Results: 23

• Mittal v Mittal

  18 Oct 2013 [2013] EWCA Civ 1255; [2014] Fam 102; [2014] 2 WLR 1033; [2014] 1 FLR 1514; [2013] WLR (D) 391, CA

  Subsequent citations: 4.
  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Matrimonial matters
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  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Matrimonial matters — Wife domiciled in India presenting divorce petition in England while husband’s divorce petition still pending in India — Whether English court having jurisdiction to stay wife’s petition — Domicile and Matrimonial Proceedings Act 1973 (as amended by European Communities (Matrimonial Jurisdiction and Judgments) Regulations 2001, regs 3, 4), s 5(6), Sch 1, para 9 — Senior Courts Act 1981, s 49(3) — Council Regulation (EC) No 2201/2003, arts 3, 19

  3 Case(s) considered

  1 EU Enactment considered

  2 Statutes considered

• Bedfordshire Police v U

  26 Jul 2013 [2013] EWHC 2350 (Fam); [2014] Fam 69; [2014] 2 WLR 780; [2014] 1 All ER 1068; [2013] WLR (D) 319; [2014] 1 FLR 286, Fam D (Holman J)

  Subsequent citations: 7.
  CONTEMPT OF COURT — Breach of injunction — Forced marriage protection order

  LAW REFORM — Whether necessary — Forced marriage protection orders
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  CONTEMPT OF COURT — Breach of injunction — Forced marriage protection order — Teenage girl applying for and granted forced marriage protection order in respect of herself — Whether police having standing to apply for committal to prison of persons arrested for breach of order — Family Law Act 1996, s 63C (as inserted by Forced Marriage (Civil Protection) Act 2007, s 1) — Family Law Act 1996 (Forced Marriage) (Relevant Third Party) Order 2009, art 3

  LAW REFORM — Whether necessary — Forced marriage protection orders — Whether necessary for both effectiveness of forced marriage protection orders and their means of enforcement to be improved

• In re O (Court of Protection: Jurisdiction)

  13 Dec 2013 [2013] EWHC 3932 (COP); [2014] Fam 197; [2014] 3 WLR 453; [2013] WLR (D) 495, Ct of Protection

  Subsequent citations: 7.
  MENTAL DISORDER — Court of Protection — Jurisdiction
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  MENTAL DISORDER — Court of Protection — Jurisdiction — Incapacitated adult’s relatives removing her from England to live in Scotland — Whether Court of Protection having jurisdiction in relation to incapacitated adult — Whether incapacitated adult habitually resident in England — Whether court should decline to exercise jurisdiction over incapacitated adult’s property situated in England — Whether forum non conveniens principles applying to decision to decline to exercise jurisdiction — Whether “best interests” principles applying — Mental Capacity Act 2005, s 1(5), Sch 3, para 7 — Court of Protection Rules 2007, r 87

  4 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

  1 Statutory Instrument considered

• In re St Chad’s Churchyard, Bishop’s Tachbrook

  09 Jan 2014 [2014] Fam 118; [2014] 3 WLR 47; [2014] WLR (D) 24, Const Ct (Eyre Ch)

  ECCLESIASTICAL LAW — Faculty — Churchyard
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  ECCLESIASTICAL LAW — Faculty — Churchyard — Proposed use of part of consecrated churchyard for church centre with mixed community and church use — Burials no longer taking place in part of churchyard assigned for building — Whether “burial ground” closed for burials — Whether secular use to be permitted — Whether building permissible in open churchyard where reducing space available for burials — Whether faculty to be granted — Considerations justifying grant of faculty — Disused Burial Grounds Act 1884 (as amended by Statute Law (Repeals) Act 1993, s 1(2), Sch 2, para 17), ss 2, 3

  1 Case considered

  1 Words & Phrases considered

  1 Statute considered
• York City Council v C (CYC v PC)

  01 May 2013 [2013] EWCA Civ 478; [2014] Fam 10; [2014] 2 WLR 1; [2013] WLR (D) 176, CA

  Subsequent considerations : 7 positive; most recently considered: 2021. Subsequent citations: 46.
  MENTAL DISORDER — Capacity — Determination
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  MENTAL DISORDER — Capacity — Determination — Decision to cohabit — Wife with significant learning disabilities marrying husband serving prison sentence for serious sexual offences — Husband released on licence assumed to pose risk to wife if cohabiting — Whether wife having capacity to decide to cohabit — Judge ruling wife lacking capacity to decide but welfare best served by resuming cohabitation within approved scheme of monitoring or support — Whether judge applying correct test for capacity — Whether test for capacity decision-specific — Mental Capacity Act 2005, ss 1–3

  2 Case(s) considered

  1 Statute considered

• In re B (A Child) (Care Proceedings: Jurisdiction)

  13 Nov 2013 [2013] EWCA Civ 1434; [2014] Fam 139; [2014] 2 WLR 1384; [2014] 1 All ER 1045; [2014] 1 FLR 900; [2013] WLR (D) 461; [2014] 1 FCR 87, CA

  Subsequent citations: 3.
  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Orders with respect to children
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  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Orders with respect to children — Care proceedings — Child habitually resident in Sweden visiting England with mentally-ill mother — Care proceedings commenced in England with respect to child — Whether English court having jurisdiction to hear proceedings — Whether declaration that English court having no jurisdiction appropriate — Proper role of European Judicial Network — Council Regulation (EC) No 2201/2003, arts 8(1), 17

  1 EU Enactment considered

• Proceedings brought by Schneider

  03 Oct 2013 (Case C-386/12); EU:C:2013:633; [2014] Fam 80; [2014] 2 WLR 1048; [2013] WLR (D) 366, ECJ

  Subsequent citations: 4.
  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Exclusive jurisdiction

  EUROPEAN UNION — Jurisdiction and recognition and enforcement of judgments in civil and commercial matters — Regulation (EC) No 44/2001
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  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Exclusive jurisdiction — Person under guardianship applying for authorisation to sell immovable property situated in another member state — Whether courts in member state where property situated enjoying exclusive jurisdiction — Whether jurisdiction excluded because concerning “legal capacity of natural persons” — Council Regulation (EC) No 44/2001, arts 1(2)(a), 22(1)

  EUROPEAN UNION — Jurisdiction and recognition and enforcement of judgments in civil and commercial matters — Regulation (EC) No 44/2001 — Scope — Legal capacity of natural persons — Exclusive jurisdiction in matters relating to rights in rem in immovable property — Scope — Non-contentious proceedings concerning the right of a person who has been placed under guardianship and is domiciled in a Member State to dispose of immovable property situated in another Member State

  1 Words & Phrases considered

  1 EU Enactment considered
• L v K (Freezing Orders: Principles and Safeguards) (UL v BK)

  24 Jun 2013 [2013] EWHC 1735 (Fam); [2014] Fam 35; [2014] 2 WLR 914; [2013] CN 976, Fam D (Mostyn J)

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 19.
  HUSBAND AND WIFE — Financial provision — Freezing order

  PRACTICE — Family proceedings — Freezing and search orders
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  HUSBAND AND WIFE — Financial provision — Freezing order — Wife obtaining without notice order freezing husband’s assets — Husband’s confidential information wrongfully accessed by wife for use in proceedings — Wife applying on notice for continuation of freezing order — Principles and safeguards governing applications for freezing orders — Whether same principles applicable in family proceedings as in other civil proceedings — When appropriate for application for freezing order to be made without notice or on short informal notice — Principles governing use of unlawfully obtained documents — Whether abuse of principles likely to result in wasted costs orders — Matrimonial Causes Act 1973, s 37 — Senior Courts Act 1981, s 37

  PRACTICE — Family proceedings — Freezing and search orders — Standard examples of orders promulgated with authority of President of Family Division — Omission of any standard term from draft order to be drawn to judge’s attention

  6 Case(s) considered

  2 Statutes considered

• In re A (A Child) (Adoption: Placement outside Jurisdiction)

  15 Mar 2013 [2013] EWHC 578 (Fam); [2014] Fam 1; [2013] 3 WLR 1454; [2013] 2 FLR 541; [2013] CN 433, Fam D (Pauffley J)

  Subsequent citations: 2.
  ADOPTION — Arrangements for adoption — Placement outside jurisdiction
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  ADOPTION — Arrangements for adoption — Placement outside jurisdiction — Local authority having care of child — Local authority seeking order for child’s temporary removal abroad and placement with prospective adopters prior to Hague Convention adoption application — Necessity for child to remain habitually resident in jurisdiction — Whether permissible to remove child abroad for longer than necessary ten-week statutory period — Children Act 1989, s 105(6) — Adoption and Children Act 2002 (as modified by Adoptions with a Foreign Element Regulations 2005, reg 56), ss 28(2)(b), 42(2) — Care Planning, Placement and Case Review (England) Regulations 2010, reg 12 — Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (1993), art 2

  2 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

  1 International Agreement considered

• In re T (A Child: Art 15, Brussels II Revised)

  13 Mar 2013 [2013] EWHC 521 (Fam); [2013] Fam 253; [2013] 2 WLR 1263; [2013] 2 FLR 909; [2013] CN 428, Fam D (Mostyn J)

  11 Jun 2013 [2013] EWCA Civ 895; [2014] Fam 130; [2014] 2 WLR 1204; [2014] 1 FLR 749, CA

  Subsequent citations: 6.
  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Care proceedings

  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Orders with respect to children

  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Child in care
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  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Care proceedings — Child born in England to Slovakian parents — Mother having absconded from children’s home in Slovakia — English local authority commencing care proceedings in respect of child — Slovakian central authority seeking transfer of proceedings to Slovakia — Whether Council Regulation applying to public law proceedings — Principles applying when court considering whether to request transfer — Scope of “best interests” inquiry — Whether transfer to be requested — Council Regulation (EC) No 2201/2003, arts 13, 15

  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Orders with respect to children — Care proceedings — Child born in England to Slovakian parents — Mother having absconded from children’s home in Slovakia — English local authority commencing care proceedings in respect of child — Slovakian central authority seeking transfer of proceedings to Slovakia — Principles applying when court considering whether to request transfer — Scope of “best interests” inquiry — Whether transfer to be requested — Council Regulation (EC) No 2201/2003, art 15

  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Child in care — Principles applying in public law cases

  8 Case(s) considered

  1 Words & Phrases considered

  2 EU Enactments considered