Case Summaries

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Besharova v Berezovsky [2016] EWCA Civ 161

The Court of Appeal rules on a point of construction in consent order of deceased Russian oligarch and former wife.

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Al-Juffali v Estrada & Another [2016] EWCA Civ 176

The Court of Appeal considered international and domestic law and determined that it was wrong to hold that in principle diplomatic immunity could not shield a husband from a wife’s Part III MFPA 1984 claim. However H’s permanent residence in the UK precluded H from availing himself of such protection from W’s financial claims.

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Work v Gray (Phase II: Computation and Distribution) [2016] EWHC 562 (Fam)

Detailed judgment of Roberts J in financial remedy proceedings concerning the applicability and calculation of discounts on certain risk-laden or partially-illiquid investment funds for the purpose of capital distribution following an order for equal sharing of all net assets.

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S v J and Others [2016] EWHC 559 (Fam)

Application for declaratory relief under s17 Married Women’s Property Act 1882 in relation to the beneficial ownership of four residential properties.

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Robertson v Robertson [2016] EWHC 613 (Fam)

Judgment in ‘big money’ financial remedies case in which Mr Justice Holman considers issues of matrimonial and non-matrimonial property, and special contributions.

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Re M [2015] EWCOP 69

Final judgment in long-running Court of Protection proceedings concerning a 29 year old man who has autistic spectrum disorder and a learning disability.

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Re M (Costs) [2014] EWCOP 33

Fact-finding hearing in Court of Protection proceedings concerning a 29 year old man who has autistic spectrum disorder and a learning disability.

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Hammerton v United Kingdom (Judgment ( Merits and Just Satisfaction) – Court (First Section)) [2016]] ECHR 272

Judgment of the ECtHR in respect of an application by a British national who alleged that his committal to prison for civil contempt and the subsequent civil proceedings by which he sought to obtain redress, violated his rights under Articles 5 and 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

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County Durham & Darlington NHS Foundation Trust v SS [2016] EWHC 535 (Fam)

Application by NHS Trust under the inherent jurisdiction for declarations relating to the medical treatment and nursing care of a 7 year old child against the wishes of her parents. Declarations granted.

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BP v DP (Children – Habitual Residence) [2016] EWHC 633 (Fam)

Application by a mother under the Hague Convention for the return of two children to Australia.

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Ciccone v Ritchie (No 2) [2016] EWHC 616 (Fam)

Application for permission to withdraw proceedings under the 1980 Hague Convention. Application granted.

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Ciccone v Ritchie (No 1) [2016] EWHC 608 (Fam)

Mother’s application under the 1980 Hague Convention for the summary return of her 15 year old son to the USA. Review of the principles to be applied when considering whether to make a child a party to proceedings under the Convention.

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PD v SD and Others [2015] EWHC 4103 (Fam)

Keehan J’s judgment on an application for declaratory relief by a 16 year-old young man experiencing gender dysphoria in terms that his adoptive parents do not receive information about his day-to-day life, medical assessment or possible treatment.

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In the Matter of D (Children) (Child Abduction: Practice) [2016] EWHC 504 (Fam)

Hague Convention application in which the President of the Family Division sets out observations as to when, if at all, the court should deal with Hague proceedings in a manner which is not merely ‘summary’ but ‘ultra-summary’.

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Y v Z [2016] EWHC 3987 (Fam)

Application by a father for the committal to prison (or other penalty) of a mother for the alleged contempt of a court order requiring her to return two children to England and Wales from India.

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Re C, D and E (Children) [2015] EWFC 92

Findings of fact relating to threshold in respect of serious and historic abuse perpetrated by A, the father of D (the subject of care proceedings), sought by the local authority on the basis of hearsay evidence.

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