Case Summaries

Habberfield v Habberfield [2018] EWHC 317 (Ch)

Application by daughter claiming entitlement to the entirety of the family farm, owned by her deceased father, or such lesser sum as the court thought fit. The claim was brought against her mother in proprietary estoppel and alternatively under the Inheritance (Provision for Family and Dependants) Act 1975.

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G (A Child) [2018] EWCA Civ 305

Appeal concerning a dispute arising from a child arrangement order involving consideration as to whether section 10 Children Act 1989 applies where there is no application before the court.

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WS v HS [2018] EWFC 11

Judgment of Cobb J in a financial remedy appeal in which he set aside an interim order for sale of the former matrimonial home.

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P v Secretary of State for Work and Pensions and P (CSM) (Child support – property and capital transfers) [2018] UKUT 60 (AAC)

A decision of the Upper Tribunal in an application to vary a nil assessment for child maintenance, setting aside a decision of the first-tier tribunal for calculation errors relating to the non-resident father’s shareholding in a company.

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MJ v Secretary of State for Work and Pensions and FD (CSM) (Child support – cancellation) [2018] UKUT 42 (AAC)

Upper Tribunal decision concerning whether the First tier Tribunal had jurisdiction in relation to a claim under the “old child support scheme” in circumstances where no maintenance assessment was now in force (the children having ceased to be of qualifying age).

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A v B [2018] EWHC 328 (Fam)

Appeal against (i) the refusal to grant permission to a mother to move her 8-year old child to Poland, and (ii) the making a shared care arrangement.

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Kerman v Akhmedova [2018] EWCA Civ 307

Solicitor’s appeal against an order made by Haddon-Cave J in financial remedy proceedings involving “enormous wealth,” requiring him to attend court to give evidence.

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L (A Child) [2018] EWCA Civ 238

Separate applications by the mother and the maternal grandparents for permission to appeal against care orders.

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Alder Hey Children’s NHS Foundation Trust v Evans & Anor [2018] EWHC 308 (Fam)

Judgment of Hayden J sanctioning the withdrawal of life-sustaining ventilation for Alfie Evans.

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Buehrlen v Buehrlen [2017] EWHC 3643 (Fam)

Moor J rejects the submission that the ‘necessity’ requirement for expert evidence should be applied differently in children and money cases, and makes general comment on the usefulness of employment experts.

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R (Children) [2018] EWCA Civ 198

Appeal by father against findings of a fact-finding hearing that he had "used unreasonable force and unlawfully killed the mother". Judgment of the Court of Appeal focuses on (i) the extent to which, if at all, the Family Court should import elements of criminal law into a fact-finding determination within child care proceedings; and (ii) whether the amount of time allowed for preparation by the father’s legal team in this case was so constricted that the resulting trial was unfair within the terms of Article 6 of the European Convention on Human Rights.

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M (A Child) [2017] EWCA Civ 2356

Successful appeal by a Father in a relocation case where the Mother had been granted permission to relocate at first instance. The Court of Appeal commented that the first instance judgment had not been adequately reasoned nor was there adequate explanation for departing from the CAFCASS recommendation.

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Guidance to family courts: payment for intermediaries and intermediary assessments

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In the matter of C (Children) [2018] UKSC 8

Supreme Court judgment determining that (i) the 1980 Abduction Convention cannot be invoked if by the time of the alleged wrongful act, whether by removal or retention, the child is habitually resident in the state where the request for return is lodged; and (ii) repudiatory retention is possible in law. The Supreme Court was unanimous on the principles but Lords Kerr and Wilson gave dissenting judgments on the outcome of the case on its facts. Appeal by mother allowed; cross-appeal by father dismissed.

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Re J [2018] EWFC 8

Application to appeal a step-parent adoption order where the mother and her husband misled the court about their knowledge of the father’s identity.

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ELO v CLO (recognition of a Nigerian adoption order) [2017] EWHC 3574 (Fam)

Declaration of recognition of a foreign adoption order, made in Nigeria, made by Theis J.

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