By Mark Tottenham BL in Abbott J No Comments Tags: Education, Family law
I v. I [2011] IEHC 411
(High Court, Abbott J, 8 July 2011)
High Court, on appeal from Circuit Court, affirms interlocutory order regarding the schooling arrangements of the child of separated parents. (Full text.)
Family law – appeal from Circuit Court – report ordered under s 47, Family Law Act 1995 – schooling arrangements – role of expert in resolving conflict of fact – serious More
By Mark Tottenham BL in Abbott J, Ireland High Court No Comments Tags: Family law
Y G v. N G [2011] IESC 40 (19 October 2011)
Supreme Court (Denham C J, nem diss) allows appeal from High Court (Abbott J) and remits family law matter to High Court to reconsider the issue of proper provision for former spouse. (Full text.)
Family law – appeal from High Court – divorce – earlier separation agreement – “full and final settlement” clause – changes in fortunes of former spouses – High Court order directing, inter alia, payment of €600,000 to former wife, €300,000 to pension fund and €1 million for More
By Mark Tottenham BL in Abbott J No Comments Tags: Adverse possession, Limitation of actions
Dolan v. Reynolds [2011] IEHC 334 (11 February 2011)
High Court (Abbott J) holds that defendant had not established title to his late father’s property by way of adverse possession, and grants administrator possession of same. (Full text.)
Claim for possession of deceased’s property – adverse possession – death intestate in 1980 – failure to execute deed of assent – possession of next-of-kin – estoppel – claim for mesne rates – delay – “he who seeks equity must do equity” – whether defendant in possession adverse to his mother or other family members – applicability of delay to cases governed by Statute of Limitations – compensation for work done to property.
Gleeson v. Feehan [1993] 2 I.R. 113
Gleeson v. Feehan [1997] 1 ILRM 522
Re King’s Will Trusts [1964] Ch 542
Mohan v. Roche [1991] 1 IR 560
Gillet v. Holt [2001] Ch 210
Re Basham [1986] 1 W.L.R. 1498
ÓDomhnaill v. Merrick [1984] I.R. 151
Toale v. Dignan (No.2) [1991] ILRM 140
Cheese v. Thomas
By Mark Tottenham BL in Abbott J No Comments Tags: Family law, Practice and procedure
U v. U [2011] IEHC 228 (2 June 2011)
High Court (Abbott J) refuses to admit financial evidence in family law proceedings, where husband in breach of disclosure obligations to the court, but refuses to commit husband for contempt. (Full text.)
Family law – proceedings to have husband committed for contempt – application to dismiss committal proceedings – claim of legal professional privilege over documents – non-disclosure by husband – whether lack of disclosure might bar claimant from relief – misconduct in litigation – lack of good faith with court – abuse of process – power to dismiss application in limine – whether husband might call accountant to give evidence without notice to wife, and without providing adequate disclosure – requirement that husband organises business affairs in such a way that court is provided with relevant financial information.
A.K. v. J.K. [2008] IEHC 341
L.E. v. U.F. High Court, Irvine J, 10th June, 2009
O’Riordan v. Ireland (No.5) (O’Caoimh J.) [2001] 4 I.R. 463
D.K. v. A.K. (Costello J.) [1993] ILRM 710
By Mark Tottenham BL in Abbott J No Comments Tags: Family law
LE v. UF [2011] IEHC 229 (15 April 2011)
High Court (Abbott J) adjourns motion to dismiss application to vary maintenance, and makes orders that husband make wide disclosure of financial information to wife. (Full text.)
Family law – variation of maintenance order – s 22, Family Law (Divorce) Act 1996 – application to dismiss on grounds of failure to make full disclosure, previous contempt of court and abuse of process – whether abuse of process for person in contempt of court to pursue further relief – inferences drawn from failure to make disclosure – power of court to dismiss in limine.
Mubarak v. Mubarak [2004] 2 FLR 932
Arab Monetary Fund v. Hashim 21st March 1997
Hadkinson v. Hadkinson [1952] FLR 287
C v. C [1994] 2 FLR 272
B v. B [1988] 2 FLR 491
P v. P [1994] 2 FLR 381
Y v. Y [1997] 3 FAM.L.J 86
Baker v. Baker [1995] 2 FLR 827
O’Riordan v. Ireland (No. 5) (O’Caoimh J.) [2001] 4 I.R. 463
D.K. v. A.K.(Costello J.) [1993] ILRM 710
A.K. v. J.K. [2008] IEHC 341
By Mark Tottenham BL in Abbott J 1 Comment Tags: Family law
NF v. EF [2008] IEHC 471 (Abbott J, 19 December 2008)
High Court varies provision of earlier order in divorce proceedings, arising from fall in property values and change in circumstances. (Full text.)
Family law – execution of court order – prior order that house be sold at reserve of €600,000 – fall in property values – deterioration of health of wife – jurisdiction to adjourn or stay elements of order – alternative provision – change in circumstances.
F. v F. [2007] IEHC 317
A. K. v. J. K. (Unreported, High Court, Abbott J., 31st October, 2008)
Thwaite v. Thwaite [1982] 1 Fam
By Mark Tottenham BL in Abbott J No Comments Tags: Family law
SD v. BD [2007] IEHC 492 (Abbott J, 30 July 2007)
High Court grants divorce and makes ancillary orders in “ample resources” family law proceedings, varying terms of prior deed of separation. (Full text.)
Divorce – 1985 deed of separation – whether deed dealt with matters arising from breakdown of marriage – whether husband obliged to continue paying maintenance after wife entered new relationship – evidence of wife’s alleged partner in court – costs of lengthy and expensive family law proceedings.
Shelley-Morris v. Bus Átha Cliath S.C. No. 357 of 2001
K. v. K. [2003] 1 I.R. 326
McFarlane v. McFarlane [2006] UKHL 24
By Mark Tottenham BL in Abbott J 1 Comment Tags: Family law, Practice and procedure
GS v. PS [2011] IEHC 122 (Abbott J, 25 March 2011)
High Court dismisses appeal from orders of Circuit Court in family law proceedings. (Full text.)
Family law – appeal from Circuit Court – judicial separation – orders of attachment and committal – delay in prosecuting appeal – withholding access of husband to child – delay and oppressive conduct – failure of party living outside Ireland to take steps to be represented in court – interference with integrity of section 47 process.
Primor v. Stoke Kennedy Crowley [1996] 2 I.R. 475
By Mark Tottenham BL in Abbott J No Comments Tags: Custody and access, Family law
WD. -v- SD. [2011] IEHC 120 (Abbott J, 1 March 2011)
High Court makes orders relating to the custody of and access to the children of a divorced couple. (Full text.)
Divorce – custody, care and control of children – section 47 report on welfare of children – Guardianship of Infants Act 1964 – section 25, 1964 Act.
WD. -v- SD [2009] IEHC 579
By Mark Tottenham BL in Abbott J No Comments Tags: Family law
S. -v- S. [2010] IEHC 474 (Abbott J, 12 July 2010)
High Court directs that provision be made by husband to estranged wife in the sum of €400 per month for each child, €50,000 per year spousal maintenance and 50% of the proceeds of sale of the family home, together with ancillary orders. (Click here for full text of judgment.)
Family law – judicial separation – section 16(2) of the Family Law Act 1995 – criteria for deciding the provision to be made for wife.