Case Summaries

MN (Adult) [2015] EWCA Civ 411

Guidance from the President in respect of the Court of Protection’s powers to impose a care plan upon a reluctant local authority.

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P v P [2015] EWCA Civ 447

Appeal by the trustees of a post-nuptial settlement against an order which varied the settlement to provide financial relief to the wife following divorce. Appeal dismissed.

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H v S (Surrogacy Agreement) [2015] EWFC 36

Judgment arising from cross-applications for a residence order and contact order (as they were then called) in respect of a child conceived following an agreement whose terms were highly contested.

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Curran v Collins [2015] EWCA Civ 404

Appeal against decision at first instance that the appellant did not have a beneficial interest in property and was not a partner in a kennelling business. Appeal dismissed and Eves v Eves distinguished.

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Critchell v Critchell [2015] EWCA Civ 436

Judgment in financial remedy proceedings in which the Court of Appeal restated the application of the principle in Barder v Barder (Caluori intervening) [1987] 2 FLR 480.

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H (A Child) (Analysis of Realistic Options and SGOs) [2015] EWCA Civ 406

Appeal against special guardianship order. Appeal allowed and directions given for the future conduct of the proceedings, including evidential and witness requirements.

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Re W (Children) [2015] EWCA Civ 403

Father’s successful appeal against adoption orders and dismissal of his contact application – the applications were remitted to be heard by a different judge

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K v K [2015] EWHC 1064 (Fam)

President makes s.91(14) Children Act 1989 and Grepe v Loam orders against litigant in person.

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Re H-B [2015] EWCA Civ 389

Appeal against an order allowing only indirect contact between the father and his two daughters aged 16 and 14; and a s 91(14) CA 1989 prohibition for two years.

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Re E-R (A Child) [2015] EWCA Civ 405

Appeal against a child arrangements order which provided that a child should live with her father following her mother’s death. The appellants were the mother who was terminally ill (and died before the hearing of the appeal), and her friends who had been caring for her and the child and whom the mother had appointed as testamentary guardians.

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Bromfield v Bromfield [2015] UKPC 19

Appeal to the Judicial Committee of the Privy Council by wife in financial remedy proceedings in Jamaica in which the court had dismissed her application under the Married Women’s Property Act and ordered a lump sum payment by her husband.

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R (AM) v London Borough of Havering and Another [2015] EWHC 1004 (Admin)

Judgment in proceedings to determine, inter alia, which children’s services authority should be responsible for assessing and meeting the needs of dependent children from a homeless household where the duties of a local housing authority towards that homeless household are coming to an end and that family has been placed in another authority’s area.

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ABC v PM and Another [2015] EWFC 32

Section 37 MCA 1973 – setting aside of reviewable dispositions – legal fees – appeal by husband’s solicitors of order setting aside a charge executed in their favour over the former matrimonial home

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MA v SK [2015] EWHC 887 (Fam)

Judgment in proceedings following divorce in which the wife applied for orders regarding a property in London. A company (established and part-owned by the husband) applied against the wife for possession of that property. The judge transferred the property to the wife and dismissed the company’s application for possession.

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CS v ACS and Another [2015] EWHC 1005 (Fam)

Judgment by the President of the Family Division ruling that para 14.1 of PD30A FPR 2010 which states that an appeal is the only way in which a consent order may be challenged is ultra vires.

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K (A Child) [2015] EWCA 352

Appeal against determinations arising from the approach taken by the High Court in respect of issues of forum conveniens and welfare

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