Latest updates
- Four applications were before the court: to commit the wife for breach of a non-molestation order; to commit her for breach of an order made on 5 October 2017; for an order for sale of the wife's house; and (from the wife) to discharge the previous orders made against her. Lieven J reached the conclusion that the wife's allegations against the husband were without foundation and that she had been pursuing a "cruel and destructive" campaign against him. However, committing her once again to prison would not achieve anything. Lieven J did make the order for sale sought. A representative of the Press Association raised a concern regarding section 1 of the Sexual Offences Amendment Act 1992. Lieven J decided that where an alleged victim's identity was already in the public domain, the prohibition in section 1 could only take effect to the degree that it had any operative effect. She anonymised the judgment to the extent of calling the parties' children J and B. Judgment, 08/08/2020, free
- In proceedings for the enforcement of an ancillary relief award, the wife had made an application for disclosure by the tenth respondent, her son, to whom she claimed monetary assets had been transferred by the husband, and the son had applied for disclosure of her funding arrangements and various documents upon which she relied. Knowles J concluded that the son's counterclaim should be struck out. He had no entitlement to seek any relief in respect of the wife's funding arrangements and had failed to demonstrate that there were legally recognisable grounds for challenging their legality. It was decided that the son should disclose documents containing receipts of $100,000 or more, and various other requests were also to be answered. As to the son's application for disclosure, it did not breach Article 6 for the wife to hold on to irrelevant documents. The son had no need to see documents which the wife's solicitors were satisfied did not contain any personal or financial information relating to him. The son also made an application, unsupported by any witness statement, for a reporting restriction order, with the goal of preventing his personal finances from being made public. The case had generated a good deal of media interest. Knowles J decided that the draft order as it stood would inhibit responsible reporting of the proceedings, but he was persuaded that there should be an order to prevent the son's address and other personal information being included in reports. Judgment, 13/06/2020, free
- The father was HH Sheikh Mohammed bin Rashid al Maktoum, Ruler of the Emirate of Dubai and Vice-President and Prime Minister of the United Arab Emirates. The mother was Princess Haya bint Al Hussein, a daughter of the late King Hussein of Jordan. The two children had come to this country with their mother in 2019, and arrangements for contact with the father were being considered. Upon the application of a number of media organisations, the President of the Family Division, Sir Andrew McFarlane, had decided that three judgments in the case should be made public. These included findings of fact that the father had on three occasions ordered and orchestrated the unlawful abduction and forcible return of two of his other children, involving on one occasion an assault at sea by armed commandos. The father had not appealed against the fact-finding judgment, but appealed against the President's decision to lift reporting restrictions. The Court of Appeal (Underhill, Bean and King LJJ) dismissed the appeal. Judgment, 06/03/2020, free
- The mother having removed the daughter from Australia and gone to ground in the Outer Hebrides, MacDonald J ruled that it was a blatant and premeditated act of child abduction. He found that her evidence showed a marked tendency towards hyperbole and exaggeration, and she had not succeeded in bringing the case within the exception in Art 13(b) of the Hague Convention 1980. He ordered the summary return of the child to the father. The court had previously allowed publicity of the case to assist in locating the child, and so he did not require this judgment to be published in an anonymised form. Judgment, 28/05/2019, free
- The President of the Family Division, Sir Andrew McFarlane, has released draft guidance for consultation on reporting in the Family Courts. News, 09/05/2019, free
Latest know-how
- In a tweet: Names of the respondents made public in an attempt to shame them into returning children who had been removed from the jurisdiction in breach of a shared live with order. Case note, 04/11/2019, members only
- Application for a reporting restriction order on the previous financial remedy proceedings. Case note, 06/08/2018, members only
- In a tweet: FR judgment was to be published un-anonymised where H's conduct had been dishonest Case note, 11/04/2018, members only
- High Court prevents W from making public bare terms of her open financial offer to H Case note, 19/01/2018, members only
- In a tweet: High profile footballer successfully obtains unopposed reporting restriction order Case note, 11/05/2017, members only
Latest training
- Webcast, 05/11/2012, members only
Latest sources
- Use this form to ask the President of the Family Division to authorise individuals working for the named charity to attend and report on family proceedings. Form (external), 01/10/2018, free
- Use this form if you have authority to attend and report on a family proceedings hearing. A form is needed for each hearing you attend. Form (external), 01/10/2018, free