Edgerton v Edgerton & Anor [2012] EWCA Civ 181 (24 February 2012)

The CA considered a very unusual course of events in ancillary relief where the question of the interests of a third party had been settled by consent between the Husband and the Third party in an order made in the Chancery division. The court considered the inter-relation of the orders made within the Family and Chancery Division. The CA determined the Chancery Order to be currently binding but made directions for the wife to challenge this and upheld orders freezing the assets in the interim.

S (A Child), Re [2012] UKSC 10 (14 March 2012)

The Supreme Court allowed a Mother’s appeal against an order for the return of a child to Australia in a much anticipated Hague Convention matter. The court held that the Court of Appeal should not have substituted its decision for that of Charles J and that the decision as to the level of risk in respect of the article 13(b) defence was one for the Judge at first instance.