Case Summaries

Tan v Choy [2014] EWCA Civ 251

Appeal by wife in divorce and financial proceedings against finding of habitual residence and determination of jurisdiction in England and Wales pursuant to Article 3(1)(a) of Brussels IIR and a refusal to refer the matter to Court of Justice of the European Union for preliminary ruling and a refusal to stay proceedings. Appeal dismissed.

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Bhura v Bhura & Others [2014] EWHC 727 (Fam)

Application by wife for declarations that two properties were wholly or mainly beneficially owned by the husband notwithstanding that legal title to the properties was held in the names of the husband’s family members. Applications dismissed.

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A County Council v L [2014] EWHC 730 (Fam)

High Court application for care order – threshold met by virtue of child being victim of trafficking– additional support for trafficked child

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Re X and Y (Children: Disclosure of Judgment to Police) [2014] EWHC 278 (Fam)

Application by father to restrain a local authority from disclosing to the police transcripts of two earlier judgments in long-running care proceedings concerning two children. Application refused.

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Re M-M (A Child) [2014] EWCA Civ 276

Cross appeals in relation to award of financial provision under Schedule 1 to the Children Act 1989 in a case where the Father lived in France. Mother’s appeal dismissed but Father’s cross appeal allowed to a limited extent.

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Ahmed v Mustafa [2014] EWCA Civ 277

Appeal concerning jurisdiction to prevent a party to a marriage pursuing fresh financial remedies applications in another jurisdiction where a final order had already been made in this jurisdiction

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D v K and B [2014] EWHC 700 (Fam)

Judgment in private law children proceedings where the applicant mother, who had alleged rape by the respondent father, was legally aided and the respondent was not.

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Gohil v Gohil [2014] EWCA Civ 274

Appeal from order setting aside an award of financial relief on the basis of material non-disclosure and listing a re-hearing of the wife’s claims. Consideration by the Court of Appeal of the extent of the jurisdiction of the Court of first instance to set aside financial orders and the relevance of the principles in Ladd v Marshall [1954] 1 WLR 1489 to such applications.

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JP v LP & Others [2014] EWHC 595 (Fam)

High Court application under the Children Act 1989 and the inherent jurisdiction, arising out of the need to regularise the status of parties following the making of an informal surrogacy arrangement.

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Re F (Abduction: Consent) [2014] EWHC 484 (Fam)

Application under the Hague Child Abduction Convention to return a child to Denmark

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Ivleva v Yates [2014] EWHC 554 (Fam)

Wife’s application for the recognition of a divorce granted in Ukraine on 9th October 2013 and the dismissal of divorce proceedings brought in this jurisdiction by the Husband’ in April 2013.

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Re SJ (A Child) (Habitual Residence: Application to Set Aside ) [2014] EWHC 58 (Fam)

Judgment of Parker J on the issue of whether proceedings concerning a 9 year old girl should be heard in England or Spain, and whether the child should be returned to England from Spain.

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Re R (Children: Temporary Leave to Remove from Jurisdiction) [2014] EWHC 643 (Fam)

Application for temporary leave to remove to non-Hague Convention country (India). Application refused. Criticism by the court of the Legal Aid Agency’s refusal to fund a report from an expert on Indian family law in spite of repeated directions that the court considered the report a necessary disbursement on the parties’ public funding certificates.

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Re M (Children) [2014] EWHC 667 (Fam)

Judgment addressing significant delay in holding a fact finding hearing in private law proceedings, and the need for a further adjournment. The judge also considered the definition of religious ‘radicalisation’ in the context of child welfare.

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Warren v CARE [2014] EWHC 602 (Fam)

Application by widow for a declaration that it is lawful for the sperm of her late husband to be stored for a period of up to 55 years notwithstanding that he had not complied with the 2009 regulations in certain respects. Declaration granted.

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Y v Z [2014] EWHC 650 (Fam)

Appeal by mother against injunction forbidding disclosure of information and documents in Schedule 1 proceedings. Father had failed to disclose receipt of £111,000 and mother sought to disclose to Police / CPS and Financial Conduct Authority. Appeal dismissed.

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