Case Summaries

Mansour v Slovakia – 60399-15 (Judgment – Violation of Right to respect for private and family life (Positive obligations Respect…) [2017] ECHR 102

The European Court of Human Rights found that the Slovakian courts had breached the Applicant‘s Article 8 rights in the length of time taken to enforce a return order under Brussels II bis.

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PW & Ors v Luton Borough Council [2017] EWHC 3028 (Fam)

Third party costs orders: whether the Legal Aid Agency had acted unreasonably as to have increased costs of the claimants by failing to state whether the statutory charge relating to the costs of care proceedings would apply to the claimant’s recovery of damages under the Human Rights Act 1998.

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M (A Child – secure accommodation order) [2017] EWHC 3021 (Fam)

Application under s.25 of the Children Act 1989 highlighting the shortage of secure accommodation resources

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T (A Child) [2017] EWCA Civ 1889

Appeal concerning the extent to which a family court may exercise its jurisdiction to grant a non-molestation injunction under the Family Law Act 1996 to protect a child who is the subject of a full care order

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The County Council of the City and County of Cardiff v Matthew Scully-Hicks and Others [2016] EWFC

Judgment of Moor J in care proceedings concerning ‘C’, the sibling of Elsie Scully-Hicks who was murdered by her adopted father, Matthew Scully-Hicks.

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S v S (Application to Prevent Solicitor Acting) [2017] EWHC 2660 (Fam)

Application made by husband in divorce proceedings for an order that his wife’s solicitor be debarred from acting for her in the proceedings.

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Re His Royal Highness the Duke of Windsor (Deceased) [2017] EWHC 2887 (Fam)

Application by the Librarian and Assistant Keeper of the Queen’s Archives for a full copy of the will and codicil of the Duke of Windsor for research purposes.

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Re W (Children), SW (No 2) [2017] EWFC 74

Decision of the President of the Family Division, granting permission to disclose and/or communicate documents arising from care proceedings for the purposes of proposed proceedings in the European Court of Human Rights, subject to the safeguards set out within the annexed order.

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Re DO and BO [2017] EWHC 858 (Fam)

Mother’s unsuccessful application for permission to take her two sons to China for a holiday – judgment of Baker J

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Radseresht v Radseresht-Spain [2017] EWHC 2932 (Fam)

The husband sought, pursuant to ss 45 and 55 Family Law Act 1986, recognition of a divorce granted in Dubai in 2009 and, further, strike out of the petition of the wife brought in the jurisdiction of England and Wales.

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R (A Child – whether to revoke Placement Order) [2017] EWHC 2924 (Fam)

Hayden J considers revocation of placement order application in circumstances where an SGO could be made.

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H (A Child – Surrogacy Breakdown) [2017] EWCA Civ 1798

Court of Appeal dismisses an appeal from the decision of Theis J following the breakdown of an intended surrogacy arrangement.

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B (Children) [2017] EWCA Civ 1635

Appeal brought by the local authority and supported by the guardian seeks to challenge the overall fairness of a hearing concerning two young children.

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Re X (A Child) (Female Genital Mutilation Protection Order) (Restrictions on Travel) [2017] EWHC 2898 (Fam)

A highly sensitive case concerning whether a travel ban should be imposed to prevent a child from visiting her father in Egypt, given the prevalence of FGM in Egypt and the risk that the practice might be carried out by the paternal family.

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Hayes v Hayes [2017] EWHC 2806 (Ch)

Appeal by former wife against the dismissal of her application to set aside a statutory demand, served upon her by her former husband, in respect of various debts pursuant to several court orders in proceedings between the parties.

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Richardson-Ruhan v Ruhan [2017] EWHC 2739 (Fam)

Decision of Mostyn J in relation to the computation of assets in a Wife’s claim for financial remedies following divorce.

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