Case Summaries

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BE v DE [2014] EWHC 2318 (Fam)

Application, within divorce proceedings in which the jurisdiction of the English court is disputed, by husband for an order requiring his wife to redact a statement which referred to an occasion which the husband maintained was a without prejudice meeting. Application dismissed.

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Q (Children) [2014] EWCA Civ 918

Appeal in care proceedings against findings of fact which, the mother claimed, were made in circumstances where there had been exhibited judicial bias. Appeal allowed.

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Cambra v Jones & Jones [2014] EWHC 2264 (Fam)

Judgment in Hague Convention proceedings, explaining why child should participate as a party to proceedings and considering the committal of mother for breach of order to return children to Spain. Application for committal dismissed.

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London Borough of Bexley v V & Others [2014] EWHC 2187 (Fam)

A Local Authority was ordered to pay costs for a hearing to consider re-timetabling following its failure to comply with directions

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The Mental Health Trust & Another v DD & Another [2014] EWCOP 11

Application in Court of Protection for declarations and orders in relation to the care and health of a pregnant woman during the final stage of her pregnancy and in the safe delivery of the unborn baby

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T (A Child) [2014] EWCA Civ 929

Successful appeal from a care order and placement order when the appellant mother was in prison because of an inadequate consideration in the judgment of the consequences of adoption for the subject child

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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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