Case Summaries

Re F & M (Children) (Thai Surrogacy) (Enduring family relationship) [2016] EWHC 1594 (Fam)

Application for parental orders in respect of twins born conceived by way of IVF subsequent to a commercial surrogacy agreement entered into between the applicants (a British couple) and the respondent birth mother (a Thai national).

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Re A (A Child) [2016] EWCA Civ 759

Appeal by mother against a declaration that it was lawful and in her child’s best interest to remove his respiratory support and to offer pain relief.

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Krapivin v Russia – 45142-14 (Judgment (Merits and Just Satisfaction) – Court (Third Section)) [2016] ECHR 644

European Court of Human Rights judgment concluding that there had not been an Article 8 violation when a Russian court dismissed an application for contact nor an Article 6 violation when a hearing proceeded in a party’s absence.

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Grant & Another v Baker [2016] EWHC 1782 (Ch)

Successful appeal by the trustees in bankruptcy of the first respondent against an order that the sale of a property owned by the first and second respondents be postponed until the respondents’ disabled adult child no longer resided at the property.

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D (A Child – Jurisdiction – Habitual Residence) [2016] EWHC 1689 (Fam)

Judgment of HHJ Bellamy (sitting as High Court judge) determining the habitual residence of a child as a preliminary issue.

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London Borough Tower Hamlets v B [2016] EWHC 1707 (Fam)

Hayden J gives detailed judgment in care proceedings concerning the radicalisation of children by or within their family to join ISIS and/or engage in jihadist activities or support.

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Lewis v Warner [2016] EWHC 1787 (Ch)

Appeal by the sole beneficiary of an estate against a decision under Inheritance (Provision for Family and Dependants) Act 1975 providing the deceased’s cohabitee (who was a man of means) with an option to purchase the property in which he had lived with the deceased.

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Juffali v Juffali [2016] EWHC 1684 (Fam)

Roberts J considers the relevance of a ‘stratospheric’, ‘unimaginably high’ marital standard of living to a Pt III MFPA 1984 claim by a wife, distilling the current jurisprudence on Pt III claims, and providing guidance on ‘needs’ claims in ‘big money‘ cases.

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Z v Z and Others [2016] EWHC 1720 (Fam)

Roberts J considers the quantification element (‘Stage II’) of her decision in W’s Part III MFPA 1984 application following a concluded agreement in Russia and where the assets had been generated were nearly exclusively non-matrimonial.

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Re AO (Care Proceedings) [2016] EWFC 36

Judgment concerning a child, relinquished for adoption by her parents. The local authority’s application for a care order was dismissed, on the basis that threshold was not made out.

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Re X (A Child) (No 2) [2016] EWHC 1668 (Fam)

Application for a reporting restriction order in respect of a judgment handed down in public. Guidance on RRO applications given.

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IW v Secretary of State for Work and Pensions and DW (CSM) (Child support – calculation of income) [2016] UKUT 312 (AAC)

Child support appeal to the Upper Tribunal concerning interpretation of the Child Support Maintenance Calculation Regulations 2012 regarding information being obtained from HMRC and other sources.

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Re N (Children) [2016] EWCA Civ 656

Court of Appeal judgment in an appeal of a decision not to grant leave to apply for contact with the subject child in care proceedings. Appeal allowed

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MCJ v MAJ [2016] EWHC 1672 (Fam)

Judgment of Roberts J in financial remedies case where the total wealth available for distribution was in the order of between £10.5 to £11.6 million in which the husband sought a deviation from the sharing principle on the basis that his wealth had accrued before the marriage and he contended that the wife should leave the marriage with her needs met.

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Re A, B and C (UK surrogacy expenses) [2016] EWFC 33

Applications for parental orders in respect of three children who were all born within 6 months of each other in which Ms Justice Russell considers whether the payments made to the surrogates were for expenses reasonably incurred.

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Malec v Poland 28623-12 [2016] ECHR 588

Father awarded damages after Poland’s treatment of his application for contact with his daughter violated Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

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