Family Law Hub

Roult v North-West Strategic Health Authority [2009] EWCA Civ 444

Judgment, published: 31/12/2009

Items referring to this

  • Application by the H for permission to appeal decisions which (i) refused H's application for permission to appeal out of time against an ancillary relief order dated 26 May 2006; and (ii) refused H's application to set aside that order on grounds of material non-disclosure. Application refused. Judgment, 08/08/2013, free
  • Judgment from the President concerning whether it was open for a wife to apply to set aside an order for reasons of non-disclosure or whether she was required to appeal as per FPR PD30A. He concludes that the relevant part of PD30A is ultra vires so the wife can proceed without court permission. Judgment, 17/04/2015, free
  • Judgment, 03/02/2013, free
  • Mother's appeal against an order which ordered that the children be returned to the UK from Poland was refused. Judgment, 09/02/2018, free
  • In brief: Following the making of an order returning the child to Spain from England, the mother’s (“M”) mental health rapidly deteriorated. She successfully applied to the High Court to have the order set aside and a re-hearing listed following a psychiatric assessment. The Court of Appeal upheld the set aside, concluding that the High Court has the power under the inherent jurisdiction to review and set aside 1980 Hague Convention final orders. The power can be used where there has been a fundamental change of circumstances which undermines the basis on which the original order was made. Here the original return order had been made where the court found that M had not made out her Article 13(b) defence which included M’s claims that there were grave risks to her mental health. Judgment, 16/08/2018, free

Published: 31/12/2009

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