Case Summaries

Re C (A Child) (No 2) (Application for Public Interest Immunity) [2017] EWHC 692 (Fam)

Judgment in relation to the claim by the Secretary of State for the Home Department for Public Interest Immunity in relation to documents ordered to be disclosed into care proceedings.

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Z (A Child) [2017] EWCA Civ 157

Appeal against case management order concerning which party should bear the cost of translating documents in public family law proceedings.

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Re D and Others (Children) [2017] EWHC 284 (Fam)

Judgment on the issue of costs arising from an application under the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

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W (A Child – Temporary Removal From the Jurisdiction) [2016] EWFC 4

Judgment on a father’s application to take his child on holiday to a country that is not a signatory to the Hague Convention.

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B v B (Fertility Treatment – Paperwork Error) [2017] EWHC 599 (Fam)

Application for declaration of parentage in respect of a child, of an unmarried couple, born as a result of fertility treatment where the clinic had made a paperwork error concerning consent.

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Assoun v Assoun [No 1] [2017] EWCA Civ 21

Judgment of the Court of Appeal concerning the principles surrounding the making of a Hadkinson order.

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Owens v Owens [2017] EWCA Civ 182

Appeal by wife from the refusal to grant her a decree nisi of divorce following a petition founded on section 1(2)(b) of the Matrimonial Causes Act 1973 even though the judge had, correctly, found as a fact that the marriage has broken down.

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Re TL [2017] EWCOP 1

Unsuccessful application for permission to appeal against orders made in proceedings concerning a 41-year-old woman with a learning disability and some features of autism.

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Re SU and SA (Children) [2017] EWHC 441 (Fam)

Judgment of Baker J following a referral by HM Passport Office regarding renewal of British passports in the names of three teenage girls (two of whom were wards of court) who were living in Australia with their father and whose mother objected to the renewal.

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Re B (A Child by her Guardian) [2017] EWHC 488 (Fam)

Application by non-biological mother for a child arrangements order in respect of B, now living with the mother in Pakistan, to spend time with the applicant, for telephone and Skype contact, and for indirect contact by way of letter.

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HB v A Local Authority and Anor (Wardship – Costs Funding Order) [2017] EWHC 524 (Fam)

Judgment of MacDonald J determining whether the High Court has power, under its inherent jurisdiction, to make a costs funding order against a local authority requiring it to fund legal advice and representation for a parent in wardship proceedings brought by the local authority where that parent had lawfully been refused legal aid.

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DW and Another v CG [2016] EWHC 2965 (Fam)

Appeal concerning the effect of Party A’s bankruptcy and declaration of trust on Party B’s equitable interest in Party A’s property arising out of an historical consent order.

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Ilott v The Blue Cross & Ors [2017] UKSC 17

Supreme Court judgment concerning quantum of award under the Inheritance (Provision for Family and Dependants) Act 1975 to the estranged daughter of the deceased whose will made no provision for the daughter.

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DJ v Secretary of State for Work and Pensions and TJ (CSM) (Child support – receipt of benefit) [2017] UKUT 83 (AAC)

Appeal concerning whether a father’s liability to pay child support should end when a child is in full-time employment. Appeal allowed and remitted for rehearing.

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Martin v Williams [2017] EWHC 491 (Ch)

Appeal by widow of deceased against an award under the Inheritance (Provision for Family and Dependants) Act 1975 in favour of the deceased’s partner who was living with him at the time of his death.

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Re C (A Child) [2016] EWHC 3473 (Fam)

Application by local authority, under the inherent jurisdiction, to seek permission pursuant to section 100 of the Children Act 1989 to obtain the court’s authorisation of what the local authority contended is the deprivation of liberty of 15-year-old in his current residential unit.

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