Results: 8

• J v The Foundation Trust

  20 Nov 2009 [2009] EWHC 2972 (Fam); [2010] Fam 70; [2010] 3 WLR 840; [2010] 1 FLR 1251, Ct of Protection (Charles J)

  Subsequent citations: 14.
  MENTAL DISORDER — Admission for treatment — Validity of detention
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  Case index catchwords

  MENTAL DISORDER — Admission for treatment — Validity of detention — Admission of mentally disordered patient incapable of giving or refusing consent — Patient suffering from mental and physical disorders — Patient objecting to admission for treatment — Whether patient “ineligible to be deprived of liberty” — Whether patient unlawfully detained — Mental Health Act 1983 (as amended by Mental Health Act 2007, ss 1(4), 4(1), 7(2)(3), Sch 1, para 2), ss 2, 3, 145 — Mental Capacity Act 2005 (as inserted by Mental Health Act 2007, s 50, Schs 7, 8, 9), ss 4A, 4B, 16A, 21A, Schs A1, 1A

  1 Words & Phrases considered

  2 Statutes considered
• Haringey London Borough Council v MA (In re A (A Child) (Adoption: Assessment outside Jurisdiction))

  21 Jul 2008 [2008] EWHC 1722 (Fam); [2008] 2 FLR 1857, Fam D (Charles J)

  05 Feb 2009 [2009] EWCA Civ 41; [2010] Fam 9; [2009] 3 WLR 1169; [2010] PTSR 289; [2009] 3 All ER 479; [2009] 2 FLR 597, CA (Thorpe LJ, Wall LJ, Moore-Bick LJ)

  Subsequent considerations : 2 positive. Subsequent citations: 6.
  ADOPTION — Adoption order — Arrangements for adoption
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  Case index catchwords

  ADOPTION — Adoption order — Arrangements for adoption — Local authority having care of child— Applicants seeking parental responsibility order to enable adoption of child abroad— Provision requiring child’s home to be with applicants for ten weeks prior to application— Prospective adopters in USA unable to come to UK for statutory period— Local authority applying for approval of proposal for child to live in USA on extended visit— Whether necessary for statutory period to be spent within jurisdiction— Whether period prescribed for assessment having to occur after child placed for adoption— Whether local authority’s proposal to send child abroad for assessment legitimate— Children Act 1989 (c 41) (as amended by Adoption and Children Act 2002 (c 38), ss 139, 148, Sch 3, para 72), Sch 2, para 19 — Adoption and Children Act 2002 (c 38), ss 42(7), 84

  6 Case(s) considered

  2 Statutes considered

• T v B

  16 Jun 2010 [2010] EWHC 1444 (Fam); [2010] Fam 193; [2010] 3 WLR 1349; [2011] 1 All ER 77; [2010] 2 FLR 1966, Fam D (Moylan J)

  Subsequent citations: 6.
  CHILDREN — Financial provision — Jurisdiction
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  Case index catchwords

  CHILDREN — Financial provision — Jurisdiction — Parties in same-sex relationship but not in civil partnership — Child born to applicant following artificial insemination to which partner had agreed — Partner acquiring parental responsibility on breakdown of relationship with applicant — Applicant seeking order for financial relief against partner for child's benefit — Whether partner “parent” — Whether court having jurisdiction to make order — Children Act 1989 (as amended by Adoption and Children Act 2002, s 139, Sch 3, para 71(a)(i) and Civil Partnership Act 2004, s 78(1)(4)), Sch 1, paras 1, 16(2)

  3 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• In re St Mary’s Churchyard, White Waltham

  14 Jul 2009 [2010] Fam 131; [2010] 3 WLR 1545; [2010] PTSR 274, Const Ct (Bursell QC Ch)

  06 Aug 2009 [2010] Fam 131; [2010] 3 WLR 1545; [2010] PTSR 274, Arches Ct (George QC, Dean of the Arches)

  Subsequent citations: 3.
  ECCLESIASTICAL LAW — Consistory court — Appeal from

  ECCLESIASTICAL LAW — Consistory court — Powers
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  Case index catchwords

  ECCLESIASTICAL LAW — Consistory court — Appeal from — Parties opponent applying to Court of Arches for leave to appeal against grant of interim faculty — Test to be applied for grant of leave to appeal — CPR r 52.3(6) — Faculty Jurisdiction (Appeals) Rules 1998, r 24

  ECCLESIASTICAL LAW — Consistory court — Powers — Petitioner seeking interim faculty to carry out works to preserve planning permission pending final determination of petition — Whether petitioner required to comply with public notice rule — Whether chancellor empowered to grant interim faculty — Care of Churches and Ecclesiastical Jurisdiction Measure 1991, ss 14(5), 15(1) — Faculty Jurisdiction Rules 2000, rr 2(1), 8(3)(b)

  2 Case(s) considered

  1 Statute considered

  3 Statutory Instruments considered

• Ansari v Ansari (Bank of Scotland intervening)

  19 Dec 2008 [2008] EWCA Civ 1456; [2010] Fam 1; [2009] 3 WLR 1092; [2009] 1 FLR 1121, CA (Longmore LJ, Wilson LJ, Lawrence Collins LJ)

  Subsequent citations: 2.
  HUSBAND AND WIFE — Property — Transfer of property
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  Case index catchwords

  HUSBAND AND WIFE — Property — Transfer of property — Wife registering home rights on breakdown of marriage — Husband conveying former matrimonial home intending to defeat wife's claim for financial relief — Purchasers aware of husband's intention — Purchasers granting charge over property in favour of bank — Whether grant of charge “reviewable disposition” — Whether power to make “consequential directions” allowing court to set aside charge not made by respondent to financial proceedings — Whether power to be exercised in absence of bad faith and of notice of party's intention to defeat claim — Whether bank's knowledge of wife's home rights constituting knowledge of husband's intention — Whether charge to be set aside — Matrimonial Causes Act 1973, s 37(2)(3)(4)

  2 Words & Phrases considered

  1 Statute considered
• Proceedings brought by A

  02 Apr 2009 (Case C-523/07); EU:C:2009:225; [2010] Fam 42; [2010] 2 WLR 527; [2009] 2 FLR 1, ECJ (Judge Rosas (President))

  Subsequent considerations : 5 positive; 4 neutral. Subsequent citations: 115.
  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Taking child into care
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  Case index catchwords

  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Taking child into care — Family returning from Sweden to Finland — Family leading peripatetic life on return but applying for social housing in Finland — Children not attending school and taken into care in Finland — Whether children “habitually resident” there — Whether Finnish courts having jurisdiction in matters of parental responsibility — Powers of court not seised of substance of matter to take “provisional, including protective, measures” — Procedure where no court having jurisdiction — Council Regulation (EC) No 2201/2003, arts 8(1), 13, 20(1)

  1 Case considered

  2 Words & Phrases considered

  1 EU Enactment considered

• In re St Mary’s Churchyard, White Waltham (No 2)

  15 Jan 2010 [2010] Fam 146; [2010] 3 WLR 1560; [2010] PTSR 1689, Const Ct

  Subsequent citations: 5.
  ECCLESIASTICAL LAW — Faculty — Churchyard

  ECCLESIASTICAL LAW — Practice — Faculty
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  Case index catchwords

  ECCLESIASTICAL LAW — Faculty — Churchyard — Listed building — Petitioner seeking faculty to construct detached Sunday school building in churchyard adjoining listed church — Considerations applying to grant of faculty for construction of new building detached from listed church — Whether need for Sunday school to be established — Whether court to take costs of building project into account — Extent to which consistory court bound by decision of local planning authority to grant planning permission — Whether faculty to be granted — Ecclesiastical Exemption (Listed Buildings and Conservation Areas) Order 1994, arts 2, 3, 4, 5

  ECCLESIASTICAL LAW — Faculty — Churchyard — Petitioner seeking faculty to erect Sunday school building in churchyard still used for burials — Whether lawful to build in churchyard still used for burials — Disused Burial Grounds Act 1884 (as amended by Statute Law (Repeals) Act 1993, s 1(2), Sch 2, Pt II, para 17), ss 2, 3

  ECCLESIASTICAL LAW — Practice — Faculty — Burden of proof — Petition for faculty to construct Sunday school building in churchyard adjoining listed church — Petition supported by majority of parishioners — Whether presumption faculty to be granted — Appropriate burden of proof

  2 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered
• Detiček v Sgueglia

  23 Dec 2009 (Case C-403/09PPU); [2010] Fam 104; [2010] 3 WLR 1098; [2010] All ER (EC) 313; [2010] 1 FLR 1381, ECJ (Judge Lenaerts (President))

  Subsequent considerations : 1 neutral. Subsequent citations: 23.
  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Orders with respect to children
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  Case index catchwords

  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Orders with respect to children — Court of member state where divorce proceedings initiated giving provisional custody to one parent — Other parent immediately moving with child to another member state — Order of first member state's court declared enforceable in second state — Power of court of member state other than that with substantive jurisdiction in urgent cases to take provisional and protective measures — Subsequent order by court in second state purporting to grant provisional custody to parent in that state on ground of change of child's circumstances — Whether permissible — Council Regulation (EC) No 2201/2003, art 20(1)

  1 Case considered

  1 EU Enactment considered