Latest News

Family

• Re J (children) [2012] EWCA Civ 380 (03 April 2012)
  The CA dismissed an appeal by a LA against a decision that the Threshold Criteria were not crossed in circumstances where a Mother had been included in the pool of perpetrators for serious non-accidental injuires to a previous child. The Mother was now in a new relationship. The Trial Judge has considered herself bound by authority. The CA agreed although criticised the artificial basis on which the case had been put as other adverse findings against the Mother were not considered by the court. The CA noted that there was a pressing need for issues arising from the current interpretation of the case law in this area to be considered by the Supreme Court.
  
  
  
• Lawrence v Gallagher [2012] EWCA Civ 394 (29 March 2012)
  In what appears to be the first substantial appeal considering orders made on the dissolution of a Civil Partnership the CA allowed the appeal of the Respondent in those proceedings in part and reduced the overall award from £1,690,000 to £1,372,000.
  
  
  
• DL v A Local Authority & Ors [2012] EWCA Civ 253 (28 March 2012)
  In a case dealing with elderly parents and their abusive son. The CA upheld the decision of Theis J that the inherant jurisdiction for the protection of adults survived the passing of the MCA 2005. The court therefore had jurisdiction to make declarations and , if necessary, put protective measures into place in relation to vulnerable adults who do not fall within the MCA.
  
  
  
• A v B & Anor [2012] EWCA Civ 285 (14 March 2012)
  The CA allowed the appeal of a Father against a judgment relating to his future contact with his child who lived with the child's two lesbian mothers. The CA did not amend the orders made but provided for the matter to be remitted for the question of the future progression of contact to be more fully considered.
  
  
  
• B v S (Rev 2) [2012] EWHC 265 (Fam) (17 February 2012)
  A Wife was awarded 3.34m in ancillary relief proceedings. The court determining that the sharing principle was applicable notwithstanding the couple having married in Catalonia under a separate property regime.