A Review of Recent Case Law
Mary O'Toole, SC
This section of the seminar will highlight case law of concern to practitioners across a wide range of family law topics.
Judgments of the Court of Appeal
Family law practitioners need to be aware of the judgments being handed down by the Court of Appeal. The Court has set out its views on how the factors in Section 16 of the 1995 Act are to be applied and the correct approach to deal with allegations of litigation and financial misconduct. In addition, the Court has looked at when conduct can be taken into account in granting relief. They have also considered circumstances where there has been a previous decree of judicial separation and what the correct approach to making provision on divorce is in those circumstances.
Judgments of the Court of Justice of the European Union
There have been recent developments in the Court of Justice of the European Union in interpreting the provisions of Brussels II bis, and the practical application of same. The seminar will analyse recent decisions of the Court on issues such as which Court is first seized for the purposes of Brussels II bis. The seminar will also look at the recent jurisprudence of the Court on Article 15 transfers pursuant to Brussels II bis.
Judgments of the Supreme Court
The Supreme Court have recently heard appeals in connection with a number of family law related topics. Judgment is awaited from the Supreme Court in a case concerning whether a habeas corpus application lies from a decision of the District Court under the Child Care Act 1991. The Supreme Court is also about to hear a case concerning polygamous marriages, and whether same can be recognised in Ireland. Hopefully, that judgment will be available in time for the conference. In addition, the Court has recently considered Isaac Wunder Orders in the family law context.
Judgments of the High Court
The seminar will look at recent High Court decisions such as that concerning a dispute between spouses who are owners of a farm, the issue of varying post nuptial settlements, and how to deal with provision on divorce where the judicial separation application was settled, but was impossible to implement because of the loss of value of property.
The seminar will also highlight a number of recent cases of interest concerning children in care, and children in secure care.