Case Summaries

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Mutch v Mutch [2016] EWCA Civ 370

Wife’s successful appeal against a financial remedies order which set aside an order in her favour varying periodical payments. The Court of Appeal concluded that even though the wife’s notice did not contain an express reference to an application for an extension of the term of the periodical payments order, it satisfied the procedural requirements when read alongside the witness statement filed in support.

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Re C (Children) [2016] EWCA Civ 356

Appeal by mother against the decision to hear oral evidence at an appeal hearing against a decision of the Lay Justices and the findings at the subsequent re-hearing held before the same judge. Appeal allowed and case remitted to the Lay Justices.

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W (Medical Treatment – Anorexia) [2016] EWCOP 13

Peter Jackson J’s judgment on a health board’s application to the Court of Protection in relation to the care and treatment of a young woman suffering from life-threatening anorexia.

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Re Z (Recognition of Foreign Judgments) [2016] EWHC 784 (Fam)

Judgment considering the exercise of the court’s powers under the inherent jurisdiction to recognise and enforce orders concerning the medical treatment of children made by the courts of another member state of the European Union.

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Re I (Human Fertilisation and Embryology Act 2008) [2016] EWHC 791 (Fam)

Application for a declaration of parentage in accordance with s.55A Family Law Act 1986, where the relevant consents were given on the wrong form following the implementation of the HFEA 2008.

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In the matter of N (Children) [2016] UKSC 15

Supreme Court judgment concerning the applicability of Article 15 of Brussels IIa to applications for care orders and the proper approach to the assessment of the children’s best interests on applications for transfer of the proceedings.

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E-R (Child Arrangements) [2016] EWHC 805 (Fam)

Judgment as to where a 6 year old girl should live following the death of her mother: whether with her father and his partner or with family friends of her mother, with whom she was currently living.

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A v H (Presumption of Death) [2016] EWHC 762 (Fam)

A short judgment allowing an application for a declaration under the Presumption of Death Act 2013, in tragic circumstances, that the respondent wife was either dead or had not been known to be alive for a period of at least 7 years.

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Y (Children) (No 3) [2016] EWHC 503 (Fam)

The President of the Family Division, Sir James Munby’s judgment following a finding of fact hearing in a case in which he had already given two judgments, Re X (Children), Re Y (Children) [2015] EWHC 2265 (Fam); Re X (Children), Re Y (Children) (No 2) [2015] EWHC 2358 (Fam).

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Re G (Human Fertilisation and Embryology Act 2008) [2016] EWHC 729 (Fam)

Judgment of Munby P concerning the administrative mistake of an IVF clinic and s.42 of the 2008 Act on consent of the gestational mother’s civil partner.

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Liden v Burton [2016] EWCA Civ 275

Court of Appeal upholds first instance decision awarding a former partner a 10% interest in her partner’s property as a result of proprietary estoppel

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L (A Child) [2016] EWCA Civ 173

Appeal from a committal order sentencing the appellant to six months’ imprisonment for breach of a collection order which had been made over eleven years previously. Appeal allowed and guidance given as to the conduct of contempt proceedings.

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Re V [2016] EWHC 668 (Fam)

Judgment of Parker J in dispute as to whether the English court had jurisdiction to hear the wife’s maintenance application.

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LB of Southwark v KA (Capacity to Marry) [2016] EWHC 661 (Fam)

Judgment of Parker J as to whether a 29 year old learning disabled man, KA, lacked the capacity to make decisions on sexual relations and marriage.

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Re K [2015] EWHC 3921 (Fam)

Application for an adoption order by a couple with whom the child had been living since July 2013 when she was 8 months old. The mother had indicated her opposition; however her consent was dispensed with and the adoption order was made.

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FM (A Child) [2016] EWCA Civ 189

Appeal by a mother to Court of Appeal against making of SGO on grounds including that it was an unnecessary and disproportionate interference with Article 8 rights. Appeal dismissed.

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