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Judgments

The list below is of key judgments published this year. Click the folders on the left hand side to browse the archive of judgments now available on the site since we started publishing in 2005.

• Sareen v Sareen [2010] EWCA Civ 951
  Judgments (29/08/2010)
  Application for permission to appeal in ‘big money’ ancillary relief proceedings. Application dismissed.
• MA v DB [2010]
  Judgments (29/08/2010)
  Proceedings, concerning the alleged wrongful removal of children from Greece to England, under the Child Abduction and Custody Act 1985 and pursuant to Brussels II Revised and Hague Convention. Issue as to the jurisdiction of the court to make residence and contact orders. Held that the orders would be made under the court’s inherent jurisdiction.
• B v B [2010] EWHC 3422
  Judgments (26/08/2010)
  Ancillary relief. Husband named beneficiary of discretionary trust funds. Extent to which those were “financial resources” available to him. Wife sought award of £6.5m; husband proposed award of £3m. Wife awarded £4.5m, and substantial contribution to costs.
• Ashby v Killduff [2010] EWHC 2034 (Ch.)
  Judgments (23/08/2010)
  TOLATA proceedings. Held that one property was not held in trust for the claimant but the claimant should receive some benefit by way of proprietary estoppel by virtue of contributions to renovations. The jointly owned investment property was (post severance of the joint tenancy) held as tenants in common subject to a trust that the claimant was responsible for all outgoings but entitled to income from it during his lifetime.
• Re S (A Child - Transfer of Residence)
  Judgments (12/08/2010)
  Transfer of residence ordered in January 2010. Attempts to implement the transfer failed. The father consented to indirect contact only. Review of the case and issues arising from situations where a child is ‘alienated’ from one parent.
• R (Birara) v London Borough of Hounslow [2010] EWHC 2133
  Judgments (12/08/2010)
  Judicial review of local authority’s decision to cease support under the Children Act 1989 after the claimant turned 21. The local authority’s pathway plans were inadequate, it had failed to have proper regard to its own policy to grant discretionary support past the age of 21 nor had it considered its ability to act outside its policy in the particular circumstances of the case.
• Butt v Butt [2010] EWHC 1989
  Judgments (06/08/2010)
  Application to determine the jurisdiction of the English courts to vary or discharge a contact order. Brussels II Revised. Held that the child’s best interests were served by the German courts having jurisdiction.
• Re GR (Children) & others [2010] EWCA Civ 871
  Judgments (06/08/2010)
  Unsuccessful appeal by Local Authority from Recorder’s order refusing interim care orders in relation to the two youngest (of four) children where the Recorder had granted interim care orders in relation to the older children.
• Kaur v Matharu [2010] EWCA Civ 930
  Judgments (06/08/2010)
  Ancillary relief case involving an alleged third party TOLATA claim by a relative of the Husband. On appeal, the Circuit Judge had permitted oral evidence in support of the TOLATA claim. The Court of Appeal held that the Circuit Judge had been wrong to do so and in the course of the judgment reviews the law on admission of fresh evidence in appeals.
• H (A Child) [2010] EWCA Civ 915
  Judgments (06/08/2010)
  Father’s unsuccessful appeal to the Court of Appal against an order granting the Mother of their 7 year old daughter the right to permanently remove the child to the Czech Republic
• FZ v SZ and another [2010] EWHC 1630
  Judgments (30/07/2010)
  Judgment in applications for ancillary relief (big money case) and to vary a post-nuptial settlement.
• M (A Child) [2010] EWCA Civ 888
  Judgments (30/07/2010)
  An appeal against an order made in September 2009 permitting a father to take a 7-year old child on holiday to France and/or Cameroon. Appeal allowed.
• Jones v Jones [2010] EWCA Civ 890
  Judgments (30/07/2010)
  Wife’s application for permission to appeal Charles J’s order within ancillary relief proceedings. Permission to appeal on specified grounds granted with judicial encouragement to resolve the matter by court-led mediation.
• M (Children) [2010] EWCA Civ 845
  Judgments (30/07/2010)
  Appeal against care and placement orders by a young mother who had a close relationship with her two children. The Court concluded that living at the maternal grandparents’ home was likely to cause emotional harm to the children but that it was not practical for the mother and children to live alone. Appeal dismissed.
• PM v KH and another [2010] EWHC 1579
  Judgments (30/07/2010)
  Judgment explaining orders made at earlier hearing including orders re welfare of child, transition plan, injunctions, blocking/unblocking funds and directions re committal application.
• RT v LT and another [2010] EWHC 1910
  Judgments (30/07/2010)
  Proceedings in the Court of Protection under Mental Capacity Act 2005 as to capacity to make decisions about (1) where adult should live; and (2) what contact she should have with members of her family. Held that she did not have capacity.
• Tchenguiz v Imerman; Imerman v Imerman [2010] EWCA Civ 908
  Judgments (29/07/2010)
  Interlocutory appeal and cross-appeal in ancillary relief proceedings relating to Hildebrand rules. Order upheld that W deliver obtained files to H's solicitors (and retain no copies) and that W and her solicitors be restrained, at least for the time being, from using any information they might have gained from reading the files.
• Weiner v. Weiner [2010] EWHC 1843
  Judgments (22/07/2010)
  Whether it is permissible to serve documents initiating divorce proceedings on a Sunday and the effect, if any, of Sunday service on the court's jurisdiction under Brussels II Revised.
• McG v Neath County Borough Council [2010] EWCA Civ 821
  Judgments (22/07/2010)
  Appeal by mother against care and placement orders. Appeal allowed, interim care orders made, finding made of sexual abuse in respect of one of the children was set aside. Transfer to the High Court for directions.
• Golubovich v Golubovich [2010] EWCA Civ 810
  Judgments (22/07/2010)
  Jurisdiction dispute concerning whether the court should recognise a decree of divorce obtained by the husband in Russia in breach of undertaking/Hemain injunction in England. On appeal, Singer J’s decision on public policy grounds, to refuse to recognise the Russian decree was overturned by the Court of Appeal.
• G v E [2010] EWCA Civ 822
  Judgments (22/07/2010)
  Appeal against a decision that E who lacks capacity should not return to live with F with whom he had lived under an adult placement. Appeal dismissed and guidance given by the Sir Nicholas Wall P. re. Art 5 ECHR in relation to cases concerning vulnerable adults.
• F (Children) [2010] EWCA Civ 826
  Judgments (22/07/2010)
  Successful appeal to the Court of Appeal -overturning an order for interim care orders and a refusal of permission to instruct an independent social worker.
• A Local Authority v A [2010] EWHC 1549 (Fam)
  Judgments (16/07/2010)
  Interim application in the Court of Protection for declarations as to the capacity and best interests of a vulnerable adult woman. Application refused.
• R (C) v Nottingham City Council [2010] EWCA Civ 790
  Judgments (16/07/2010)
  Appeal in judicial review proceedings against decision that local authority did not owe duties to the claimants under sections 23A, 23B and 23C of the Children Act 1989. Appeal refused.
• P [2010] EWHC 1592
  Judgments (16/07/2010)
  Application in the Court of Protection for appointment as deputies as to welfare and finance in respect of vulnerable adult. Application granted, subject to conditions.
• S (A Child) [2010] EWCA Civ 786
  Judgments (16/07/2010)
  Application by mother for permission to appeal against various orders under the Children Act 1989, including residence order and specific issue orders. Application refused.
• LA v SB, AB & MB [2010] EWCA Civ 1744
  Judgments (15/07/2010)
  Local Authority initially sought an order that a 6 year old suffering from a rare disease could undergo recommended surgery but subsequently decided it wanted further consultation with the parents. Sir Nicholas Wall P. held there was no continuing role for the court and made consequential orders.
• K v L [2010] EWHC 1234
  Judgments (15/07/2010)
  Ancillary Relief case concerning treatment of a pre-marital inheritance (£57.4 million). All the assets had been inherited by the wife before the parties meet, were later brought into the marriage, and then used as the only financial support during the marriage. Bodey J ordered a lump sum of £5 million to be paid to husband.
• CF v KM [2010] EWHC 1754
  Judgments (15/07/2010)
  Jurisdictional issue on appeal as to whether the court has power, where a child maintenance calculation below the maximum assessment is in place, to make a payment for the benefit of the child in respect of legal fees of Schedule 1 Children Act 1989 proceedings and/or other proceedings ( s. 8 proceedings). Held: the court does have jurisdiction.
• A v A Local Authority [2009] EWCA Civ 1057
  Judgments (14/07/2010)
  Appeal by mother against order to disclose sensitive material to father within care proceedings prior to completion of a risk assessment of the consequences of disclosure. Appeal allowed.
• P v G [2010] EWHC 1311 (Fam)
  Judgments (08/07/2010)
  Application by father under the Family Law Act 1986, section 5 for stay of Children Act proceedings on the basis that matter should be heard in Scotland, not England. Application granted.
• R (A) v London Borough of Lambeth [2010] EWHC 1652
  Judgments (08/07/2010)
  This case is concerned with an application for judicial review in which the Claimant, A, seeks a declaration that the Defendant, The London Borough of Lambeth, had failed to assess A’s needs and to produce a pathway plan as required by The Children (Leaving Care) (England) Regulations 2001 and further, a mandatory order requiring the Defendant to assess A’s needs and to produce a plan as required by the Regulations.
• T v B [2010] EWHC 1444
  Judgments (08/07/2010)
  The issue in the case was whether the Respondent was a parent under Schedule 1 of the Children Act 1989 so that the court had jurisdiction to make an order against her for financial relief. The matter was treated as a preliminary issue prior to the court considering the merits of the application.
• W (A Child) [2009] EWCA 1597
  Judgments (08/07/2010)
  Application for permission to appeal against order that there be no fact-finding exercise into child's death. Application refused.
• HM [2010] EWHC 1579
  Judgments (08/07/2010)
  The latest judgment in a series regarding an incapacitated adult.
• CG v IF [2010] EWHC 1062
  Judgments (08/07/2010)
  This case dealt with an application by a Husband pursuant to section 13 of the Matrimonial & Family Proceedings Act 1984 for leave to make an application for financial relief following a Swiss divorce. Application dismissed.
• A Local Authority v A and another [2010] EWHC 978
  Judgments (02/07/2010)
  Two linked cases in the Court of Protection. Declarations made that neither patient was being deprived of their liberty.
• M v V [2010] EWHC 1453
  Judgments (02/07/2010)
  Application under Schedule 1 to Children Act 1989. Father raised arguments under Brussels I, partially accepted. Application refused.
• Smith v Cooper [2010] EWCA Civ 722
  Judgments (02/07/2010)
  Cohabitation dispute: The issue on appeal was whether or not the presumption of undue influence was successfully rebutted, and if not rebutted what the consequences are as regards setting aside transactions.
• TG (Relocation) [2009]
  Judgments (02/07/2010)
  Private law children. An application by mother to relocate to a non Hague Convention country, Indonesia, together with father’s application for shared residence. Permission to relocate refused since mother’s proposals were incompatible with the child’s welfare. Shared residence ordered to reflect the reality of arrangements but over and above that the quality of the relationship between the father and the child, and his commitment.
• Constantinou v Wilmot-Josife [2010] EWCA Civ 747
  Judgments (01/07/2010)
  An appeal in the context of proceedings under the Inheritance (Provision for Family and Dependants) Act 1975. Appeal dismissed.
• S (A Child) [2010] EWCA Civ 705
  Judgments (24/06/2010)
  Appeal by father against an order that provided for a child to be ‘cared for’ by him at various days and times. Appeal allowed.
• Re X, Y and Z (Children) [2010] EWHC
  Judgments (20/06/2010)
  Application by local authority to withdraw from proceedings, under FPR r 4.5, for interim care of three children. Local authority ordered to contribute to the costs of the parents.
• AA v NA and Kab [2010] EWHC 1282
  Judgments (18/06/2010)
  Appeal against a fact finding decision arising in private law residence and contact proceedings. Appeal allowed.
• Re AR (A Child: Relocation) [2010] EWHC 1346
  Judgments (17/06/2010)
  Mother’s application for leave to permanently remove a five-year old child to France and father’s application for residence (subsequently amended to application for shared residence). A shared residence order was made and the mother’s application for leave to remove to France was refused.
• P (A Child) [2010] EWCA 672
  Judgments (17/06/2010)
  Care Proceedings. Whether it is open to a judge conducting a fact finding hearing in Children Act proceedings to make a finding in general terms that it is probable a party has behaved towards and touched a child in an inappropriate sexual manner. Appeal dismissed.
• Fisher-Aziz v Aziz [2010] EWCA 673
  Judgments (17/06/2010)
  Ancillary relief. The significant issue at trial and on the first and second appeal was whether the former matrimonial home ought to be transferred into the occupier wife’s sole name in preference to sale and receipt of the proceeds of sale. Appeal allowed.
• H v Mitson & Others [2009] EWHC 3114
  Judgments (10/06/2010)
  Appeal and cross appeal in proceedings under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act). The court considered whether the failure of a mother to make any provision for her adult daughter from whom she had been estranged for 26 years was reasonable provision under the Act.
• ES v AJ [2010] EWHC 1113
  Judgments (10/06/2010)
  Application by a mother for the return of her twin children from Cameroon to England and Wales.
• SA v KCC [2010] EWHC 848 (Admin)
  Judgments (04/06/2010)
  Judicial review proceedings brought on behalf of 15 year old by her grandmother as her litigation friend against the local authority. The proceedings concern the status of A and whether A was a child in need or a looked after child.
• CMEC v Forrest [2010] EWHC 1264
  Judgments (04/06/2010)
  Appeal by way of case stated from a decision of justices to acquit on a charge of failure to comply with an information request under s. 14A (3) Child Support Act 1991. Held: Appeal allowed. The justices had come to an unsustainable conclusion. Once the claim had been substantiated the justices had been wrong to find that protecting another from the possibility of facing criminal charges could constitute reasonable excuse for failure to provide the information requested.
• Oxfordshire County Council v X, Y & J [2010] EWCA 581 Civ
  Judgments (03/06/2010)
  Appeal against an order requiring, against their wishes, the adopted parents of a child to send to the child’s natural parents an annual photograph. Appeal allowed.
• Kernott v Jones [2010] EWCA Civ 578
  Judgments (27/05/2010)
  Cohabitants’ property dispute. The principal issue at trial and on the first and second appeals was whether and, if so, to what extent the equal beneficial interests of the co-owners had been varied after their separation. Appeal allowed.
• DH NHS Foundation Trust v PS [2010] EWHC 1217
  Judgments (27/05/2010)
  Application in the Court of Protection for declarations relating to the medical treatment of a vulnerable adult lacking mental capacity. Declarations granted.
• De Bruyne v De Bruyne [2010] EWCA 519 Civ
  Judgments (21/05/2010)
  Appeal by a wife against an order in a big money ancillary relief case.
• G v E and others [2010] EWCA 548 Civ
  Judgments (20/05/2010)
  Renewed application for permission to appeal against placement order. Application granted.
• W (Minors) [2010] EWCA 520 Civ
  Judgments (20/05/2010)
  Application for permission to appeal against a refusal to return children to the Republic of Ireland under the Child Abduction and Custody Act 1985. Application refused.
• JKN v JCN [2010] EWHC 843
  Judgments (15/05/2010)
  A dispute concerning the appropriate forum for divorce proceedings. Consideration of whether Brussels II Revised and/or the judgment in Oswusu prevented the English Court exercising its discretionary jurisdiction to stay English divorce proceedings.
• B v B [2010] EWHC 193
  Judgments (15/05/2010)
  Ancillary relief case where the principal issue was the extent to which substantial post-separation income should be brought into account in assessing the wife’s award.
• R (TG) v London Borough of Lambeth [2010] EWHC 907 QB
  Judgments (15/05/2010)
  Claim for judicial review of decision not to accommodate claimant under Children Act 1989 section 23C. Claim failed.
• PM v KH & Another [2010] EWHC 870
  Judgments (15/05/2010)
  Proceedings under the inherent jurisdiction in respect of young adult lacking capacity.
• D (Children) [2010] EWCA 496 Civ
  Judgments (14/05/2010)
  Appeal by mother against residence order in favour of paternal grandparents following intractable contact dispute. Appeal dismissed.
• R (C) v Nottingham City Council [2010] EWCA 501 Civ
  Judgments (14/05/2010)
  Renewed application for permission to appeal against decision that local authority did not owe duties to the claimants under sections 23A, 23B and 23C of the Children Act 1989. Application granted.
• N v N [2010] EWHC 717 (Fam)
  Judgments (06/05/2010)
  Judgment in high value ancillary relief case involving inherited, gifted and business assets. Lump sum awarded.
• Brookes v Sec of State for Works and Pensions [2010] EWCA 420
  Judgments (05/05/2010)
  Judicial Review application re Child Maintenance and Support Commission’s decisions to instruct bailiffs/apply for committal/disqualification for assessed arrears where the welfare of children of the family may be affected and alleging breach of Article 8 ECHR. Application refused.
• G (A Child) [2010] EWCA 470
  Judgments (05/05/2010)
  Appeal by a father against an order that he was to have no contact with his daughter and was not to make an application for contact or residence without the court’s permission for a period of five years. Appeal allowed and period of two years substituted during which indirect contact would be permitted.
• K (A Child) [2010] EWCA 478
  Judgments (05/05/2010)
  Application by father for permission to appeal, with appeal to follow, an order refusing him direct supervised contact with daughter. Application granted and appeal allowed.
• S (A Child) [2010] EWCA 465
  Judgments (05/05/2010)
  Application to set aside wardship and ancillary orders including return to the UK. Wardship upheld but order requiring return stayed pending determination of proceedings for interim care.
• A, H, C and W (children) [2009] EWCA Civ 1577
  Judgments (30/04/2010)
  Appeal by father against finding that he had injured his baby son the day after his birth. Appeal dismissed.
• S (Minors) [2010] EWCA Civ 421
  Judgments (30/04/2010)
  Application by mother for permission to appeal, with appeal to follow, order allowing removal of children to short term foster care. Application granted and appeal allowed.
• S (Children) [2010] EWCA Civ 447
  Judgments (30/04/2010)
  Intractable contact dispute. Appeal against the conditions included in a contact order. Appeal allowed.
• H (A Child) [2010] EWCA Civ 448
  Judgments (30/04/2010)
  Appeal against a contact order in favour of father concerning a 4 1/2 month old child. Appeal allowed.
• A (A Child) [2007] EWCA Civ 899
  Judgments (26/04/2010)
  Appeal against an order transferring residence from the mother to the father. Appeal dismissed.
• D v D [2010] EWHC 138 (Fam)
  Judgments (22/04/2010)
  Judgment in high value ancillary relief case involving consideration of whether a clean break can be achieved where that outcome would be funded through the family company. A clean break was rejected and a lump sum and periodical payments awarded.
• ITW v Z and M [2009] EWHC 2525 (Fam)
  Judgments (22/04/2010)
  Application by deputy for order authorising him to execute a statutory will. Order granted.
• M (Children) [2010] EWCA Civ 67
  Judgments (22/04/2010)
  Appeals against finding of fact that a father had stabbed a mother, refusals to to allow permission to appeal, a residence order in favour of the mother and a finding that the threshold criteria under the Children Act 1989 section 31 had not been met. Appeals dismissed.
• M (Children) [2009] EWCA Civ 1573
  Judgments (22/04/2010)
  Renewed application by father for permission to appeal finding that he had stabbed his children's mother. Application allowed.
• CJ v Flintshire CC [2010] EWCA Civ 393
  Judgments (22/04/2010)
  Appeal by father, who was imprisoned for breaches of an injunction in care proceedings not to contact any of his daughters who were still minors, against refusal to order immediate discharge from prison . Appeal dismissed.
• Amin v Amin [2010] EWHC 827 (Ch)
  Judgments (22/04/2010)
  Costs judgment arising out of complex litigation over family businesses which had involved issues of quantum meruit, determination of beneficial interests in the family home and related occupation rent.
• R(O) v East Riding of Yorkshire County Council [2010] EWHC 489 (Admin)
  Judgments (16/04/2010)
  Application for judicial review of a decision by a local authority to cease to consider that a child was looked after once he had been accommodated in a special needs residential school. Application refused.
• F (A Child) [2010] EWCA Civ 375
  Judgments (16/04/2010)
  Application by father for permission to appeal, with appeal to follow, care order. Application granted and appeal allowed.
• EH v Greenwich [2010] EWCA Civ 344
  Judgments (13/04/2010)
  Appeal by mother against care and placement orders. Appeal allowed and proceedings returned for re-hearing by the same judge.
• CMEC v Mitchell [2010] EWCA Civ 333
  Judgments (08/04/2010)
  Appeal by CMEC against ruling that an order made in the magistrates' court banning a driver for 12 months, suspended if he paid £5 a week in child maintenance, was out of time under the Limitation Act 1980. Appeal allowed.
• B (Children) [2010] EWCA Civ 363
  Judgments (08/04/2010)
  Appeal against refusal to allow the Official Solicitor to appoint an expert child and family psychiatrist when acting as guardian for parents in care proceedings. Appeal allowed.
• A v Independent News & Media [2010] EWCA Civ 343
  Judgments (08/04/2010)
  Appeal by the Official Solicitor against order allowing the press limited access to hearings under the Mental Capacity Act 2005 involving a gifted, well known but severely disabled adult. Appeal dismissed.
• Walsh v Singh & Ors [2009] EWHC 3219 (Ch)
  Judgments (06/04/2010)
  
• Edwards v Edwards [2010] EWHC 652 (Ch)
  Judgments (05/04/2010)
  Judgment arising from enforcement of a charging order against the matrimonial home where the wife had forged the husband's signature on a mortgage. An order for possession and sale under section 14 of TLATA was made in favour of the bank.
• W (A Child) [2010] EWCA Civ 321
  Judgments (05/04/2010)
  Application by mother for permission to appeal, with appeal to follow, an interim care order. Application refused.
• R (Kang) v Cafcass [2010] EWCA Civ 317
  Judgments (05/04/2010)
  Renewed application for permission to appeal against refusal to grant a father permission to apply for judicial review against Cafcass arising out of his dissatisfaction with the service’s performance in private law proceedings. Application refused.
• I (A Child) [2010] EWCA Civ 319
  Judgments (05/04/2010)
  Application by parents for permission to appeal, with appeal to follow, against refusal to set aside a judgment concerning findings that the mother of a child by a previous father had injured her first eldest daughter. Application granted but appeal dismissed.
• B (Children) [2010] EWCA Civ 324
  Judgments (05/04/2010)
  Application by mother for permission to appeal, with appeal to follow, interim care orders made to allow for assessment away from the mother's home. Application dismissed.
• S (A Child) EWCA Civ 569
  Judgments (05/04/2010)
  Supplementary judgment to S(A Child) EWCA Civ 325 clarifying termination of the interim care order.
• S (A Child) [2010] EWCA Civ 325
  Judgments (05/04/2010)
  Appeal against an order requiring a mother to hand over her son to the father's residence, or if she failed to do so, that the Tipstaff would effect the transfer. Appeal allowed.
• Holliday v Musa [2010] EWCA Civ 335
  Judgments (05/04/2010)
  Appeal against decision that a deceased man was domiciled in England and Wales, so allowing a claim under the Inheritance (Provision for Family and Dependants) Act 1975 to proceed. Appeal dismissed.
• G v E, A Local Authority & F [2010] EWHC 621 (Fam)
  Judgments (04/04/2010)
  Application under Mental Capacity Act 2005 brought by a sister of an adult (E) with severe learning disabilities asking the court to decide, among other things, on whether: i) E has capacity, ii) he has been unlawfully detained and iii) if the latter, damages should be paid.
• Hewett v First Plus Financial Group [2010] EWCA Civ 312
  Judgments (04/04/2010)
  Appeal by wife against order for possession of the matrimonial home by a mortgage company on the grounds that the mortgage being enforced had been agreed by her as a result of undue influence and abuse of trust. Appeal allowed.
• Miller Smith v Miller Smith (No 2) [2009] EWHC 3623 (Fam)
  Judgments (04/04/2010)
  Application by wife for delay in pronouncing decree absolute pending conclusion of the ancillary relief proceedings. Application refused.
• Vaughan v Vaughan [2010] EWCA Civ 349
  Judgments (01/04/2010)
  Appeal by wife against order terminating periodical payments from the husband and refusal of her cross-application for a capitalised lump sum of £560,000. The wife was awarded a lump sum of £215,000.
• Re H (A girl) and L (A boy)
  Judgments (31/03/2010)
  Application by father for the return of two children to Italy under the Hague Convention. Application failed.
• Wade v Baylis [2010] EWCA Civ 257
  Judgments (24/03/2010)
  Application for permission to appeal arising, primarily, from findings concerning beneficial interests following the break up of a cohabiting relationship. Permission refused.
• Ahmed v Khan [2010] EWCA Civ 290
  Judgments (24/03/2010)
  Applications for permission to appeal by husband and associates refusal to strike out wife's pleadings that shares and assets in family companies were held on constructive trust for the husband. Applications refused.
• R (A Child) [2010] EWCA Civ 303
  Judgments (24/03/2010)
  Appeal by mother against shared residence order on the grounds that it may have been made as a result of procedural unfairness. Appeal dismissed.
• Barrett v Kirklees Metropolitan Borough Council [2010] EWHC 467 (Admin)
  Judgments (24/03/2010)
  Application by special guardian for a fresh assessment of the allowances payable to her. A new assessment backdated to March 2006 was ordered.
• G (A Child) [2010] EWCA Civ 300
  Judgments (24/03/2010)
  Application by mother for permission to appeal refusal to allow leave to apply for discharge of a special guardianship order in favour of the child's grandmother. In the event the matter was settled by consent but Wilson LJ provides guidance on the correct approach to be taken in the future.
• A v L [2010] EWHC 460 (Fam)
  Judgments (21/03/2010)
  Contested petition for divorce by wife on grounds of unreasonable behaviour. Application by husband for adjournment pending release of funds on account of litigation costs refused. Decree nisi granted.
• Amin v Amin (supplemental) [2010] EWHC 528 (Ch)
  Judgments (21/03/2010)
  Judgment in quantum meruit claim concerning services provided by daughter to family company. The claimant was awarded £105,000.
• CMEC v Beesley & Wyman [2010] EWHC 485 (Ch)
  Judgments (19/03/2010)
  Applications by CMEC seeking not to be bound by an individual voluntary arrangement in respect of one of the respondents who owed £25,000 in child maintenance arrears. The applicant was found to be a creditor but the IVA was revoked as unfairly prejudicial.
• N (A child) [2009] EWCA Civ 1563
  Judgments (19/03/2010)
  Appeal against findings of fact where the appellants had been found to be possible perpetrators of injuries to a child of a friend. Appeal dismissed.
• R v R [2009] EWHC 1267 (Fam)
  Judgments (18/03/2010)
  Judgment in big money ancillary relief proceedings following a 22 year marriage, involving substantial inherited wealth, family companies and partnerships. The wife was awarded roughly £7.5m.
• S (A Child) [2010] EWCA Civ 219
  Judgments (18/03/2010)
  Application for permission to appeal by mother against an order transferring residence of a child to the father, primarily on the grounds that there was no evidence to sustain the judge's change of attitude on the matter. Application refused.
• C (Children) [2010] EWCA Civ 239
  Judgments (17/03/2010)
  Application by father for permission to appeal, with appeal to follow, order in private law proceedings requiring him, at a scheduled hearing, to disclose information relating to communications and meetings with his local MP. Application granted, appeal refused.
• A v Ward [2010] EWHC 538 (Fam)
  Judgments (17/03/2010)
  Judgment arising out of written request by BBC to clarify an order disapplying s12 of the Administration of Justice Act to allow parents wrongly involved in care proceedings to publicise their experiences. The order was amended under the slip rule.
• L v K (Jud)
  Judgments (16/03/2010)
  Judgment in ancillary relief proceedings involving conduct, inherited wealth and post-nuptial agreements where the husband had been convicted and jailed for sexually abusing his step-granddaughters and the main family wealth was inherited by the wife. There was no award made to the husband.
• L v K (Jud re Costs) [2009] EWCH 2213
  Judgments (16/03/2010)
  Judgment concerning costs in ancillary relief proceedings involving conduct, inherited wealth and post-nuptial agreements and where the husband had been convicted and jailed for sexually abusing his step-granddaughters. The husband was ordered to pay a £50,000 contribution to the wife's costs because of his conduct in the proceedings.
• Birmingham City Council v AG and others [2009] EWHC 3720 (Fam)
  Judgments (12/03/2010)
  Judgment in care proceedings relating to threshold criteria where one of six children in a family had been suspected of starving to death.
• W v W [2010] EWHC 332 (Fam)
  Judgments (12/03/2010)
  Application by father for return of three children to the Republic of Ireland under the Hague Convention. Application failed.
• Lyons v Lyons [2010] EWCA Civ 177
  Judgments (12/03/2010)
  Application by wife for permission to appeal, with appeal to follow, an order in ancillary relief proceedings where, in a clean break, the husband was allowed time to rearrange security charged against properties owned by the wife. Application granted and appeal allowed in part.
• Wakefield MDC v The Media and others
  Judgments (11/03/2010)
  Application by birth parents of adopted children to lift or vary injunctions preventing them from publicising what they consider were the injustices they had suffered.
• Marano v Marano [2010] EWCA Civ 119
  Judgments (11/03/2010)
  Appeal by wife against a lump sum order in ancillary relief proceedings where the value of the husband's property developments had fallen dramatically between filling of Form E and the trial. Appeal dismissed.
• Francis v Francis [2010] EWCA Civ 182
  Judgments (11/03/2010)
  Application by husband for permission to appeal a second time an order in ancillary relief proceedings. Application granted in part on the ground that it raised an important question about the nature of a rehearing and when to apply Barder rules.
• Agbaje v Akinnoye-Agbaje [2010] UKSC 13
  Judgments (10/03/2010)
  Appeal to the Supreme Court by wife in ancillary relief proceedings under Part III of the Matrimonial and Family Proceedings Act 1984. Appeal allowed unanimously and the order of the High Court restored.
• A (A Child) [2009] EWCA Civ 1548
  Judgments (04/03/2010)
  Application by father for permission to appeal, with appeal to follow, orders in contact proceedings including a s91(14) order. Permission was granted and the appeal relating to the s91(14) order was allowed.
• W (Children) [2010] UKSC 12
  Judgments (03/03/2010)
  Appeal to the Supreme Court by father in care proceedings relating to five children. At issue were the principles guiding the exercise of the court’s discretion in deciding whether to order a child to attend to give evidence in family proceedings. Appeal allowed.
• A Local Authority v S [2009] EWHC 2115 (Fam)
  Judgments (26/02/2010)
  Judgment in care proceedings concerning threshold criteria in a suspected shaken baby case where there was disagreement between some of the experts involved. The threshold was found to have been crossed.
• Di Matteo v Marcus Lee & Co [2010] EWHC 312 (QB)
  Judgments (25/02/2010)
  Claim for damages arising from an alleged failure by the claimant’s solicitors to serve proceedings in time in an action for negligence against two firms of solicitors who had advised him in ancillary relief proceedings. The claimant was awarded £15,000.
• K v L [2010] EWCA Civ 125
  Judgments (25/02/2010)
  Application by husband for permission to appeal an order in ancillary relief proceedings in circumstances where he had been found guilty of sexually abusing his step grand daughters. Application refused.
• Imerman v Tchenguiz [2010] EWCA Civ 126
  Judgments (25/02/2010)
  Application for permission to appeal order concerning restraint on disclosure of irregularly obtained confidential information for use in ancillary relief proceedings. Application granted.
• Jayasinghe v Don Liyanage [2010] EWHC 265 (Ch)
  Judgments (25/02/2010)
  Appeal against decision of a Deputy Adjudicator of the Land Registry cancelling the appellant's application for registration of a restriction on a property on the grounds that she was the sole beneficiary under a resulting trust. Appeal dismissed.
• Karsten v Markham [2009] EWHC 3658 (Ch)
  Judgments (19/02/2010)
  Judgment arising in proceedings to enforce payment of debts between former cohabitants where the defendant claimed that a TR1 form and deed had been signed as a result of undue influence.
• C (A Child) [2010] EWCA Civ 89
  Judgments (19/02/2010)
  Application by mother for permission to appeal, with appeal to follow, an order allowing staying contact for her child with the paternal grandparents where the father had been found to have been guilty of sexual misconduct with his son. Application granted and appeal allowed.
• Re Z [2009] EWHC 3621 (Fam)
  Judgments (19/02/2010)
  Application by husband seeking an order debarring the wife's solicitors from acting for her on the ground that the senior partner of that firm had previously acted, while at another firm, for the husband in financial proceedings with the wife. The order was made on condition of payment for some costs wasted by the wife.
• R (W) v A Local Authority [2010] EWHC 175
  Judgments (16/02/2010)
  Application for judicial review arising out of a late attempt by mother to revoke a placement order in adoption proceedings. Application failed.
• Re D (Children) [2010] EWCA Civ 50
  Judgments (14/02/2010)
  Application by father for permission to appeal to decision to allow his former wife to relocate to Slovakia with their two sons. Application refused.
• Re W (Children) [2010] EWCA Civ 57
  Judgments (14/02/2010)
  Appeal by father against an order in care proceedings directing that a 14 year old girl, who had made allegations of sexual abuse against the appellant, should not be called to give oral evidence. Appeal dismissed.
• Grey v Grey [2009] EWCA Civ 1424
  Judgments (14/02/2010)
  Appeal against order in ancillary relief proceedings where periodical payments were not discounted in the light of the wife's post-separation cohabitation. Appeal allowed.
• Re W [2010] EWHC 205 (Fam)
  Judgments (13/02/2010)
  Application for permission to appeal by doctors seeking to retain anonymity for their part in abortive care proceedings where s12 of the Administration of Justice Act had been disapplied. Application refused.
• R (B) v Cornwall Council [2010] EWCA Civ 55
  Judgments (10/02/2010)
  Appeal by local authority against a judgement in judicial review proceedings that a local authority's decision to charge for community care services was unlawful. Appeal dismissed.
• TE v SH and S [2010] EWHC 192
  Judgments (07/02/2010)
  Judgment arising from application for transfer of residence by father where the mother has been obstructive in allowing contact and the child in question is resistant to contact with the father. Application granted.
• Murphy v Murphy [2009] EWCA Civ 1258
  Judgments (07/02/2010)
  Application for permission to appeal against an award dividing assets 65%/35% in favour of wife. Permission granted; application to adduce further evidence refused; appeal allowed.
• Deticek v Sgueglia (2009) ECJ C-403/09 PPU
  Judgments (07/02/2010)
  Appeal to the European Court of Justice, under the urgent procedure, as to whether there was jurisdiction under Article 20 of the Brussels II regulation as amended. Jurisdiction rejected.
• B v Reading Borough Council and others [2009] EWCA Civ 1515
  Judgments (05/02/2010)
  Renewed application for permission to appeal arising from claims by the applicant of misfeasance and negligence by public officers when investigating suspected child abuse. Application refused.
• S-C (Children) [2010] EWCA Civ 21
  Judgments (05/02/2010)
  Appeal by wife against a committal order for contempt made on the application of a husband arising from allegedly prohibited disclosure by the wife of information wife relating to their contact litigation. Appeal allowed.
• H v Essex County Council [2009] EWCA Civ 1504
  Judgments (05/02/2010)
  Appeal against judicial review decision concerning residence order allowances. Appeal dismissed.
• J v J [2009] EWHC 2654 (Fam)
  Judgments (29/01/2010)
  Judgment in complex, big money ancillary relief proceedings including comments on preparation for trial.
• R ( and others) v Manchester City Council and others [2009] EWHC 3542 (Admin)
  Judgments (28/01/2010)
  Judgment on directions in multiple judicial review claims arising from disputed age assessments.
• M-W (A Child) [2010] EWCA Civ 12
  Judgments (28/01/2010)
  Application by local authority for permission to appeal, with appeal to follow, decision to dismiss care proceedings. Application granted and appeal allowed.
• M (A Child) [2009] EWCA Civ 1486
  Judgments (28/01/2010)
  Application for permission to appeal by guardian against a decision by justices to grant an interim care order to the local authority who intended to move the child to alternative foster carers pending a final hearing. Appeal dismissed.
• Imerman v Imerman (Supplemental Judgment) [2010] EWHC 0064 (Fam)
  Judgments (22/01/2010)
  Supplemental judgment arising from applications concerning use of irregularly obtained confidential information in ancillary relief proceedings. This judgment concerns the forms of the relevant orders, costs, further directions and permission to appeal.
• A v Ward [2010] EWHC 16 (Fam)
  Judgments (21/01/2010)
  Judgment arising from applications concerning disclosure of information about the medical evidence presented in care proceedings and the anonymity of the expert witnesses where the parents had been exonerated as perpetrators of non-accidental injury. The judge ruled that s12 of the Administration of Justice Act can be disapplied and rejected applications for anonymity of the professionals involved to be preserved.
• R (FL) v Lambeth [2010] EWHC 49 (Admin)
  Judgments (21/01/2010)
  Judicial review application where the claimant, a 17 year old girl, submitted that the local authority had failed to assess her needs under s17 of the Children Act 1989 and failed to have proper regard to their welfare duties under s11 of the Children Act 2004. Application failed.
• Leigh v Hudson [2009] EWCA Civ 1442
  Judgments (21/01/2010)
  Application for permission to appeal against finding that a ceremony in South Africa did not constitute a marriage. Application refused.
• Imerman v Imerman [2009] EWHC 3486 (Fam)
  Judgments (21/01/2010)
  Judgment concerning applications in ancillary relief proceedings arising from potential use and retention of irregularly obtained, confidential information.
• Amin & Amin v Amin & Others [2009] EWHC 3356 (Ch)
  Judgments (09/01/2010)
  Judgment arising from a complex family dispute involving family businesses and properties including applications under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) concerning beneficial interests and occupation rent with regard to the main family home.
• Moore v Moore [2009] EWCA Civ 1427
  Judgments (08/01/2010)
  Application for permission to appeal, with appeal to follow, refusal to overturn liabilities under orders for maintenance pending suit on the grounds that the petition in this jurisdiction had been withdrawn.
• O-M (Children) [2009] EWCA Civ 1405
  Judgments (08/01/2010)
  Reasons for dismissal of appeal and renewed application for permission to appeal by parents against orders made in care proceedings concerning a refusal to allow instruction of medical experts.