Case Summaries

Cooper-Hohn v Hohn [2014] EWCA Civ 896

Appeal by wife in financial remedies ‘big money’ case against case management decision refusing her application for permission to adduce expert evidence as to the value of management entities through which the husband receives financial reward. Appeal dismissed.

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Re D (A Child) [2014] EWHC 2121 (Fam)

Dispute following a commercial surrogacy arrangement that took place in the Republic of Georgia using eggs from a donor and the first respondent’s sperm. The surrogate mother played no part in the proceedings. Held that there was insufficient evidence to determine (a) whether the surrogate mother was married at the relevant time and therefore (b) the identity of the legal father. By consent the applicant and first respondent agreed a shared residence order with the child remaining a ward of court.

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Public Guardian v JM [2014] EWCOP 7

Application in the Court of Protection brought by a newspaper publishing company for permission to identify a person who had not been named in an earlier judgment.

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Hertfordshire County Council v F & Others [2014] EWHC 2159 (Fam)

Application for care and placement orders in respect of 5 month – mother assessed as having learning disability and father displaying aggressive behaviour – consideration of adjournment for further assessment – judgment given in open court, in part to address misleading allegations made about professionals by father

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County Durham & Darlington NHS Foundation Trust v PP & Others [2014] EWCOP 9

Court of Protection proceedings. Declarations granted including that attempts at resuscitation are not in P’s best interests.

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A (A Child) [2014] EWHC 920

Case summary coming soon

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A (A Child) [2014] EWCA Civ 871

Two appeals against orders made by HHJ Horowitz QC and HHJ Plumstead in the context of contested schedule 1 proceedings, concerning the slip rule and the interpretation of orders

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J (A Child) [2014] EWCA Civ 875

Appeal against findings in private law proceedings. Appeal allowed, findings overturned and no re-trial ordered. Comment provided on approach to vulnerable witnesses and right to fair trial.

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P (A Child) [2014] EWCA Civ 888

Appeal against care and placement orders, in respect of a young child whose parents had relocated to England from Poland prior to her birth, concerning comments made by the judge about the possibility of the child being cared for by members of the extended family in Poland. Appeal allowed.

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Re P (Children) [2014] EWCA Civ 852

Appeal against a decision not to allow a mother to remove the children permanently from the jurisdiction.

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Press Association v Newcastle upon Tyne Hospitals Foundation Trust [2014] EWCOP 6

Application by the Press Association to set aside an order to remove the embargo on naming a deceased party

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LB of Waltham Forest v AD [2014] EWHC 1985 (Fam)

Application in care proceedings for a reporting restriction order in respect of a child whose father was awaiting trial for the alleged murder of the child’s mother and where there had already been press reporting of the case. Application refused and guidance given as to the need to give proper and adequate notice to the press and broadcast media.

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Kaur v Dhaliwal & Another [2014] EWHC 1991 (Ch)

Dispute as to whether the fiancee of the deceased satisfied the “living in the same household” and “living as man and wife” eligibility criteria in s.1 (1A ) of the Inheritance (Provision for Family and Dependants) Act 1975 in order to claim against the deceased’s estate

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Carpenter v Secretary of State for Justice [2012] EWHC 4421 (Fam)

Appeal against two decisions of a gender recognition panel in which the appellant contended that her application for a gender recognition certificate had been rejected. Held that the panel had not rejected the application and that the appeal was out of time. Appeal dismissed.

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B (A Child) [2014] EWCA Civ 843

Appeal by a child which raised issues of general public importance in respect of the powers of the court to compel third parties without parental responsibility to take steps to secure the return of an abducted child and the role of non-subject children in such proceedings. Appeal allowed.

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B (Children) [2014] EWCA Civ 814

Application for permission to appeal findings of fact, placement of children with paternal grandparents under an SGO, and reduction in contact.

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