The Court granted permission for an Applicant to issue a Petition for Nullity without having to file a marriage certificate in the context of an Islamic marriage. No evidence was heard and the issue of whether the parties believed a valid marriage under English law had taken place was not decided.
The court gave a summary of case law in respect of overseas trust assets before awarding a W the equivalent of £2,957,269 made up of a Housing settlement, pension, Lump sum, her own assets and a new settlement in respect of a charge on the FMH. The Court deviated from the clean break principle stating “Fairness is not to be sacrificed on the altar of finality”. The court warned the Trustees and H that there were sufficient non trust assets to produce the same results by other means and the order was not be be perfected until their stance had been ascertained.
The CA upheld a judgment of Black J where she found on the facts that a child was accomodated with her grandmother pursuant to a placement under s.23 (2) CA 1989 rather than s.23(6). This was relevant to the financial support to which she was entitled. A caution is expressed by the Court however that the case was decided under the law at the time and these provisions have subsequently been amended by CYPA 2008.
The Supreme Court considered the correct approach to calculating beneficial interests in a property where the legal title is held in joint names. The Supreme Court agreed with the original county court judgment holding that Mr Kernott’s share in the property had crystallised in 1995. The decision which was unanimous but with Lord Kerr and Lord Wilson reaching the same result as Lady Hale and Lord Walker (who gave the lead judgment) and Lord Collins but by a different route. The Supreme Court summary can be found here