A County Council v K and others [2011] All ER D – the independence of guardians

In this care case the court objected to and intervened in an attempt by CAFCASS to unilaterally decide to de-appoint a guardian. The court also raised concerns about a joint approach to the court by CAFCASS and the local authority to ask the court to reconsider an earlier decision not to remove a child into [...]

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Relocation Relocation

 The last year has seen considerable debate surrounding the English Courts’ approach to leave to remove applications.  The law, as it stands, was set out by the Court of Appeal in Payne v Payne [2001] 2 WLR 1826.  In a nutshell, Payne provides that if the relocating parent has a feasible plan and a genuine motive [...]

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ETK v News Group Newspapers Ltd Times 22 April 2011

The recent spate of cases involving privacy injunctions and so-called “ super injunctions” has caused a flurry of responses ranging from the indignant to the holier than thou. All social commentators appear to have a view on the subject and indeed even the Prime Minister has felt the need to comment on what is – by [...]

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A DISTINCTION WITHOUT A DIFFERENCE?

  The recent Supreme Court judgment in Re W (Children) [2010] UKSC 12, reformulated the Court’s approach to determining whether a child should give live oral evidence in family proceedings. In short, the Supreme Court removed the existing (and rarely rebutted) presumption that, other than in exceptional circumstances, the potential damage to the child is [...]

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ETK v News Group Newspapers – the right to privacy

Its been two years since accredited journalists were allowed to attend thousands of divorce and custody hearings, and cases about children in care, previously been held behind closed doors. Many clients are understandably anxious about the proceedings being officially open to the public – although the reality is that journalists rarely want to attend a [...]

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From Russia with love, or not

A Russian student has been awarded £2.8 million in a divorce settlement after an 18 month marriage. Elena Golubovich a 27-year-old fashion student married Ilva Golubovich, an international financier in August 2007. The couple, from rich Russian families, separated in July 2009 but not before they managed to spend £2million during the course of their marriage, which also [...]

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Whaley v Whaley, Round 2. One for the girls?

Millionaire Athelstan Whaley appeared before the Court of Appeal last Wednesday in an attempt to overturn Mrs Justice Baron’s order made last year requiring him to transfer to his former wife Belinda two properties in Kent and to pay her a lump sum of £3 million. Athelstan’s basic presentation is that complying with the order will render [...]

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