inherent jurisdiction for orders as to future protection and management — Whether jurisdiction to determine place of residence — Whether jurisdiction to prohibit removal to foreign state on basis of best interests

  HUSBAND AND WIFE — Marriage — Capacity to marry — Vulnerable man domiciled and present in England lacking intellectual capacity to marry — Man married by telephone to woman in Bangladesh — Place of celebration assumed to be Bangladesh — Marriage valid according to Bangladeshi law — Local authority applying under inherent jurisdiction for declaration as to man's capacity to marry — Judge declaring marriage invalid — Whether marriage void or voidable — Whether jurisdiction to declare marriage void on application for declaration — Whether dual domicile rule applying — Whether recognition of marriage contrary to public policy — Whether marriage to be recognised — Matrimonial Causes Act 1973 (as amended by Mental Health Act 1983, s 148, Sch 4, para 34), s 12(c)

  7 Case(s) considered

  1 Statute considered
• In re X (Children) (Parental Order: Foreign Surrogacy)

  09 Dec 2008 [2008] EWHC 3030 (Fam); [2009] Fam 71; [2009] 2 WLR 1274; [2009] 1 FLR 733, Fam D (Hedley J)

  Subsequent considerations : 1 neutral. Subsequent citations: 25.
  CHILDREN — Orders with respect to children — Parental order
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  Case index catchwords

  CHILDREN — Orders with respect to children — Parental order — Couple domiciled in England entering into surrogacy agreement with married Ukrainian woman — Surrogate mother's husband acquiescing in agreement — Ukrainian couple having no parental rights under Ukrainian law — Application by English couple for parental order — Whether Ukrainian husband to be treated as father — Payments to surrogate mother exceeding reasonable expenses — Whether payments to be authorised — Whether order to be made — Human Fertilisation and Embryology Act 1990, ss 28(2)(4), 30(1)(5)(7)

  2 Statutes considered

• In re C (A Child) (Adoption: Parental Consent)

  24 Oct 2008 [2008] EWHC 2555 (Fam); [2009] Fam 83; [2009] 3 WLR 617; [2009] PTSR 1102; [2009] 1 FLR 299, Fam D (Eleanor King J)

  ADOPTION — Adoption order — Arrangements for adoption
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  Case index catchwords

  ADOPTION — Adoption order — Arrangements for adoption — Consent to placement for adoption and to future adoption given when child less than six weeks old — Consent to adoption order ineffective where child less than six weeks old — Whether consent to placement for adoption effective — Whether placement for adoption authorised — Adoption and Children Act 2002, ss 18, 19, 20, 47(4), 52(3) — Adoption Agencies Regulations 2005, reg 35

  1 Statute considered

  1 Statutory Instrument considered
• Wakefield Metropolitan District Council v T

  19 Mar 2008 [2008] EWCA Civ 199; [2009] Fam 1; [2008] 3 WLR 1316; [2008] 1 FLR 1569, CA

  Subsequent considerations : 1 negative. Subsequent citations: 1.
  CHILDREN — Orders with respect to children — Supervision order
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  Case index catchwords

  CHILDREN — Orders with respect to children — Supervision order — Duration — Judge making supervision order of three years' duration — Whether jurisdiction to make order for initial period of more than 12 months — Guidance as to when supervisor's application for extension of supervision order to be made — Children Act 1989, s 31, Sch 3, para 6(1)(3)(4)

  2 Case(s) considered

  1 Statute considered
• In re St Peter’s, Draycott

  13 Mar 2009 [2009] Fam 93; [2009] 3 WLR 248; [2009] PTSR 1251, Arches Ct

  Subsequent considerations : 1 positive; 2 neutral; 1 negative. Subsequent citations: 10.
  ECCLESIASTICAL LAW — Faculty — Font

  ECCLESIASTICAL LAW — Practice — Appeal

  ECCLESIASTICAL LAW — Practice — Written representations procedure
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  Case index catchwords

  ECCLESIASTICAL LAW — Faculty — Font — Sale — Case for sale based on parish's financial need — Whether jurisdiction to authorise sale of font — Whether financial emergency — Whether financial need giving rise to necessity for change — Whether faculty to be granted

  ECCLESIASTICAL LAW — Practice — Appeal — Intervener — Whether power to allow intervention by advisory Church Buildings Council — Whether to be granted — CPR r 52.12 — Faculty Jurisdiction (Appeals) Rules 1998, rr 10, 24

  ECCLESIASTICAL LAW — Practice — Written representations procedure — Discretion of chancellor — Factors relevant to exercise of discretion — Guidance on use of procedure — Faculty Jurisdiction Rules 2000, r 26(1)

  1 Case considered

  3 Statutory Instruments considered
• Rinau v Rinau

  11 Jul 2008 (Case C-195/08 PPU); EU:C:2008:406; [2009] Fam 51; [2009] 2 WLR 972; [2008] All ER (EC) 1145; [2008] 2 FLR 1495, ECJ

  Subsequent considerations : 1 positive. Subsequent citations: 16.
  EUROPEAN COMMUNITY — Judgment — Recognition and enforcement in other member states
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  Case index catchwords

  EUROPEAN COMMUNITY — Judgment — Recognition and enforcement in other member states — Judgment ordering return of child from member state where retained to member state of habitual residence — Certification of judgment by adjudicating court — Whether order for non-return by court of member state of retention preliminary jurisdictional requirement to issue of certificate in state of origin — Whether subsequent suspension or revocation of original non-return order relevant — Enforceability of return order in requested state — Whether possible to apply for non-recognition of judicial decision if no prior application for recognition — Whether party seeking recognition of judicial decision entitled to make submissions on application for non-recognition — Council Regulation (EC) No 2201/2003, arts 11(8), 21(3), 31(1), 40(1)(b), 41, 42

  1 EU Enactment considered

• In re St Mary the Virgin, Oxford

  20 Jun 2008 [2009] Fam 38; [2009] 2 WLR 1381; [2009] PTSR 862, Const Ct

  ECCLESIASTICAL LAW — Faculty — Memorial tablet
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  Case index catchwords

  ECCLESIASTICAL LAW — Faculty — Memorial tablet — Commemorative plaque for Roman Catholic and Protestant martyrs executed as heretics and traitors — Whether faculty to be granted — Whether memorial appropriate in absence of royal pardon

  2 Case(s) considered