Mental health Court of Protection. The Court of Protection held that following an assessment of the patient the presumption that the patient had the capacity to marry and engage in sexual relations as defined under the had not been displaced.
Family proceedings Orders in family proceedings. The Court of Appeal, Civil Division, in dismissing the wife's appeal in respect of the construction of a consent order, by which her claim for financial remedy orders against her former husband was compromised, held that the judge had been correct to have rejected the wife's case on construction and to have granted the declaration she had.
Minor Custody. In a case under concerning an application by a mother under the Hague Convention on the Civil Aspects of International Child Abduction 1980 for the summary return of her children from the United Kingdom to Australia, the Family Division held that an agreement of the mother to allow the children to come and live in England with the father for a period of time had necessarily to have imported into it a quality of residence that in the circumstances of the present case, the retention of the children by the father in the jurisdiction beyond the agreed date could not be considered to have been a 'wrongful retention' for the purposes of engaging art 12 of the Hague Convention. On that basis alone, the mother's application for the summary return of the children to Australia would be dismissed.
Divorce Financial provision. The Family Division held in the wife's case for financial remedy that an award of 8.8m was fair having regard to all the relevant factors. In so deciding, it refused to give effect to the wife's submission that she was in fact entitled to an award of 29m.
Practice Pre-trial or post-judgment relief. The Queen's Bench Division allowed the claimants appeal against the strike out of their case in negligence against the local authority on the basis that no claim could be brought in common law against a local authority which was negligent in the performance of its duties towards children living in its area who were at a foreseeable risk of harm. The court held that case law since the meant that such a claim could in principle be brought.
Divorce Financial provision. The Family Division ruled on the wife's application for financial remedies after divorce, in circumstances where the husband already owned before the cohabitation and marriage publicly quoted shares in a company of which he was a co-founder and the chief executive officer. In the exercise of broad judicial discretion, the only fair way to treat the remaining pre-existing shares (and three investment properties) was to treat them as to half as the personal non-matrimonial property of the husband, and as to half as the matrimonial property of the parties to be evenly shared.
Adoption Practice. The Family Division considered two cases, which were heard together as they raised common issues, involving babies born to mothers from Eastern Europe, but relinquished at birth for adoption in the United Kingdom. Among other things, the court considered what jurisdiction the court had to have to make orders facilitating such placements and what factors had to be taken into account when making decisions about relinquished babies, the possible outcomes and the procedures that should be followed.
Family proceedings Fact finding hearing. The Court of Appeal, Civil Division, allowed, in part, an appeal against orders allowing for publicity and media attendance at the re-opening of a fact finding hearing in care proceedings. In circumstances where the re-hearing was in respect of fresh medical evidence, the court ordered that any reference to medical evidence be redacted from the earlier fact finding judgment. Further, tighter requirements were put in place regarding the control of reporting by the media.
Family proceedings Orders in family proceedings. The Family Court, in a fact finding hearing where two families were involved made findings of fact in relation to a non-accidental injury of a child L, in order to determine the future of three infants who were each the subject of care proceedings brought by the local authority. The principal facts which the court was being asked to find concerned the brain injuries sustained by L.
Mental health Court of protection. The Court of Protection approved a care plan proposed by the applicant local health board for the respondent, W, who suffered from anorexia. The plan would allow W to return to her home and her flat from inpatient treatment to attempt to remedy her condition. If the attempt failed, the normal ethical and legal obligation upon the health services to reassess the situation would exist.