Case Summaries

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Briers v Briers [2017] EWCA Civ 15

Husband’s appeal against financial remedies order turning principally on two issues: a factual determination as to a 2005 agreement, and delay. Ryder LJ’s judgment reiterates that, in a delay case, it is “beyond argument that the significant delay in making the claim is one of the major factors in play in the subsequent assessment by the court”and considers Wyatt v Vince.

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Iqbal v Iqbal [2017] EWCA Civ 19

Court of Appeal judgment considering the impact of various procedural irregularities on interim and final hearings, and in respect of enforcement proceedings, where the salient issue was the availability of otherwise of family resources to H.

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DB v PB [2016] EWHC 3431 (Fam)

Judgment of Francis J in relation to the wife’s applications for ancillary relief and provision under schedule 1 Children Act 1989 and the husband’s application for sale of the former matrimonial home pursuant to s.17 of the MWPA 1882.

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J v B (Ultra-Orthodox Judaism: Transgender) [2017] EWFC 4

Contact application by a father who now lives as a transgender person in respect of his children who live with their mother in a Charedi community.

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Johnson v Takieddine & Anor [2016] EWHC 1895 (Fam)

Application by a wife under Part III of the Matrimonial and Family Proceedings Act 1984 following foreign divorce in France.

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Gakharia v Georgia – 30459-13 (Judgment (Merits and Just Satisfaction) – Court (Fourth Section)) [2017] ECHR 41

Complaint to the ECtHR that the Georgian Government had breached the applicant’s Article 6 and Article 8 rights by failing to properly summon him to proceedings in which the domestic court restricted his parental rights.

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Re N (Hague Convention – Habitual Residence) [2017] EWHC 63 (Fam)

Judgment of Cobb J in relation to a mother’s application under The Hague Convention and BIIA seeking the return of her daughter N.

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Goyal v Goyal (No. 3) [2017] EWFC 1

Judgment by Mostyn J as to whether a declaration of ownership of pension rights had been set aside by the Court of Appeal, applicability of issue estoppel, a double-limbed periodical payments order and a ‘bolstering injunction’.

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A v B (jurisdiction – Brussels II) [2016] EWHC 2982 (Fam)

Short judgment of Keehan J interpreting the provisions of the court’s residual jurisdiction to hear a Children Act application under s.2(1)(b) of the Family Law Act 1986.

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Bezeliansky v Bezelianskaya [2016] EWCA Civ 76

Appeal regarding the working out and enforcement of orders for financial provision made at the conclusion of divorce proceedings between wealthy Russian spouses.

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Egeneonu v Egeneonu [2017] EWHC 43 (Fam)

Application by mother for a declaration that the contempts of the father, who had removed the parties’ children to Nigeria, were criminal, and not merely civil.

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Mr Justice Bodey departs from equality on basis of unmatched contributions

Judgment gives wife 37.5% of £36.95 million

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In the Matter of the Human Fertilisation and Embryology Act 2008 (Case K) [2017] EWHC 50 (Fam)

Application brought by X (supported by his partner, Y) seeking, together with other relief, a declaration pursuant to section 55A of the Family Law Act 1996 that he is, in accordance with sections 36-37 of the Human Fertilisation and Embryology Act 2008, the legal parent of C1 and C2, where the registrar had refused to register X as C1 and C2’s father because X and Y could not produce the necessary written consents.

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In the Matter of the Human Fertilisation and Embryology Act 2008 (Cases P, Q, R, S, T, U, W and X) Neutral Citation Number: [2017] EWHC 49 (Fam)

Judgment in respect of eight cases in which the partner of the mother of a child born as a result of IVF treatment had applied for a declaration that the partner is the child’s legal parent, following administrative failure by the treating clinic.

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AB (Surrogacy: Domicile) [2016] EWFC 63

An application for parental orders in relation to two children in which the court had to determine whether at least one of the applicants could be said to be ‘domiciled’ in the jurisdiction at the time of the application and at the time of making the order, as required by section 54(4)(b) of the Human Fertilisation and Embryology Act 2008.

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Babiarz v Poland – 1955-10 (Judgment (Merits and Just Satisfaction) – Court (Fourth Section)) [2017] ECHR 13

Application to the European Court of Human Rights concerning an alleged breach of the applicant’s Article 8 and Article 12 rights.

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