Case Summaries

Re TW and TM (Minors) [2015] EWHC 3054 (Fam)

Appeal by the father against child maintenance orders made under Schedule 1 to the Children Act 1989. Appeal allowed and remitted the matter for rehearing.

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Tickle v The Council of the Borough of North Tyneside [2015] EWHC 2991 (Fam)

Applications by a journalist and local authority by which the former sought permission to report certain care proceedings whilst the latter sought a reporting restriction order. Agreed order approved.

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A Local Authority v S [2015] EWHC 3010 (Fam)

Local Authority application for a secure accommodation order under s.25 Children Act 1989 or alternatively, under the High Court’s inherent jurisdiction

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MS v PS [2015] EWHC 2880 (Fam)

Judgment following a final hearing of an application brought by a father for an order under the Hague Child Abduction Convention for the return of his son to Israel.

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KW & Others v Richmond Metropolitan BC [2015] EWCA Civ 1054

Second successful appeal in a Court of Protection case in which the Court of Appeal applies the Supreme Court’s definition of “deprivation of liberty” and also addresses the ambit and procedure of consensual appeals made pursuant to CPR r.52 and PD52A.

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Re A and B (Contact) (No 4) [2015] EWHC 2839 (Fam)

The fourth published judgment from Mr Justice Cobb in a long-running private child dispute between same-sex parents

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F (Child’s Objections) (was Re N on appeal) [2015] EWCA Civ 1022

Appeal by father against the decision by the trial judge to order the return of the parties’ children to their mother in Australia, following their wrongful retention by their father.

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A (Children: Adoption: Long Term Foster Care), Re [2015] EWCA Civ 1021

Appeal against refusal to make care orders (and placement orders) based on care plans for adoption.

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M-B (Children) [2015] EWCA Civ 1027

Appeal by local authority following a fact finding hearing in which the judge determined not to make findings that the fractures suffered by the child were the result of non–accidental injury. The appeal was allowed and the matter was remitted for a hearing de novo.

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S (A Child) [2015] EWCA Civ 1015

Father’s appeal against final care order dismissed. Court of Appeal gives guidance on skeleton arguments, particularly when inheriting a case from a litigant in person.

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Mackay v Mackay [2015] EWHC 2860 (Fam)

Holman J recuses himself from financial remedies case in which the wife sought to set aside a consent order on the basis of material non-disclosure

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Central Manchester University Hospitals NHS Foundation Trust v A & Others [2015] EWHC 2828 (Fam)2828

Judgment arising from an application by NHS Foundation Trust as to whether it would be lawful to withdraw mechanical or artificial ventilation from two identical male twins, now aged about fourteen months.

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Sharland v Sharland [2015] UKSC 60

Appeal to the Supreme Court by a wife concerning the impact of fraudulent non-disclosure on a financial settlement agreed between a husband and wife on divorce, especially one embodied in a court order.

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Gohil v Gohil [2015] UKSC 61

Appeal to the Supreme Court by a wife concerning the setting aside of a final order made in financial remedies/ancillary relief proceedings on the basis that there had been material non-disclosure by the husband.

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C v C & Another [2015] EWHC 2795 (Fam)

Roberts J set out the court’s jurisdiction to make freezing orders in relation to family members’ operation of a family-owned business

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Re K-L (Children) [2015] EWCA Civ 992

Appeal by mother following a fact-finding hearing to determine allegations against the father. The appeal concerned difficulties including (i) the question as to which effective decision was under appeal and (ii) that there was no order giving effect to the judgment that the mother wished to challenge.

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