Case Summaries

London Borough of Brent v D and Ors (Compliance with Guidelines on Judges Meeting Children) 2017 EWHC 2452 (Fam)

Judgment of MacDonald J in care proceedings in which he considers the issues of compliance with the "Guidelines for Judges Meeting Children who are Subject to Family Proceedings" [2010] 2 FLR 1872 and with compliance with case management directions.

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Re B (A Child) [2017] EWCA Civ 1579

Decision of the President prohibiting the publication of what was intended to be a guidance judgment by a circuit judge concerning the use of covert recordings in private law proceedings. The President makes preliminary observations about the complexity of this increasingly significant issue and invites the Family Justice Council to consider the question.

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Alireza v Radwan & Ors [2017] EWCA Civ 1545

A wife’s successful appeal against a financial remedies order which had provided her and the children with a time-limited occupational interest in properties notwithstanding that there were capital funds available to meet housing needs.

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R v R & Anor [2017] EWCA Civ 1588

Appeal against the discharge of a reporting restriction order in proceedings for financial provision under Matrimonial Causes Act 1973, Part III, and the Children Act 1989.

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P & Ors (Human Fertilisation And Embryology Act 2008) (No 2) [2017] EWHC 2532 (Fam)

Judgment of Munby P in which the President highlights the importance of obtaining a court order where administrative errors invalidate written consent to legal parenthood under the Human Fertilisation and Embryology Act 2008.

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Mazhar v The Lord Chancellor [2017] EWFC 65

Claim for a declaration that rights under the ECHR had been breached and for damages was denied as the court was not empowered to grant the declaration and the damages claim must be considered by a higher court.

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FE v MR & Ors [2017] EWHC 2298 (Fam)

Judgment of Baker J in which he made a ‘highly unusual’ request for transfer of a case under Article 15 of Brussels IIA that had concluded at first instance and was before the appeal court in another Member State.

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DP v PC [2017] EWHC 2387 (Fam)

Judgment of Baker J in a successful appeal in private law children proceedings between two unrepresented parents

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E-R (Child arrangements order – Costs no 2) [2017] EWHC 2535 (Fam)

Application for costs by a “psychological parent” against a father in private law proceedings.

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L-S (Child) [2017] EWCA Civ 1551

Application for permission to appeal by mother against the following orders made in relation to B, the parties’ son: (i) the judge’s refusal to re-open findings of fact; (ii) the judge’s refusal to direct the disclosure to the mother of records of B’s therapeutic contact with an adolescent resource centre; and (iii) providing for B to live with his father, with limited supervised contact with the mother.

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A Child (no approved secure accommodation available; deprivation of liberty) [2017] EWHC 2458 (Fam)

Application by local authority to the High Court to exercise its inherent jurisdiction to authorise the deprivation of liberty of a child aged 13 in circumstances where a secure accommodation placement was not available.

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Egeneonu v Egeneonu (Adjournment of Committal Application) 2017 EWHC 2451 (Fam)

MacDonald J examines the principles relevant to the court in considering an application for an adjournment in committal proceedings.

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Egeneonu v Egeneonu [2017] EWHC 2336 (Fam)

Judgment in proceedings for committal of a father for breach of orders in relation to his retention of the parties’ children in Nigeria. David Williams QC, sitting as a Deputy High Court Judge, considers the principles and procedural issues involved in committal applications.

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London Borough of Wandsworth v M & Ors [2017] EWHC 2435 (Fam)

Re-hearing of care proceedings concerning three boys of mother whose presentation and history suggested a diagnosis of Asperger’s Syndrome. Consideration of capacity under the Mental Health Act of the eldest boy.

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S v S (Relocation) [2017] EWHC 2345 (Fam)

Application by father to remove his two sons to live with him in Switzerland. Application was granted but, due to the highly exceptional nature of these proceedings, a costs order was also made against the father.

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Zimina v Zimin [2017] EWCA Civ 1429

Successful appeal against a lump sum order in favour of the wife under Part III of the Matrimonial and Family Proceedings Act 1984 (“MFPA 1984”) following a Russian divorce.

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