Summary

Summary Full Case List for Family Law Topics

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Module
Family Law

Institution
SOAS , University Of London (SOAS)

This case list literally got me a first class in my open-book exam because it saved me so much time finding cases and referencing multiple cases for each topic. The case list includes the full case names including the year and case codes. And a summary of the facts and a summary of what was held...

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Uploaded on September 17, 2023
Number of pages 13
Written in 2022/2023
Type Summary

case list
family law
summary of cases
full case names
llb law
divorce
marriage and nullity
domestic abuse
cohabitation
legal
undergraduate
soas university
term 1
financial consequences of divorce

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INTRO TO FAMILY LAW
Case name Facts Held
Fitzpatrick v. Sterling The case concerned whether a male The House of Lords held that it was
Housing Association HL: tenant, Mr. Fitzpatrick, could be unlawful discrimination on the grounds
(2000) 1 FCR 21 evicted from his housing association of sex to evict Mr. Fitzpatrick in these
property for unpaid rent, when his circumstances, as it amounted to
rent arrears were directly caused by indirect discrimination against women.
discrimination he suffered as a victim The ruling established the principle that
of domestic violence. discriminatory treatment of men can be
challenged under sex discrimination law
where the discrimination arises from a
stereotype or assumption about
women's role in society.
Ghaidan v. Godin- The case concerned whether the The House of Lords held that the denial
Mendoza [2003] 1 FLR surviving partner of a same-sex of succession rights to same-sex
468 couple had the right to succeed to partners under the Rent Act 1977 was
their tenancy of a rent-controlled incompatible with the right to respect
flat, in the same way as a surviving for private and family life under Article 8
spouse or civil partner of an of the European Convention on Human
opposite-sex couple would. Rights.
This was the first case in which the
House of Lords used the interpretive
technique of reading down legislation to
ensure compatibility with human rights.
The ruling had far-reaching implications
for the legal recognition of same-sex
relationships in the UK.
Cultural diversity The case concerned a couple, The court held that the child's welfare
expressed in family law: referred to as AI and MT, who had a required the recognition of both men as
AI and MT (2013) EWHC child born through surrogacy in India. legal parents, and that the Human
100 (Fam) The intended parents were both Fertilisation and Embryology Act 2008,
men, and only one of them was which restricted parental orders to
biologically related to the child. The opposite-sex couples, was incompatible
case focused on the issue of legal with the European Convention on
parentage, as the couple were Human Rights. The ruling paved the way
unable to obtain a parental order for legal recognition of same-sex
because of their same-sex parents in surrogacy cases in the UK.
relationship.
Re G (2012) EWCA Civ The case concerned the issue of The Court of Appeal held that the
1233 contact between a father and his father's lack of commitment to his
daughter, who had been placed for daughter's welfare, combined with the
adoption at a young age. The father delay in making the application for
had a history of substance abuse and contact, meant that contact would not
criminal behaviour, and had not been be in the child's best interests. The
involved in his daughter's life for ruling confirmed that the welfare of the
several years. The court had to child is always the court's primary
balance the father's right to family consideration in cases involving contact
life under Article 8 of the European and adoption.
Convention on Human Rights with
the child's welfare, which was the
paramount consideration.

, Akhter v Khan (2018) The case concerned the legal The court held that the marriage was a
EWFC 54 recognition of an Islamic nikah void marriage under English law, as it
marriage, which is not currently did not comply with the formalities
recognised as a valid marriage under required for a legally recognised
English law. The couple had marriage. However, the court also held
undergone an Islamic marriage that the wife was entitled to a decree of
ceremony in the UK, but had not nullity, as the couple had entered into
obtained a civil marriage certificate. the marriage with the intention of it
The wife sought a declaration of being a valid marriage under English
nullity of the marriage on the basis law. The ruling highlighted the need for
that it was not valid under English legal recognition of religious marriages
law, while the husband argued that it in the UK, and sparked a debate about
was a valid marriage under Islamic the need for reform of marriage law.
law.
R (Rights of Women) v The case concerned the law The court held that the requirement for
The Lord Chancellor and governing access to legal aid in family victims of domestic violence to provide
Secretary of State for law cases. The Legal Aid, Sentencing specific forms of evidence in order to
Justice (2016) EWCA CIV and Punishment of Offenders Act qualify for legal aid was unlawful, as it
91. 2012 had restricted legal aid for most placed an unjustifiable burden on the
family law cases, including cases victim and failed to address the reality
involving victims of domestic of domestic abuse. The ruling meant
violence, unless certain criteria were that victims of domestic violence could
met. access legal aid more easily, without
having to provide specific forms of
evidence.
The Impact of Legal Aid A child, referred to as H, who had The court granted the order, holding
Cuts and Objections to been born with a rare genetic that the welfare of the child was the
LASPO. condition that meant he required paramount consideration and that the
Human Rights concerns round-the-clock care. The child's risk to the child's life outweighed the
& marginalizing the parents, who were both Jehovah's parents' right to exercise their religious
vulnerable: Witnesses, refused to consent to a beliefs. The ruling confirmed that the
life-saving blood transfusion for H, courts have the power to overrule
Re H (2014) EWFC B127 which was necessary to treat a parental consent in order to protect the
medical emergency. The hospital welfare of a child, even where the
treating H sought a court order to parents' beliefs are religiously
allow the transfusion to proceed, motivated.
arguing that it was in the child's best
interests.
Re K (2015) EWCA Civ A child, referred to as K, who had The court held that the mother's
543 been removed from his mother's progress was not sufficient to justify the
care due to concerns about her return of K to her care, as there
mental health and substance abuse. remained a risk of harm to the child.
K was placed in foster care, and the The court also held that the decision to
local authority sought to place him place K for adoption was proportionate
for adoption. The mother sought the and in the child's best interests.
return of K to her care, arguing that
she had made significant progress in
addressing her issues.
Re D (Non- Availability of The case concerned a mother who The court held that the mother's right
Legal Aid) (no.2) (2015) had been denied legal aid to to a fair trial had been breached, as the
EWFC 2 challenge the adoption of her child. lack of legal aid had prevented her from
The mother argued that the lack of effectively participating in the
legal aid had breached her right to a proceedings and presenting her case.
fair trial under Article 6 of the The court also held that the child's right

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