Case Summaries

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Re A (A Patient) [2016] EWCOP 38

Costs orders and a civil restraint order in Court of Protection proceedings heard by the President

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Re F (A Minor) [2016] EWHC 2149 (Fam)

Judgment of Hayden J concerning the probity and reliability of a Court expert’s evidence in public law care proceedings.

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W (A Child) [2016] EWCA Civ 804

Appeal against the making of a secure accommodation order pursuant to s 25 of the Children Act 1989 in relation toa girl aged 17 years and 8 months at the time of the application.

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D v D (Fertility Treatment: Paperwork Error) [2016] EWHC 2112 (Fam)

The latest in the series of cases focusing on applications for a declaration of parentage on the birth of a child following fertility treatment.

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Morris v Morris [2016] EWCA Civ 812

Husband’s appeal to the Court of Appeal against orders for variation of maintenance, committal and costs.

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A & Another v C & Another [2016] EWFC 4

Judgment of Mrs Justice Theis in an application for parental orders made after the six month time period. Application allowed.

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MB v Secretary of State for Work and Pensions [2016] UKSC 53

Supreme Court judgment as to whether the Council Directive 97/7/EEC on the Progressive Implementation of the Principle of Equal Treatment for Men and Women in Matters of Social Security precludes the imposition in national law of a requirement that, in addition to satisfying the physical, social and psychological criteria for recognising a change of gender, a person who has changed gender must also be unmarried in order to qualify for a state retirement pension. The appellant, a transgender woman who has not applied for a full gender recognition certificate, has been denied a state retirement pension after her 60th birthday. Referral made to the European Court of Justice.

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Re A [2015] EWHC 1756 (Fam)

Successful application for a parental order in relation to a 7-month old child born in South Africa following a surrogacy arrangement.

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West Sussex County Council v Alma [2016] EWHC 2009 (Fam)

Judgment in care proceedings concerning a child of 19 months who, it appears, has been trafficked. Application to dispense with parental consent in circumstances where the parents could not be found.

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Veiga Da Silva Braga v Portugal – 39507 -13 (Judgment (Merits and Just Satisfaction) – Court (Fourth Section Committee)) [2016] ECHR 702

Judgment in the European Court of Human Rights concerning an applicant’s claim that delays in enforcement proceedings against her former husband for unpaid child support constituted a breach of her Article 6 rights.

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R (C & Others) v London Borough of Southwark [2016] EWCA Civ 707

Judicial review appeal by mother and four dependent children challenging the local authority’s policy or practice under s.17 Children Act 1989 re financial support and asserting a breach of Article 8 rights.

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MG v FG (Schedule 1 – Application to strike out Estoppel Legal Costs Funding) [2016] EWHC 1964 (Fam)

Cross applications for strike out of the mother’s Schedule 1 Children Act 1989 application and for a legal services funding order.

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W (A Child) [2016] EWCA Civ 793

Successful appeal by prospective adopters against decision to refuse adoption order and grant an SGO to paternal grandparents.

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Re C (A Child) [2016] EWCA Civ 798

Appeal brought by Guardian News and Media Ltd, against the decision of Pauffley J, who had previously dismissed their application for publication of the 2014 decision of Eleanor King J concerning the surviving sibling of Ellie Butler. Appeal allowed.

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Goyal v Goyal [2016] EWCA Civ 792

Court of Appeal judgment confirming that injunctions made under section 37 Senior Courts Act 1981 can only be made in support of existing substantive powers.

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Re L (Habitual Residence – Domestic Abuse) [2016] EWHC 1844 (Fam)

Judgment of Cobb J determining the habitual residence of a child where a provisional view of the court’s jurisdiction had already been given by a different judge and accepted by the legal representatives acting for the parties at that time.

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