Case Summaries

Re M (A Child) [2014] EWCA Civ 226

Appeal by the children’s guardian against the recorder’s decision to decline to make care and placement orders sought by the local authority and instead to make a residence order. Appeal dismissed.

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Rubin v Rubin [2014] EWHC 611 (Fam)

Applications by wife, in respect of costs already incurred, for (1) Legal Services Payment Order pursuant to Matrimonial Causes Act 1973, s22ZA; and (2) pursuant to Children Act 1989, Sch 1 para 1(2)(c) to cover the costs incurred in Hague Convention 1980 proceedings.

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Newcastle upon Tyne Hospitals Foundation Trust v LM [2014] EWHC 454 (COP)

Application in the Court of Protection for a declaration that it would be lawful to withhold blood transfusion from a patient who was a Jehovah’s Witness.

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S v S [2014] EWHC 575 (Fam)

Father’s successful application, pursuant to the inherent jurisdiction of the court, for the summary return of his two year old child to Bermuda after the mother had retained the child in this jurisdiction following a holiday.

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N v K (No 2) [2014] EWHC 507 (Fam)

Judgment explaining the mechanics of international judicial liaison, and why it has thus far failed in this case.

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Ilott v Mitson & Others [2014] EWHC 542 (Fam)

Appeal by an estranged daughter under the Inheritance (Provision for Family and Dependants) Act 1975 against quantum of award made at first instance. Appeal dismissed.

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B-G (A Child) [2014] EWHC 444 (Fam)

Application for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008

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Surrey CC v ME and Others [2014] EWHC 489 (Fam)

Application for a reporting restriction order in respect of five young people or children subject of care proceedings where the father of the three youngest children has been killed and criminal proceedings have been commenced in respect of that death.

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Mann v Mann [2014] EWHC 537 (Fam)

Judgment in financial remedy proceedings in which the husband had failed to make payments agreed under the Court of Appeal mediation scheme. The wife issued a statutory demand in respect of the sums owed but the demand was withdrawn on the agreement that the matter was be resolved by further mediation. Such mediation did not take place, each party blaming the other. Ungley Order made.

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Re S (Children) [2014] EWCA 135

Appeal by father against care and placement orders on the basis that the orders were not compliant with Re B-S. Appeal allowed, interim care order substituted and case remitted for further consideration. Costs awarded against the local authority.

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Luckwell v Limata [2014] EWHC 536 (Fam)

Husband’s application within financial remedies proceedings for the wife’s father to be excluded from court during part of the cross-examination of the wife.

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Luckwell v Limata [2014] EWHC 502 (Fam)

Financial remedies case involving consideration of the weight to be attributed to a pre-marital agreement as well as whether the hearing should take place in public

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Y (A Child: Private Law: Fact Finding) [2014] EWHC 486 (Fam)

Fact finding hearing in private law proceedings brought by the father for contact. Allegations made by parents against each other.

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MW (A Child) [2014] EWHC 385 (Fam)

Application for leave to apply for an adoption order in respect of a child who is 17: s.42 Adoption and Children Act 2002.

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SAB (A Child) [2014] EWHC 384 (Fam)

Application by father for contact with his child who was living with the mother and her civil partner. Dispute as to whether the father intended only to be a sperm donor.

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Nottingham City Council v LM [2014] EWCA Civ 152

Appeal involving consideration of Article 15 Brussels II Revised and when requests to member states to assume jurisdiction ought to be made

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