Case Summaries

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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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AS v TH (No 2) (Jurisdiction to Make Final Orders) [2016] EWHC 2825 (Fam)

Judgment of MacDonald J concerning the court’s jurisdiction to make final child arrangement orders in respect of two children.

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P v A Local Authority [2016] EWHC 2779 (Fam)

Judgment as to whether the Legal Aid Agency’s statutory charge in respect of costs incurred in wardship proceedings attached to damages arising from a subsequent claim for breach of human rights.

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Re T-B-N (Children) [2016] EWCA Civ 1098

Appeal against substantial findings of fact in care proceedings.

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Re J (A Minor) (application for permission to Appeal) [2016] EWHC 2766 (Fam

Judgment relating to an application for permission to appeal against a reporting restriction order concerning substantive public law care proceedings. The application was denied.

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Re S (Children) [2016] EWCA Civ 1090

Appeal by a mother in care proceedings following the making of a care order with a care plan for adoption and the court dispensing with the parents’ consent to the same.

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Sandhu v Sandhu [2016] EWCA Civ 1050

Appeal in a TLATA case where it was argued that the judge at first instance had misinterpreted a completion document in relation to the property in dispute which had, it was argued impacted on the quantification of the beneficial interests.

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Goyal v Goyal [2016] EWHC 2758 (Fam)

Judgment of Mostyn J dealing with the issue of pension sharing in relation to an overseas pension.

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Re X (A Child) (No 3) [2016] EWHC 2755 (Fam)

Care proceedings: re-hearing of a fact finding hearing where the parents sought to withdraw from the re-hearing. Munby P decided the re-hearing could and should proceed, and a proper challenge to the witnesses could properly be undertaken by counsel instructed by the guardian which did not, in the unusual circumstances of this case, compromise the guardian’s neutrality.

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Re Y (Children) [2016] EWCA Civ 1091

Appeal following care and placement orders in respect of two children, 7 and 4 years, which, since the parents accepted the inevitability of the care orders, focused on whether the trial judge failed to give proper consideration to whether a placement order was in the best interests of the children.

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Rotherham MBC v MFG Ors [2016] EWHC 2660 (Fam)

Judgment of Cobb J considering an application for wardship to protect a child from child sexual exploitation and an application for life-long reporting restriction orders to prevent the child, her family members and the four associated males from being identified.

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