Case Summaries

J (Children) [2015] EWCA Civ 1019

Father’s appeal against an order made by the President of the Family Division refusing the father’s application for the mother’s committal following breach of an order requiring the return of two of their five children to Spain.

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D v D [2015] EWHC 1393 (Fam)

A final hearing in Financial Remedy proceedings involving issues of non-disclosure

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X NHS Trust v Mr B [2015] EWCOP 60

Application for a declaration that it was lawful (contrary to his express wishes) to amputate the foot of an adult who lacked capacity in circumstances where without the operation he could die within a few days. Application refused.

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Re F and X (Children) [2015] EWHC 2653 (Fam)

Judgment in a case where the mother had failed to comply with the terms of an order to return the children to the jurisdiction from the Sudan, where there were concerns about the risk of the daughter being subjected to FGM

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M (Children) [2015] EWCA Civ 994

Appeal against summary dismissal of application for discharge of care orders. Appeal granted by the Court of Appeal.

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H v A (No 1) [2015] EWFC 58

Applications by mother in respect of the parties’ three children: (i) to revoke an order allowing the father indirect contact; secondly, (ii) to revoke the father’s parental responsibility and (iii)an application pursuant to s 91(14) CA 1989.

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FAS v Secretary of State for the Home Department & Another [2015] EWCA Civ 951

Appeal against the refusal to make an adoption order in respect of MW, a young person aged 18 of Pakistani nationality, by which FAS, a British citizen, would become his adoptive mother. Appeal dismissed for reasons other than those given at first instance.

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H v A (No 2) [2015] EWHC 2630 Fam

Judgment concerning an application for a reporting restriction following publication of a previous judgment in the same matter which Mr Justice McDonald considered to be in the public interest.

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BR v VT [2015] EWHC 2727 (Fam)

Applying FPR 2010 rule 20.2(1)(c)(v), and s 33 FLA 1996, in circumstances of the parties’ pressing debts and revenue deficit the court made an interim order for sale of the matrimonial home in which the wife and two children remained living.

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Somerset County Council v MK and Others [2015] EWCOP B1

Costs awarded on an indemnity basis against a local authority at the conclusion of Court of Protection proceedings.

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Re Q (A Child) [2015] EWCA Civ 991

Judgment of the Court of Appeal concerning the interplay between the duty of the court to attempt to promote contact, and its case management powers to determine and dismiss issues at a hearing without live evidence, in a case where the judge had decided against ordering contact.

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Re C (A Child) (Application by Dr X and Y) [2015] EWFC 79

Application by a doctor and his colleague seeking disclosure and permission to use papers from care proceedings (and GMC proceedings) in circumstances where it was alleged that misinformed press reporting about the care proceedings in which Dr X had acted as an expert had severely damaged his reputation and ability to work in child protection.

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T (A Child) (Early Permanence Placement) [2015] EWCA Civ 983

Judgment of the Court of Appeal holding that early permanence placements do not justify change in approach to joinder of prospective adopters in care proceedings.

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Appleton & Gallagher v News Group Newspapers and PA [2015] EWHC 2689 (Fam)

The court granted permission to NGN Ltd to appeal to the Court of Appeal to resolve the “unhappy divergence of judicial approach” to privacy and reporting restrictions in ancillary relief cases.

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Williams v LB of Hackney [2015] EWHC 2629 (QB)

QBD decision in which damages were awarded to parents for an Article 8 ECHR breach following unlawful retention of their children by a Local Authority under an invalid s.20 ‘agreement’

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Seddon v Oldham MBC (Adoption Human Rights) [2015] EWHC 2609 (Fam)

Judgment concerning rights of birth parents and children after adoption. The making of an adoption order always brings pre-existing Article 8 rights between a birth parent and an adopted child to an end.

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