Case Summaries

Re DM and LK [2016] EWHC 270 (Fam)

Application by the genetic parents for a parental order in respect of a child born in October 2014). The respondents (the surrogate mother and her husband) did not oppose the application; however the case required careful consideration due to the improper procedures followed during the transfer process. The parental order was made.

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Nottingham City Council v LM and others [2016] EWHC 11 (Fam)

Application in relation to a newborn baby for an ICO with a care plan for removal in which Keehan J strongly criticises local authority failings and sets out vital good practice for future cases.

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Re AD and AM (Finding of Fact – Non-accidental Injury) [2013] EWHC 4859 (Fam)

Fact-finding concluding that the mother caused life-threatening injuries to 10 month old baby.

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Re AD and AM (Fact-finding hearing) (Application for re-hearing) [2016] EWHC 326 (Fam)

Following an earlier judgment in which Cobb J concluded that a baby’s mother had caused life-threatening injuries to her son and that these injuries were non-accidental, Cobb J sets out reasons for directing a re-consideration of those findings of fact.

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D v E [2016] EWFC 3

Judgment of Macdonald J in private law children proceedings considering competing applications regarding with whom an 11 year-old boy should live and under what terms he should (a) remain with the maternal aunt under a special guardianship order; or (b) move to live with the father. The judgment contains a scathing assessment of the report and oral evidence of a very junior social worker and the training given to her.

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DB v DLJ [2016] EWHC 324 (Fam)

Mostyn J ruling that courts can interfere with arbitral awards in cases of fraud, mistake or supervening event, but finding that it should not do so in this instance.

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Re W (Children) [2016] EWCA Civ 113

Appeal against the decision in respect of media reporting of a fact finding hearing in the much reported Poppi Worthington case.

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R (on the application of M) v Human Fertilisation & Embryology Authority [2016] EWCA Civ 102

Application for permission to appeal against an order dismissing the appellants’ claim for judicial review of a decision of the respondent, the Human Fertilisation and Embryology Authority, where the appellants had sought to have the gametes of their daughter exported to a treatment centre in New York.

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Birmingham City Council v SK [2016] EWHC 310 (Fam)

Local Authority application to discharge an injunction against an individual who had been mistakenly identified as a perpetrator of child exploitation.

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NR v AB [2016] EWHC 277 (Fam)

Needs case with arguments about the doctrines of resulting and constructive trusts, nuptial settlements and Thomas v Thomas resources.

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Re CS (Termination of Pregnancy) [2016] EWCOP 10

Judgment concerning an application by an NHS Trust for orders in respect of a young woman CS who was said to lack capacity and in respect of whom the Trust sought an order that it would be in her best interests to undergo surgery terminating her current pregnancy.

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Re K (Children) [2016] EWCA Civ 99

Father’s successful appeal against a child arrangements order granting him only indirect contact with his children for an unspecified period of time. The lower court had failed to consider the range of alternatives available before rejecting the application for direct contact.

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Mann v Mann [2016] EWHC 314 (Fam)

Judgment of Roberts J in which she calculated outstanding arrears due to a wife after 17 years of litigation, considered the applicability of s 24 Limitation Act 1980 to claims for interest on unpaid financial orders, and also considered recent developments concerning the burden of proof for committal under s 5 Debtors Act 1869.

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Re W (Children) (Abduction Striking Out) 2015 EWHC 4002 Fam

Pre-trial review on the father’s application under the Hague Child Abduction Convention and BIIa for the return to Spain of two children, age 7 and 6. Baker J addresses the mother’s applications for (1) strike out and (2) psychological assessment.

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AB v CD [2016] EWHC 10 (Fam)

Application by a former husband in financial remedy proceedings to set aside a consent order on the basis of an allegation that, at the time of the agreement, his former wife failed to make full and frank disclosure in relation to a company of which she was both a director and shareholder. Consent order set aside and matter relisted for further directions.

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Rapp v Sarre (formerly Rapp) [2016] EWCA Civ 93

Financial remedies appeal challenging the use of capital to meet needs, the treatment of high-risk investment assets and a departure from equality based on conduct.

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