Notable and Reported Cases

A list of Expatriate Law’s notable cases that deal with significant points of law and are considered to be valuable precedents.

1. M v F (Parental Responsibility of a non-biological father) [2024] EWFC 377 (B) (09 September 2024)
   This case led by Oscar Smith clarified how mistakes on birth certificates should be treated in the context of parental responsibility.
2. G v H (Relocation to Australia: Immigration Issues) [2024] EWFC 230 (B) (24 January 2024) Oscar Smith successfully obtained permission for an autistic child and his mother to relocate from England to Australia, addressing intricate immigration and welfare considerations.
3. S (Children: Parentage and Jurisdiction) [2023] EWCA Civ 897 (27 July 2023) EWCA Civ 897 One of the most complex children cases of 2023, addressing two important questions: the definition of a parent under the Human Fertilisation and Embryology Act, and the extent of English jurisdiction over children residing abroad. The firm was successful, and the judgment is now a leading authority on both issues.
4. Unger & Anor v Ul-Hasan (deceased) & Anor [2023] UKSC 22 (28 June 2023)
   A landmark Supreme Court decision addressing the ability to pursue financial remedy claims after the death of a party, with significant implications for international estates and long-running cross-border financial disputes.
5. AR v BR (Re Divorce, Dissolution and Separation Act 2020 and Domicile and Matrimonial Proceedings Act 1973) [2023] EWFC 76 (13 March 2023)
   A case concerning the interaction between the Divorce, Dissolution and Separation Act 2020 and the Domicile and Matrimonial Proceedings Act 1973 in jurisdictional disputes within divorce proceedings.
6. Jardaneh v Jardaneh [2022] EWFC 201 (28 September 2022) 
7. SA v FA [2022] EWFC 115 (09 September 2022)
   The first case to consider whether England should defer jurisdiction to the Abu Dhabi Civil Family Court on forum conveniens grounds. The decision included detailed examination of the world’s newest family law jurisdiction and the domicile of the parties.
8. GC v AS (No. 2) [2022] EWHC 310 (Fam) (09 February 2022)
   A Court of Appeal matter concerning British children residing in Libya, resulting in an appeal being allowed against a decision of Mostyn J. The judgment considered whether the English courts should extend jurisdiction to British children living in a war zone in Libya, undertaking detailed analysis of the parens patriae doctrine and the scope of the court’s protective jurisdiction.
9. S (Children), Re (Inherent Jurisdiction: Setting Aside Return Order) [2021] EWCA Civ 1223 (13 August 2021)
   A significant decision concerning the circumstances in which the court may set aside a return order under the inherent jurisdiction in international children cases.
10. KMM v NAM (Jurisdiction) [2021] EWHC 2300 (Fam) (13 August 2021) (concerning divorce jurisdiction)
11. XM v XF [2021] EWHC 1279 (Fam) (13 May 2021)  (child arrangement orders made by the English court concerning children residing in Dubai)
12. GC v AS [2021] EWHC 14 (Fam) (11 January 2021)
    A Court of Appeal decision concerning British children residing in Libya, allowing an appeal against a decision made by Mostyn J. The mother can now proceed with her application for the return of the children to England under the parens patriae jurisdiction. The mother’s previous solicitors had failed to raise parens patriae as the jurisdiction basis in their original application.
13. F v M [2020] EWHC 2676 (Fam) (20 July 2020) (concerning relocation of children from the UAE to England)
14. HRH Prince Louis of Luxembourg v HRH Princess Tessy of Luxembourg & anor [2017] EWHC 3095 High Court (Family Division), MacDonald J (Reporting Restrictions – Family Division – Administration of Justice – Article 10 – Article 8)
    High-profile royal divorce.
15. KAC v DJC [2013] EWHC 292 (Fam)
    Family Division, Mostyn J
    David Truex gave expert evidence on Australian visa laws in an abduction/relocation case.
16. Robson v Robson [2010] EWCA Civ 1171
    Big money ancillary relief appeal where husband had inherited substantial wealth and the parties had lived an extravagant lifestyle.
17. M v M [2004] EWHC 688 (Fam) (29 March 2004) 
    Financial Relief: Substantial Earning Capacity
18. Wermuth v Wermuth (No 2) [2003] 1 FLR 1029