Case Summaries

D (Appeal – Failure of Case Management) [2017] EWHC 1907 (Fam)

Mother’s successful appeal of a case management decision that she, the alleged victim, could be cross-examined by an alleged abuser, the father.

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Amin v Amin [2017] EWCA Civ 1114

Appeal of a final order in a claim for financial relief after an overseas divorce: adjourning an application for a pension sharing order pending the payment (or otherwise) of a lump sum order.

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McIlwraith v Russia – 60393-13 (Judgment – Violation of Article 8 – Right to respect for private and family life)

An applicant father’s successful application to the European Court of Human Rights asserting that the Russian authorities had violated his Article 8 right to private and family life.

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Re N-S (Children) [2017] EWCA Civ 1121

Appeal, in care proceedings concerning seven children, essentially, raising two related questions: (i) what is the extent of a judge’s responsibility to provide reasons in support of orders made at the conclusion of public law children proceedings; and (ii) where there has been a failure to give reasons, but there can be no challenge on appeal to the substantive orders made, what steps, if any, should the appellate court take to redress the lack of adequate reasons.

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Birch v Birch [2017] UKSC 53

Appeal to the Supreme Court by wife against refusal to vary the terms of an undertaking embodied in a consent order for financial provision.

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Carmarthenshire County Council v Y [2017] EWFC 36

Judgment following fact finding in care proceedings.

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Great Ormond Street Hospital v Yates, Gard and Gard [2017] EWHC 1909 (Fam)

Judgment of Francis J, affirming declarations made by him on 11 April 2017, which at the time of this decision were unopposed, in respect of Charlie Gard (“Charlie”).

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Wigan Metropolitan Borough Council v M & Ors [2016] EWFC 13

Judgment by Jackson, J concerning the importance of findings of fact being made in a timely manner. In this case the allegations to be determined were over 20 years old.

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R (On the Application Of AC & SH) v London Borough of Lambeth Council [2017] EWHC 1796 (Admin)

Judgment in judicial review proceedings brought against local authority’s assessment that the children of the claimant were not children in need under the Children Act 1989, s 17.

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S-F (A Child) [2017] EWCA Civ 964

Appeal by a local authority, supported by the guardian and opposed by the parents, in relation to the court’s refusal to make a placement order in respect of a four-year-old boy. Sir Ernest Ryder emphasised, as a matter of good practice, the evidential importance of the ‘permanence report’ (as described in the Adoption Agencies Regulations 2005).

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Re HK (No 1) [2017] EWHC 1710 (Fam)

Judgment of Baker J following an emergency hearing determining the level of medical intervention to be provided to a 3 month old baby

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R (Closed Material Procedure – Special Advocates – Funding) [2017] EWHC 1793 (Fam)

Judgment of Cobb J ordering the Police to pay the costs of Special Advocate and Special Advocates’ Support Office (“SASO”) in closed material sessions arising within care proceedings.

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P-K (Children) [2017] EWCA Civ 965

Appeal against findings made in 2009 of non-accidental injury dismissed

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Human Fertilisation And Embryology Act (Cases AD, AE, AF, AG and AH – No 2) [2017] EWHC 1782 (Fam)

Judgment of the President of the Family Division providing guidance in cases involving applications for declarations of parentage in accordance with section 55A of the Family Law Act 1986 where children had been born following donor insemination but statutory requirements had not been complied with.

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Casey v Cervi [2017] EWHC 1669 (Fam)

Appeal relating to orders recognising and enforcing a previous order made in the Republic of Ireland which transferred the sole custody of a three year old child, E, to her father. At the time that the order was made, E had been living in England with her mother for a year together with her half-sister.

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W (A Child – No 4) [2017] EWHC 1760 (Fam)

Munby P dismisses application to set aside an adoption order, and prevent removal of the child from the jurisdiction, on the grounds of alleged fraud and dishonesty.

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