Case Summaries

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Re SW (No 2) [2017] EWCOP 30

Application by son for a declaration from the Court of Protection, under its inherent jurisdiction, that ‘it shall be unlawful for the Inland Revenue to effect forced entry of the property of P or to restrict P’s liberty of movement without permission from the Court of Protection’. Application refused.

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Borg v El Zubaidy [2018] EWHC 432 (Fam)

Judgment on a mother’s application to commit the respondent father of their three children to prison for breach of an order requiring him to cause the return of the children to the jurisdiction. Application granted and respondent committed to twelve months’ imprisonment.

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Bloom v Bloom [2018] EWFC B10

Third judgment of Mr Recorder Cusworth QC in these proceedings following findings of serious fraud made against the husband. The wife successfully applied for (1) publication of the previous judgments in un-anonymised form and (2) forwarding of the judgments to relevant authorities.

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Lukjanenko v Medway Council [2018] EWCA Civ 612

Dismissal of appeal against an order imposing a sentence of imprisonment for breach of reporting restriction and Protection from Harassment Act injunctions.

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Re W [2018] EWCA Civ 664

Appeal by mother against an order that the parties’ children should be summarily returned to the USA in accordance with the 1980 Hague Child Abduction Convention.

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Bloom v Bloom [2017] EWFC B109

Judgment in financial remedy final hearing.

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Bloom v Bloom [2017] EWFC B108

Judgment within financial remedy proceedings in respect of a preliminary issue concerning ownership of a villa in the South of France.

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DO & BO (Temporary Relocation to China), Re [2017] EWHC 858 (Fam)

Judgment of Baker J refusing the mother’s application for permission to take her two sons to China for a holiday.

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AAM v KG [2018] EWHC 283 (Fam)

Judgment by Baker J in appeal by a husband against two orders by which (i) a decree of nullity was granted, and (ii) an application to have it set aside was refused. Appeal disallowed.

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Maughan v Wilmot [2018] EWHC 273 (Fam)

Judgment of Mostyn J in which he backdated and capitalised periodical payments, ordered costs, froze assets and made injunctions against the respondent.

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Y v H & Anor [2017] EWHC 3698 (Fam)

Judgment as to whether the courts of England and Wales had jurisdiction over a nine-year-old boy in respect of matters of parental responsibility or whether jurisdiction rested with the courts of Northern Ireland.

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Hart v Hart [2018] EWHC 549 (Fam)

Sentencing decision in respect of the finding of the husband acting with contemptuous disregard of orders and an undertaking in Hart v Hart [2018] EWHC 548 (Fam)

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Hart v Hart [2018] EWHC 548 (Fam)

Decision in protracted enforcement and committal proceedings following repeated failures by a husband to provide documentation required to allow the wife to take over the running of a company

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Herefordshire Council v AB [2018] EWFC 10

Judgment of Keehan J in “two of the most egregious abuses of section 20 accommodation” by local authorities.

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French v The Secretary of State for Work and Pensions & Anor [2018] EWCA Civ 470

Decision of the Court of Appeal confirming that the winnings of a professional gambler with no other source of income were not ‘earnings’ to be taken into account for the purposes of a child maintenance assessment.

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Re M [2018] EWCOP 4

Appeal in relation to decisions taken in family proceedings and the approach taken by the same judge in related Court of Protection proceedings.

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