Case Summaries

Z (A Child) (Egyptian fostering UK adoption) [2016] EWHC 2963 (Fam)

Judgment arising from an application for an adoption order in respect of Z, a girl who is now six, who was born in Egypt on or about 29th October 2010 to unknown parents and was found abandoned.

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Goddard-Watts v Goddard-Watts [2016] EWHC 3000 (Fam)

Re-hearing of financial remedies application following non-disclosure, court proceeding to build upon fairness of previous award rather than start with a ‘blank slate.’

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X (No 2. Declaration that X has capacity) [2016] EWCOP 50

Judgment of Mr Justice Holman sitting in the Court of Protection concerning the capacity of P in relation to proceedings concerning the package of care required to enable him to live at home.

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Z (A Child) (Egyptian fostering UK adoption) [2016] EWHC 2963 (Fam)

Judgment arising from an application for an adoption order in respect of Z, a girl who is now six, who was born in Egypt on or about 29th October 2010 to unknown parents and was found abandoned.

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Robert v Woodall [2016] EWHC 2987 (ch)

Dismissal of an oral renewal by a Trustee in Bankruptcy appealing the strike out of a claim under sections 23 and 24 of the Matrimonial Causes Act 1973.

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P (A Child) [2016] EWCA Civ 1127

Application for permission to appeal out of time with appeal to follow in relation to: (i) the summary dismissal of the mother’s application for a section 34 contact order; and, (ii) the making of a section 91(14) order.

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Re AD and AM (Fact-finding: Rehearing) [2016] EWHC 2912 (Fam)

Re-hearing in relation to a 2013 fact-finding, which had concluded that a mother had caused life-threatening injuries to her son and that these were non-accidental. Cobb J sets out the core principles of a re-hearing.

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L (Children) [2016] EWCA Civ 1110

The Court of Appeal revisits the subject of interim care orders made in the context of longstanding neglect.

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H-C (Finding of Fact: Rehearing) [2016] EWFC 48

Finding of deliberate smothering of an infant set aside on appeal followed by a rehearing which concluded the local authority failed to establish the fact of deliberate smothering.

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H (Children) [2016] EWCA Civ 1131

Appeal by mother against placement orders in respect of her three youngest children on the grounds that that judge’s approach was not Re B-S compliant. Appeal allowed and remitted for rehearing.

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An NHS Foundation Trust v T [2016] EWHC 2980 (Fam)

Decision of Mr Justice Peter Jackson in relation to an application for declarations in respect of treatment, including the administration of blood products, to a two year old boy, T, whose parents are Jehovah’s Witnesses.

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Akester v Fitzgerald [2016] EWHC 2961 (Fam)

Judgment in respect of a litigant in person arising from applications to stay execution of an order in financial remedy proceedings and for revocation of orders in the Court of Protection. Applications dismissed.

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Re JS (Disposal of Body) [2016] EWHC 2859 (Fam)

Judgment by Peter Jackson J concerning an application by a 14-year old girl suffering from a rare form of terminal cancer for orders to secure her wish to be cryo-preserved upon death.

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Re W (A Child) [2016] EWCA Civ 1140

Appeal considering whether a witness in family proceedings, who is the subject of adverse judicial findings and criticism, and who asserts that the process in the lower court was so unfair as to amount to a breach of his/her rights to a personal and private life under ECHR Art 8, can challenge the judge’s findings on appeal; and, if so, on what basis and, if a breach of Article 8 is found, what the appropriate remedy is.

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R (on the application of Cunningham) v Hertfordshire County Council & Another [2016] EWCA Civ 1108

Appeal against dismissal of a claim for judicial review concerning the provision of support for a looked after child.

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Re Clarke [2016] EWCOP 46

Judgment as to whether the court had jurisdiction in respect of the welfare of an elderly woman who had lived abroad for several years. Applying Al-Jeffery [2016] EWHC 2151 (Fam) , Jackson J determined that the inherent jurisdiction of the High Court was applicable.

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