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2009 Judgments

Judgments published on the site in 2009 are listed below

• (1) A v LB of Croydon & Secretary of State for Home Department (Interested Party); (2) WK v Secretary of State for Home Department & Kent CC [2009] EWHC 939 (Admin)
  Judgments (14/05/2009)
  Judgment given to provide guidance on how local authorities and the Secretary of State for the Home Office should respond when presented with a paediatrician’s report that their age assessment, for the purposes of providing asylum or housing assistance, is wrong.
• A & M (R, on the application of) v London Borough of Croydon and London Borough of Lambeth [2008] EWCA Civ 1445
  Judgments (08/01/2009)
  Appeals against rulings regarding age assessments by two London boroughs with regards to two separate applicants and whether Articles 6 & 8 were engaged. Appeals dismissed.
• A (A Child) [2009] EWCA Civ 41
  Judgments (06/02/2009)
  Appeal by local authority against refusal to i) approve proposal to allow a child to live with prospective adoptive parents in the US for the purposes of assessment and ii) make a declaration that there was no legal bar for taking that period in the US into account for he purpose of s84(4) of the Adoption and Children Act 2002. Appeal allowed.
• A (A Child), Re [2009] EWHC 865 (Fam)
  Judgments (14/05/2009)
  Appeal by local authority against an order in care proceedings where was alleged that the FPC had interfered with the local authority’s decision making in relation to parental responsibility. Appeal dismissed.
• A (Children) [2009] EWCA Civ 1141
  Judgments (04/11/2009)
  Appeal by mother as primary carer against order transferring residence of three children to their father. Appeal allowed.
• A (Children) [2009] EWCA Civ 676
  Judgments (24/07/2009)
  Application by wife for permission to appeal, out of time, an order in ancillary relief proceedings for a transfer of property. Application refused.
• A (R on the application of) v Coventry City Council [2009] EWHC 34 (Admin)
  Judgments (30/01/2009)
  Judgment arising from judicial review proceedings concerning a local authority’s decision that the claimant had been accommodated under a private fostering arrangement and was not eligible for continuing financial assistance.
• A Local Authority v A mother & Ors [2009] EWHC 1574 (Fam)
  Judgments (16/07/2009)
  Judgment concerning disclosure in care proceedings where the respondent claimed that information revealed to a social worker could endanger her safety. The judge rules that the information can be disclosed.
• A Local Authority v M & M (by their guardian) & Ors [2009] EWHC 3172 (Fam)
  Judgments (11/12/2009)
  Application by mother and guardian in care proceedings to discharge father from the proceedings in a case where the father does not know the whereabouts of the mother and the children. Application allowed.
• A Minor (Family Proceedings: Electronic Tagging), Re [2009] EWHC 710 (Fam)
  Judgments (14/04/2009)
  Judgment concerning the use of electronic tagging to allow contact where the mother has twice wrongfully removed the child to her country of origin. Contains specimen order.
• AAA v ASH [2009] EWHC 636 (Fam)
  Judgments (25/06/2009)
  Judgment concerning whether a father had custody rights under the Hague Convention for the purposes of determining whether to order summary return of a child.
• AB v Nugent Care Society: GR v Wirral Metropolitan Borough Council [2009] EWCA Civ 827
  Judgments (07/08/2009)
  Appeals and cross-appeals concerning application of ss 14 & 33 of the Limitation Act in two separate actions where there are allegations of sexual abuse at children’s homes.
• Agbaje v Agbaje [2009] EWCA Civ 1
  Judgments (23/01/2009)
  Appeal by husband against an order for financial relief made under Part III of the Matrimonial and Family Proceedings Act 1984. Appeal allowed.
• Ansari v Ansari & Ors [2008] EWCA Civ 1456
  Judgments (11/01/2009)
  Appeal by wife against a previous appeal overturning the setting aside of a charge on her matrimonial home after her husband left the home and sold it to another couple. Appeal dismissed.
• ASB & KBS v MQS [2009] EWHC 2491 (Fam)
  Judgments (15/10/2009)
  Judgment arising from adoption proceedings where a resident Pakistani couple were seeking to adopt one of the wife’s brother’s sons. Application allowed.
• AW (A Child) (R, on the application of) v London Borough of Croydon [2009] EWHC 3090 (Admin)
  Judgments (10/12/2009)
  Claim seeking judicial review of an age assessment decision for the purposes of determining the applicant's eligibility for support from the local authority under the Children Act. Claim dismissed.
• B & H (Children) [2009] EWCA Civ 228
  Judgments (26/03/2009)
  Application for permission to appeal findings of fact in care proceedings brought by a social services team manager after allegations were made about her working practices in the course of the proceedings. Application refused.
• B (A Child) [2008] EWCA Civ 1547
  Judgments (30/01/2009)
  Appeal by local authority against findings of fact in care proceedings. Appeal allowed.
• B (A Child) [2009] EWCA Civ 1243
  Judgments (26/11/2009)
  Application for permission to appeal, with appeal to follow, refusal to adjourn care proceedings so an intervenor could prepare their case properly. Application and appeal allowed.
• B (A Child) [2009] EWCA Civ 1254
  Judgments (26/11/2009)
  Application by guardian and local authority for permission to appeal, with appeal to follow, a decision to make an interim supervision order rather than an interim care order. Appeal allowed.
• B (A Child) [2009] EWCA Civ 545
  Judgments (15/06/2009)
  Appeal by grandmother of decision by circuit judge to overturn residence order, made in the FPC, in her favour for one in favour of the father. Appeal dismissed.
• B (A Child) [2009] UKSC 5
  Judgments (20/11/2009)
  Appeal by maternal grandmother against decision to transfer residence of her grandchild, who had lived with her since birth, to the child’s biological father. Appeal allowed.
• B v I Case No: FD09F05012
  Judgments (21/12/2009)
  Judgment arising from an application to find that a marriage conducted in Bangladesh was not capable of being recognised in the United Kingdom. A declaration in these terms was made.
• B-M (Children) [2009] EWCA Civ 205
  Judgments (19/03/2009)
  Application, by father, for permission to appeal care orders and other orders, partly on the grounds that the children should be placed with parents of a similar cultural background. Application refused.
• Baker v Rowe [2009] EWCA Civ 1162
  Judgments (12/11/2009)
  Application, by intervenor in ancillary relief proceedings, for permission to appeal costs order with appeal to follow. Application allowed but appeal dismissed.
• Barry (R, on the application of) v Birmingham Magistrates Court [2009] EWHC 2571 (Admin)
  Judgments (23/10/2009)
  Application for judicial review of refusal of district judge to issue a summons in a private prosecution under the Protection from Harassment Act. Application granted and matter sent for reconsideration.
• Blooman v Blooman [2009] EWCA Civ 109
  Judgments (05/03/2009)
  Application for permission to appeal orders in ancillary relief proceedings primarily on the basis that an agreement had not been reached at an FDR. Application refused.
• Bokor-Ingram v Bokor-Ingram [2009] EWCA Civ 412
  Judgments (26/05/2009)
  Judgment in ancillary relief proceedings arising from a refusal of permission to appeal where the wife was seeking to set aside a consent order because of the husband’s non-disclosure.
• Brisset v Brissett [2009] EWCA Civ 679
  Judgments (14/07/2009)
  Second appeal by husband against an order in ancillary relief proceedings which he claimed included an element of double counting. Appeal allowed.
• Brittain v Haghigat [2009] EWHC 934 (Ch)
  Judgments (10/05/2009)
  Application for a rehearing in bankruptcy proceedings where the applicant claimed that the judge had been “tricked” into error when making orders concerning the matrimonial home. Application refused.
• Burgess v Stokes [2009] EWCA Civ 548
  Judgments (19/06/2009)
  Appeal by mother against committal order arising from contact proceedings. Appeal allowed.
• Bury MBC v D [2009] EWHC 446 (Fam)
  Judgments (24/03/2009)
  Judgment concerning whether a local authority’s plan to remove a child from its mother immediately at birth without informing the mother of their intentions was lawful. A declaration that their actions were lawful was granted.
• C (A Child) [2009] EWCA Civ 674
  Judgments (24/07/2009)
  Application by mother for permission to appeal, with appeal to follow, refusal of application for unsupervised contact and imposition of a s91(14) order. Appeal allowed in part with the s 91(14) order set aside.
• C (A Child) [2009] EWCA Civ 72
  Judgments (20/02/2009)
  Appeal by guardian against decision to place a child with his paternal grandmother rather than for adoption. Appeal dismissed.
• C (A Child) [2009] EWCA Civ 955
  Judgments (17/09/2009)
  Application by mother for permission to appeal, with appeal to follow, decision to discharge a care order against her 15 year old son. Application granted; appeal dismissed.
• C (Children) [2009] EWCA Civ 959
  Judgments (17/09/2009)
  Appeal by mother against against a care order and related contact provisions concerning her two children. Appeal dismissed.
• C v C & Ors [2009] EWHC 1491 (Fam)
  Judgments (14/07/2009)
  Judgment in ancillary relief proceedings to determine whether an interest in a trust fund was a “financial resource” that could be included in the settlement.
• Cart (R on the application of) v Child Maintenance Enforcement Commission 2009 EWHC 3052 (Admin)
  Judgments (11/12/2009)
  A preliminary issue as to whether the judicial review jurisdiction of the High Court extended to decisions of the Upper Tribunal concerning the decision of the UT to refuse permission to appeal to itself, against a decision of the First-tier Tribunal (“FTT”) relating to child maintenance payable by the claimant. Application dismissed.
• Child X (Residence and Contact – Rights of media attendance – FPR Rule 10.28(4))
  Judgments (15/07/2009)
  Judgment concerning media access to residence and contact proceedings involving celebrities. The existing order excluding the media was upheld.
• Chopra v Bindra [2009] EWCA Civ 203
  Judgments (26/03/2009)
  Appeal against a finding that a husband’s sister was entitled to the proceeds of sale of the matrimonial home. Appeal dismissed.
• CN v RN & Ors [2009] EWHC 640 (Fam)
  Judgments (14/04/2009)
  Judgment arising from contact and wrongful removal of a child where the defendant mother was found to be in contempt of court and a writ of sequestration was issued.
• Collins (R on the application of) v Knowlsey Metropolitan Borough Council 2008 EWHC 2551 (Admin)
  Judgments (05/03/2009)
  Application for judicial review of decision that the claimant was not a “looked after child” under s22(1) of the Children Act 1989 and that her carer was due fostering allowances. Application successful.
• D (Children) [2009] EWCA Civ 472
  Judgments (06/06/2009)
  Appeal by father against findings of fact in care proceedings also involving consideration of the proper approach to fact finding hearing following Re B [2008] UKHL35. Appeal allowed.
• D v Buckinghamshire County Council [2008] EWCA Civ 1372
  Judgments (04/01/2009)
  Appeal against findings that the claimant posed a risk to young children and an order authorising disclosure to other bodies or agencies. The second part of the appeal was allowed on limited grounds.
• De L v H 2009 EWHC 3074 (Fam)
  Judgments (13/12/2009)
  Hague Convention application by Portuguese mother for return of 13 and a half year old son. The President refused the application.
• DS v RS [2009] EWHC 1594 (Fam)
  Judgments (12/07/2009)
  Application in residence proceedings concerning the mother's desire to go to India with her son for a family wedding. Leave was granted.
• E (A Child) [2009] EWCA Civ 1103
  Judgments (23/10/2009)
  Application for permission to appeal, with appeal to follow, decision to return a child to Spain under Hague Convention proceedings on the ground that return would be intolerable. Application refused.
• E (A Child) [2009] EWCA Civ 1238
  Judgments (26/11/2009)
  Application by father for permission to appeal, with appeal to follow, refusal of leave to appeal and related directions in disputed contact proceedings. Application and appeal allowed.
• Ella v Ella [2008] EWHC 3258 (Ch)
  Judgments (26/06/2009)
  Application to annul a bankruptcy order so as to free up progress of ancillary relief proceedings. Application successful.
• Equity Solicitors v Javid [2009] EWCA Civ 535
  Judgments (21/06/2009)
  Appeal by firm of solicitors against wasted costs order arising from divorce proceedings. Appeal allowed.
• EW & BW v Nottinghamshire County Council [2009] EWHC 915 (Admin)
  Judgments (10/05/2009)
  Application for judicial review arising from alleged failure of a local authority to provide properly drafted core assessments of children in need. Application refused.
• F & L v A Local Authority & Anor [2009] EWHC 140 (Fam)
  Judgments (01/07/2009)
  Judgment concerning medical evidence in applications by parents for residence and a stay of adoption proceedings.
• F (A Child) [2009] EWCA Civ 313
  Judgments (26/04/2009)
  Appeal by mother against order, in contact and shared residence proceedings, that her children should be returned to live in the city where they had grown up with the father. Appeal dismissed.
• F (A Child) [2009] EWCA Civ 416
  Judgments (29/05/2009)
  Application for permission to appeal, with appeal to follow, by father against a refusal to order summary return of a child under the Hague Convention and Brussels II Revised. Application refused.
• G & B (Children) [2009] EWCA Civ 10
  Judgments (30/01/2009)
  Reasons given for allowing appeal by father seeking to amend the trial judge’s findings of fact. The appeal was allowed.
• GC v LD & Ors [2009] EWHC 1942 (Fam)
  Judgments (16/08/2009)
  Judgment concerning which local authority should pay allowances in a case where a special guardianship order would mean the child moving to another authority.
• GJ NJ and BJ (Incapacitated Adults) [2008] EWHC 1097 (Fam)
  Judgments (04/01/2009)
  Judgment concerning the review structure to be implemented involving an incapacitated adult who had been deprived of his liberty by court order.
• GJ v The Foundation Trust & Ors [2009] EWHC 2972 (Fam)
  Judgments (10/12/2009)
  Judgment arising from Court of Protection proceedings and deprivation of liberty for the purposes of providing treatment to the subject.
• Grubb v Grubb [2009] EWCA Civ 976
  Judgments (27/09/2009)
  Application by husband for permission to appeal an occupation order that he should vacate the matrimonial home. Application refused.
• H (A Child) [2009] EWCA Civ 334
  Judgments (05/05/2009)
  Application by step-father for permission to appeal findings of fact in care proceedings relating to allegations of sexual abuse on his step-daughter. Applications refused.
• H (A Child) [2009] EWHC 2280 (Fam)
  Judgments (16/09/2009)
  Judgment arising from an application by father, under Brussels II Revised, for reasonable direct contact with his wrongfully retained child.
• H (A Minor and an Incapacitated Person) CASE No 11461874
  Judgments (20/11/2009)
  Application by deputy appointed by the Court of Protection to reduce the sum required for security. The sum was reduced from £750,000 to £175,000.
• H (Children) [2009] EWCA Civ 704
  Judgments (23/07/2009)
  Appeal by police against refusal to allow disclosure of information from care proceedings for further possible criminal investigation. Appeal allowed.
• H (Children) 2009 EWCA Civ 1293
  Judgments (12/12/2009)
  Parents with a history of drug abuse appealed against a county court order refusing their application to revoke placement orders in respect of their two sons. Appeal refused –the county court judge had acted within the limits of the very broad discretion he had in such a case as this.
• Hameed v Qayyum [2008] EWHC 2274 (Ch)
  Judgments (02/04/2009)
  Application by a third party for an order for sale to enforce a charging order against a husband where the wife claimed that she had a 100% beneficial interest in the property. Application allowed.
• Hashem v Shayif & Anor [2009] EWHC 864 (Fam)
  Judgments (05/05/2009)
  Judgment principally concerning costs arising from complex ancillary relief and Chancery proceedings.
• Heath v Heath & Anor [2009] EWHC 1908 (Ch)
  Judgments (31/07/2009)
  Application by second wife for specific performance of an agreement with the deceased’s first wife (1st defendant) for the sale of her half share of the matrimonial home. The judge found that the agreement was not specifically enforceable but held that the claimant and 1st defendant now held the property in trust in equal shares.
• Hems v Clemans [2009] EWCA Civ 672
  Judgments (23/07/2009)
  Application for permission to appeal, with appeal to follow, order concerning enforcement in ancillary relief proceedings. Application granted and matter remitted back to county court.
• Holmes-Moorhouse v London Borough of Richmond Upon Thames [2009] UKHL 7
  Judgments (04/02/2009)
  Appeal by local authority against decision that a housing officer had misdirected himself in refusing a father’s request for housing in the light of a residence order. Appeal allowed.
• Horne v Horne [2009] EWCA Civ 487
  Judgments (15/06/2009)
  Appeal by wife against a decision that the fall in property prices necessitated a revaluation of the husband’s lump sum obligations on a Barder basis. Appeal allowed.
• Hudson v Leigh [2009] EWHC 1306 (Fam)
  Judgments (21/06/2009)
  Judgment concerning divorce proceedings where there was a dispute over the validity of a marriage ceremony held in South Africa.
• Hvorostovsky v Hvorostovsky [2009] EWCA Civ 791
  Judgments (27/07/2009)
  Appeal by wife against order for periodical payments following her application to vary. Appeal allowed.
• I (A Child) [2009] EWCA Civ 965
  Judgments (17/09/2009)
  Appeal arising from a conclusion that the English courts did not have jurisdiction in a case involving contact between a mother and a child now in Pakistan: counsel used a novel argument that Brussels II Revised could apply outside of EU Member states. Appeal dismissed.
• I (A Child) [2009] UKSC 10
  Judgments (04/12/2009)
  Appeal concerning whether an English court has jurisdiction to determine the future level of contact between a child and his mother where the child does not habitually reside in an EU Member State.
• Independent News and Media Ltd & Ors v A (by the Official Solicitor) [2009] EWHC 2858 (Fam)
  Judgments (22/11/2009)
  Application by media organisations to attend Court of Protection hearings involving a young adult (A) who lacks capacity but who has a talent that have brought him public recognition. Application granted.
• J (A Child) [2009] EWCA Civ 1210
  Judgments (26/11/2009)
  Appeal by mother against refusals to allow further assessment of her capacity to care and to allow her McKenzie Friend to represent her in the final hearing. Appeal on second point allowed.
• J (Children) 2009 EWCA Civ 1350
  Judgments (20/12/2009)
  Appeal concerning proper approach re. application for costs by one parent against the other at the end of a bespoke fact-finding hearing within contact proceedings. Appeal allowed and Respondent ordered to pay two thirds of the costs of the hearing before the District Judge.
• Jones v Kernott [2009] EWHC 1713 (Ch)
  Judgments (28/07/2009)
  Appeal against decision arising from claims under TOLATA where the beneficial interests in a property were deemed to have changed after a couple ceased to cohabit. Appeal dismissed.
• K (Children) [2009] EWCA Civ 987
  News (02/10/2009)
  Appeal in care proceedings against orders concerning the appointment and further involvement of an expert witness. Appeal allowed and hearing ordered to proceed before a different circuit judge.
• K v K [2009] EWCA Civ 986
  Judgments (02/10/2009)
  Application for permission to appeal, with appeal to follow, application of Spanish law in a case concerning two children who have been brought to the UK by their mother. Application allowed but appeal dismissed.
• K v K [2009] EWHC 2721 (Fam)
  Judgments (12/11/2009)
  Judgment in application for summary return of child of Polish parents removed to the UK from Ireland where they lived and worked. The judge exercised his discretion to refuse to order a return on the grounds of consent.
• K, R v [2009] EWCA Crim 1640
  Judgments (19/08/2009)
  Appeals, and cross-appeals, concerning directions in tax evasion criminal proceedings arising out of disclosure made on a Form E and other statements made in ancillary relief proceedings.
• KSO v MJO & Anor [2009] EWHC 2152 (Fam)
  Judgments (01/09/2009)
  Application for discharge of a freezing order arising from costs in ancillary relief proceedings. Application dismissed.
• L (A Child) [2008] EWCA Civ 1388
  Judgments (05/01/2009)
  Appeal by mother against order to inform her son of the true identity of his birth father before the start of the new school year. Appeal allowed.
• L (A Child) [2009] EWCA Civ 1008
  Judgments (09/10/2009)
  Appeal by mother against a judge's conclusions after a fact-finding hearing and a refusal to allow a risk assessment on her parenting capacity. Appeal allowed and returned to court for final hearing.
• L (A Child) [2009] EWCA Civ 1239
  Judgments (26/11/2009)
  Appeal by parents and guardian against directions in care proceedings requiring that swabs be taken from two children to establish paternity. Appeal allowed.
• L-A (Children) [2009] EWCA Civ 822
  Judgments (27/07/2009)
  Appeal by local authority against refusal to allow removal of children from their home in care proceedings arising out of alleged chronic neglect. Appeal allowed and matter sent for retrial.
• Leicestershire County Council v KC & Ors [2009] EWHC 1383 (Fam)
  Judgments (25/06/2009)
  Judgment arising from fact finding in potential care proceedings.
• Lindop v Agus [2009] EWHC 1795 (Ch)
  Judgments (16/07/2009)
  Judgment in Inheritance Act proceedings to determine whether the claimant was living with, and maintained by, the deceased so that she could claim under the Act. The judge found that she could make a claim.
• London Borough of Brent v S [2009] EWHC 1593 (Fam)
  Judgments (14/07/2009)
  Judgment arising from application for an injunction by local authority to prevent a child in their care from travelling to Pakistan to find his remaining family. The injunction was lifted.
• M (A Child) [2008] EWCA Civ 1543
  Judgments (25/01/2009)
  Appeal against decision to publish a judgment arising in ancillary relief proceedings. Appeal dismissed.
• M (A Child) [2009] EWCA Civ 1093
  Judgments (23/10/2009)
  Application by father for permission to appeal finding of fact in care proceedings by adducing fresh evidence. Application granted.
• M (A Child) [2009] EWCA Civ 311
  Judgments (05/05/2009)
  Application by father for permission to appeal costs arising from contact proceedings. Application refused.
• M (A Child) [2009] EWCA Civ 315
  Judgments (26/04/2009)
  Application for permission to appeal, with appeal to follow, by mother against case management decision not to investigate the possibility of a further residential assessment where she was herself a minor and the application was proposed by the Official Solicitor. Appeal allowed.
• M (Children) [2009] EWCA Civ 1216
  Judgments (26/11/2009)
  Application by father for permission to appeal, with appeal to follow, refusal to adjourn contact proceedings as the father was not fit to give evidence on the day. Application granted and appeal allowed.
• M (R, on the application of) V Birmingham City Council [2008] EWHC 1863 (Admin)
  Judgments (25/01/2009)
  Judicial review application concerning payment of residence order allowances under the Children Act. The council's policy was found to be lawful but misapplied.
• M v M [2009] EWHC 1941 (Fam)
  Judgments (07/08/2009)
  Judgment arising from application for costs in ancillary relief proceedings that the wife should pay 50% of the husband’s costs. An order was made roughly equating to 20% of the costs.
• M-D v D [2008] EWHC 1929 (Fam)
  Judgments (08/01/2009)
  Appeal by wife against orders in ancillary relief proceedings. Appeal allowed.
• MA (Children) [2009] EWCA Civ 853
  Judgments (06/08/2009)
  Appeal by guardian, representing three children, with cross-appeals by the parents arising from dismissal of care proceedings where there had been allegations, among other things, of physical abuse as punishment. Appeal dismissed on a majority.
• Marano v Marano [2009] EWCA Civ 967
  Judgments (02/10/2009)
  Application, by wife, for permission to appeal a lump sum order in the husband's favour where the value of his property investments had plummeted. Application granted.
• McFarlane v McFarlane [2009] EWHC 891 (Fam)
  Judgments (22/06/2009)
  Judgment arising from application to vary and extend or capitalise periodical payments in case involving high income couple and compensation.
• MGR (A Minor) [2009] EWCA Civ 942
  Judgments (10/09/2009)
  Appeal by local authority against refusal of judge to find that threshold criteria had been crossed. Appeal allowed.
• Miller-Smith v Miller-Smith [2009] EWCA Civ 1297
  Judgments (04/12/2009)
  Appeal by wife against an order to sell the matrimonial home with vacant possession made under TOLATA proceedings. Appeal dismissed.
• Moore v Moore [2008] EWCA Civ 1599
  Judgments (16/02/2009)
  Application for permission to appeal in ancillary relief proceedings. Application adjourned for hearing before full bench.
• Moore v Moore [2009] EWCA Civ 433
  Judgments (29/05/2009)
  Application by husband in ancillary relief proceedings seeking to vary an order that required security for costs before an application for permission to appeal would be considered. The deadline for providing security was extended.
• Moore v Moore [2009] EWCA Civ 737
  Judgments (28/07/2009)
  Application by wife for security for costs arising out of ancillary relief proceedings. Application allowed.
• Myerson v Myerson [2009] EWCA Civ 282
  Judgments (01/04/2009)
  Appeal by husband against an order in ancillary relief proceedings on the ground that a fall in the value of shares undermined the basis of the order and represented a Barder event. Appeal dismissed.
• N (A Child) [2009] EWHC 11 (Fam)
  Judgments (25/01/2009)
  Judgment arising from proceedings for financial provision under Schedule 1 of the Children Act.
• N (A Child) [2009] EWHC 1663 (Fam)
  Judgments (31/07/2009)
  Application to allow disclosure of documents arising out of private children law proceedings to enable the applicant to make a complaint to the GMC about an expert witness in the proceedings. No order was made on the application.
• N (A Child) [2009] EWHC 1807 (Fam)
  Judgments (31/07/2009)
  Judgment arising from applications by father to amend or vary a consent order concerning residence and contact. No orders were made.
• N (A Child) [2009] EWHC 2096 (Fam)
  Judgments (16/08/2009)
  Judgment dealing principally with costs arising from contentious contact and residence litigation between unmarried parents.
• N (A Child) [2009] EWHC 3055 (Fam)
  Judgments (10/12/2009)
  Judgment arising from a guardian's application for a s.91(14) orders against both parents following litigious contact and residence proceedings. An order was made for four years.
• N-F (children) [2009] EWCA Civ 274
  Judgments (02/04/2009)
  Application by local authority for permission to appeal, with appeal to follow, decision to grant supervision orders rather than interim care orders for two children, where two siblings had been made subject to care orders. Application granted, appeal dismissed.
• NA (R, on the application of) v London Borough of Croydon [2009] EWHC 2357 (Admin)
  News (02/10/2009)
  Judgment in judicial review proceedings concerning an age assessment for purposes of s20 of the Children Act 1989. The original findings were quashed.
• Ngwu v Ngwu [2009] EWCA Civ 675
  Judgments (23/07/2009)
  Second appeal by wife against an order in ancillary relief proceedings where she had been found liable to a substantial part of the husband’s costs. Appeal dismissed.
• O (A Child) [2009] EWCA Civ 876
  Judgments (24/08/2009)
  Application by two prospective carers for permission to appeal, with appeal to follow, a local authority’s viability assessment. Application allowed but appeal dismissed.
• O v L, I and Orkney Island Council [2009] EWHC 3173 (Fam)
  Judgments (11/12/2009)
  Application for a special guardianship order under the Children Act 1989, s 14A. In a dispute as to which local authority was responsible for producing a report under section 14A(8), it was determined that the obligation lay with Cambridgeshire County Council in whose locality the child now resided.
• OT (A Child) [2009] EWCA Civ 409
  Judgments (26/05/2009)
  Reasons given for refusal for permission to appeal against an order allowing doctor’s to stop medical treatment on a 10 month old child. Permission at the hearing was refused.
• P (A Child) [2008] EWCA Civ 1607
  Judgments (01/03/2009)
  Application, by mother, for permission to appeal refusal for leave to apply to revoke a placement order on the grounds of a change in circumstances where the child suffered severe medical problems. Application refused.
• P (A Child) [2009] EWCA Civ 908
  Judgments (27/08/2009)
  Appeal by mother against finding of fact arising from contact proceedings. Appeal dismissed.
• P (R, on the application of) v London Borough of Croydon [2009] EWHC 1993 (Admin)
  Judgments (07/08/2009)
  Application for judicial review concerning an age assessment report which found the applicant to be just over 17 years old. A review of the age assessment decision was ordered.
• P and P (Children) [2009] EWCA Civ 610
  Judgments (28/06/2009)
  Appeal by local authority against case management decision in care proceedings. Appeal allowed.
• P-B (Children) [2009] EWCA Civ 143
  Judgments (05/03/2009)
  Appeal by local authority against the imposition of a penal notice against their officers to enforce a contact order under s34 of the Children Act 1989. Appeal allowed to a limited extent.
• P-J (Children) [2009] EWCA Civ 588
  Judgments (09/07/2009)
  Application by mother for permission to appeal, with appeal to follow, order to return her children to Spain. Application allowed but appeal dismissed.
• Papanicola v Fagan [2008] EWHC 3348 (Ch)
  Judgments (30/01/2009)
  Applications by trustee in bankruptcy seeking to set aside a declaration of trust made in favour of the bankrupt’s wife on the grounds that it was as a transaction at an undervalue and that it was a transaction seeking to put the assets beyond the reach of creditors. Application failed.
• Paulin v Paulin & Anor [2009] EWCA Civ 221
  Judgments (19/03/2009)
  Appeal by husband against a decision to annul a bankruptcy order, arising in the course of ancillary relief proceedings, made on his own petition and after first having been upheld. Appeal dismissed.
• Qayyum v Hameed & Anor [2009] EWCA Civ 352
  Judgments (05/05/2009)
  Appeal by wife against a finding that a property is owned in equal shares by her and her husband. Appeal dismissed.
• R (A Child) [2008] EWCA Civ 1573
  Judgments (30/01/2009)
  Appeal against findings of fact in care proceedings. Appeal allowed.
• R (A Child) [2008] EWCA Civ 1619
  Judgments (13/03/2009)
  Appeal against findings in preliminary fact finding hearing arising from residence applications involving allegations of domestic violence. The appeal was on the ground that the evidence was only partially heard. Appeal allowed.
• R (A Child) [2009] EWCA Civ 358
  Judgments (05/05/2009)
  Application by mother for permission to appeal, with appeal to follow, an order awarding residence of her son to the paternal grandparents. Appeal allowed.
• R (A Child) [2009] EWCA Civ 445
  Judgments (29/05/2009)
  Appeal by mother against a residence order in favour of the father where the child wished to return to his mother and the CAFCASS officer recommended the same. Appeal allowed on a majority, Ward LJ dissenting.
• R (on the application of A) v London Borough of Croydon: R (on the application of M) v London Borough of Lambeth [2009] UKSC 8
  Judgments (07/12/2009)
  Appeals against age assessments by local authorities for the purposes of establishing duties under s20 of the Children Act 1989. Appeals allowed.
• R (On the application of Creed) v HMCS & Anor [2009] EWHC 3610 (Admin)
  Judgments (04/09/2009)
  Application for judicial review arising from liability order in child support. Application refused.
• R (on the application of G) v London Borough of Southwark [2009] UKHL 26
  Judgments (20/05/2009)
  Appeal against a majority decision of the Court of Appeal that a local authority can arrange for a child in need to be accommodated under Part VII of the Children Act 1989 rather than under s20 of the Children Act 1989. Appeal allowed.
• R (On the application of Liverpool City Council) v London Borough of Hillingdon & Anor [2009] EWCA Civ 43
  Judgments (16/02/2009)
  Appeal against finding in judicial review proceedings that a local authority had been found to have a duty to a child under s20 of the Children Act. Appeal allowed.
• R (on the application of MM) v London Borough of Lewisham [2009] EWHC 416 (Admin)
  Judgments (13/03/2009)
  Application for judicial review of decisions that the claimant was not a child in need under s17 of the Children Act 1989. Application successful.
• Radmacher v Granatino [2009] EWCA Civ 649
  Judgments (02/07/2009)
  Appeal by wife against an award in ancillary relief proceedings where the couple, both born overseas, had signed a pre-nuptial agreement in Germany. Appeal allowed.
• Ratcliffe v Secretary of State for Defence [2009] EWCA Civ 39
  Judgments (20/02/2009)
  Appeal against ruling that the appellant was not due a War Pension, where she was the deceased’s unmarried partner, on the grounds that it is unlawful under the Human Rights Act. Appeal dismissed.
• Re Haghighat (A Bankrupt) [2009] EWHC 90 (Ch)
  Judgments (30/01/2009)
  Judgment arising from an application by trustee in bankruptcy for order for possession and sale of the family home. Order for possession granted but deferred.
• Rothwell v Rothwell [2008] EWCA Civ 1600
  Judgments (16/02/2009)
  Judgment concerning costs after a failure of a mediated agreement in ancillary relief proceedings. No order for costs was made.
• S (A Child) [2009] EWCA Civ 1021
  Judgments (16/10/2009)
  Appeal concerning the habitual residence of a child removed by the father to Belgium. Appeal dismissed.
• S (A Child) [2009] EWCA Civ 993
  Judgments (02/10/2009)
  Appeal by mother against permission to register an order under Brussels II bis for return of her child to Milan involving issues around the correct appellate route in such cases. The Appeal was remitted to the High Court.
• S (by the Official Solicitor) V Rochdale MBC & Anor [2008] EWHC 3283 (Fam)
  Judgments (19/01/2009)
  Judgment arising from proceedings brought by the Official Solicitor alleging serious breaches of duty and the Human Rights Act by the local authority and the Independent Reporting Officer in their treatment of a vulnerable child.
• S (R, on the application of) v Hampshire County Council [2009] EWHC 2537 (Admin)
  Judgments (30/10/2009)
  Application for judicial review of a Core Assessment for the purposes of the Children Act where the child was claimed to have severe disabilities and behavioural difficulties. Application refused.
• S v S & S [2009] EWHC 1494 (Fam)
  Judgments (28/06/2009)
  Judgment in application by father for summary return of a child under the Hague Convention. The application was refused.
• S-B (Children) [2009] EWCA Civ 1048
  Judgments (16/10/2009)
  Appeal by mother against finding that she was a possible perpetrator of non-accidental injuries. Appeal dismissed.
• S-B (Children) [2009] UKSC 17
  Judgments (21/12/2009)
  Appeal by mother against finding that she had been a possible perpetrator of harm to her eldest child which subsequently led to the removal of her second child. Appeal allowed and remitted for hearing before a different judge.
• Salford City Council v BJ 2009 EWHC 3310 (Fam)
  Judgments (20/12/2009)
  Deprivation of liberty case involving lack of capacity in which Munby LJ gives guidance on court reviews, and internal reviews in such cases.
• Secretary of State for Work & Pensions v Wincott [2009] EWCA Civ 113
  Judgments (05/03/2009)
  Appeal by resident parent against ruling that her child support should not be varied following payment of a divdend by his company to the non-resident party. Appeal allowed.
• Seiden v Fularon [2008] EWCA Civ 1548
  Judgments (30/01/2009)
  Application for permission to appeal grant of decree nisi of nullity. Application dismissed.
• Slade v Slade [2009] EWCA Civ 748
  Judgments (28/07/2009)
  Appeal by former wife against sentencing for contempt of court. Appeal allowed.
• Spencer v Spencer [2009] EWHC 1529 (Fam)
  Judgments (01/07/2009)
  Application by both parties to prevent media from attending final hearing in ancillary relief proceedings involving a high-profile couple. Application refused.
• SR v CR (ancillary relief: family trusts) [2008] EWHC 2329 (Fam)
  Judgments (22/12/2009)
  Matrimonial finance case in which Singer J considers the extent to which the Husband’s interests under trusts should properly be taken into account in assessing the parties’ assets.
• SS v KS [2009] EWHC 1575 (Fam)
  Judgments (12/07/2009)
  Interlocutory appeal by mother against order for interim contact when there are allegations of domestic violence in contact proceedings. Appeal dismissed
• Stedman, Re [2009] EWHC 935 (Fam)
  Judgments (26/05/2009)
  Judgment arising from application by a local authority for continued publicity restrictions in a case where a claim that a 12 year old boy had fathered a child to a 15 year old mother had already received wide media coverage. Application refused.
• Stodgell v Stodgell [2009] EWCA Civ 243
  Judgments (26/03/2009)
  Application for permission to appeal order that the wife’s ancillary relief claim cannot proceed until a confiscation order arising from tax offences has been discharged. Permission refused.
• T (A Child) [2009] EWCA Civ 1208
  Judgments (22/11/2009)
  Application by mother for permission to appeal, with appeal to follow, findings over causation of injuries arising from care proceedings. Application allowed but appeal dismissed.
• T (A Child) [2009] EWCA Civ 20
  Judgments (05/02/2009)
  Application for permission to appeal, with appeal to follow, refusal to allow a mother relocate to Somerset from London in a case involving a shared residence order for the couple’s daughter. Permission granted but appeal dismissed.
• T v W [2009] EWHC 2448 (QB)
  Judgments (30/10/2009)
  Judgment arising from application for injunction preventing disclosure of confidential information. Application allowed and interim order granted.
• TCD v Harrow & Ors [2008] EWHC 3048 (QB)
  Judgments (04/01/2009)
  Judgment concerning limitation issues in a claim for damages against local authorities who had failed to prevent the claimant from living in the home of a man convicted of sexual offences. The judge refused to exercise his discretion to disapply the provision of the Limitation Act 1980.
• Topham & Anor v French [2009] EWCA Civ 1129
  Judgments (04/11/2009)
  Application for permission to appeal an order for costs arising from application by a trustee in bankruptcy to sell the matrimonial home. Permission granted.
• Truex v Toll [2009] EWHC 396 (Ch)
  Judgments (19/03/2009)
  Appeal against bankruptcy order arising from a dispute over costs in ancillary relief proceedings. Appeal allowed.
• W & M (Children) [2009] EWCA Civ 1278
  Judgments (10/12/2009)
  Application for permission to appeal, with appeal to follow, refusal to allow a s38(6) residential assessment in care proceedings. Application granted but appeal dismissed.
• W (A Child) [2009] EWCA Civ 538
  Judgments (21/06/2009)
  Application for permission to appeal by parents against orders arising in adoption proceedings where the child was removed from them shortly after birth as a result of a finding against the father involving non-accidental injury to a child of a previous relationship. Application refused.
• W (Children) [2009] EWCA Civ 160
  Judgments (13/03/2009)
  Application for permission to appeal, with appeal to follow, by mother against refusal to allow her to relocate to New Zealand with two children. Permission granted but appeal dismissed.
• W (Children) [2009] EWCA Civ 59
  Judgments (11/02/2009)
  Application for permission to appeal, out of time, adoption orders made on the basis of medical evidence later found to be flawed. Application dismissed.
• W (Children) [2009] EWCA Civ 644
  Judgments (09/07/2009)
  Application by father for permission to appeal, with appeal to follow, against finding arising in care proceedings that he had raped a step-daughter where he had been acquitted in the criminal courts. Application allowed but appeal refused.
• W Primary Care Trust v TB & Ors [2009] EWHC 1737 (Fam)
  Judgments (31/07/2009)
  Application by health care trust and the Official Solicitor for a declaration that they can deprive a vulnerable adult of her liberty under the Mental Capacity Act 2005. The declaration was to be made but in the event the subject committed suicide before this judgment was pronounced.
• W v W [2009] EWHC 3288 (Fam)
  Judgments (21/12/2009)
  Application by sister to be joined as a defendant in Hague Proceedings concerning her brother. Application granted.
• W-M (Children) [2009] EWCA Civ 1105
  Judgments (23/10/2009)
  Application for permission to appeal, with appeal to follow, final care orders. Application and appeal granted and matter remitted to the county court.
• W-P (Children) [2009] EWCA Civ 216
  Judgments (19/03/2009)
  Appeal by local authority against finding of fact in care proceedings. Appeal allowed and sent for rehearing.
• Walkden v Walkden [2009] EWCA Civ 627
  Judgments (06/07/2009)
  Application by husband for permission to appeal, with appeal to follow, decision to reopen an ancillary relief order on the grounds of a Barder event. Appeal allowed
• Webster v Webster [2008] EWHC 31 (Ch)
  Judgments (25/01/2009)
  Application by mother for declaration of beneficial interests in a house and some shares on the basis of survivorship and under the Inheritance (Provision for Family and Dependents) Act 1975.
• White v Withers & Anor [2009] EWCA Civ 1122
  Judgments (28/10/2009)
  Application for permission to appeal, with appeal to follow, striking out of claim for damages arising from the use of Hildebrand documents in ancillary relief proceedings. Application granted and appeal allowed.
• Y v Q & I (Case No FD07P02311)
  Judgments (06/06/2009)
  Judgment concerning jurisdiction arising from contact applications made by a mother where the father and child lived in Pakistan.
• Z (Children) [2009] EWCA Civ 430
  Judgments (29/05/2009)
  Application by mother for permission to appeal, with appeal to follow, an order for unsupervised contact by their father to her two youngest children. Application and appeal allowed.