Case Summaries

S v S [2014] EWCA Civ 95

Wife’s appeal against Bennett J’s dismissal of her application to resume the hearing of her financial provision claim, following the parties reaching settlement on terms, which the Wife claimed were vitiated by the Husband’s material non-disclosure

Moore-Bick LJ and Macur LJ dismissed the appeal, with Briggs LJ delivering a dissenting judgment.

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RO v A local authority and Others BM 11P08244

High Court applications by father for residence and contact – mother deceased

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Re D (A Child) [2014] EWHC 121 (Fam)

Fact finding hearing in care proceedings in respect of an oxygen-dependent child in order to determine whether the oxygen supply had been turned off and, if so, by whom. Consideration as to the principles to be applied in such cases.

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S (A Child) [2013] EWCA Civ 1835

Appeal by mother against care order and authorisation to place S for adoption. Permission to appeal refusal of application for direct contact with Y. Appeal dismissed and permission to appeal refused.

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RC v CC & Anor [2014] EWHC 131 (COP)

Appeal of refusal to allow the Applicant in Court of Protection proceedings (biological mother of the incapacitated adult in question) to see social work statements prepared for the purpose of the proceedings.

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Great Western Hospitals NHS Foundation Trust v AA & Ors [2014] EWHC 132 (Fam)

Application by hospital trust to invoke the inherent jurisdiction of the High Court for declaratory relief in relation to serious medical treatment for a pregnant protected party. Declaration granted.

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RO v Local Authority & Others [2013] EWHC B31 (Fam)

High Court applications by father for residence and contact – mother deceased

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RO v A Local Authority & Ors [2014] EWHC 97 (Fam)

High Court application for placement order and permission to place a child with relatives in the USA. Application arising following previous judgment dismissing father’s application for residence following death of the mother

Case linked to RO v A local authority and Ors [2013] EWHC B31 (Fam)

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Re X, Y and Z [2014] EWHC 87 (COP)

Conjoined care proceedings and Court of Protection proceedings concerning three children of a woman lacking mental capacity, in which care orders were made in respect of the children and the mother’s deputy was authorised to make payments to the children’s nanny from the mother’s trust fund.

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Finance and Divorce February 2014 Update

Jessica Craigs, senior solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in January

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Shield v Shield [2014] EWHC 23 (Fam)

Financial remedies preliminary issue hearing to determine whether the husband held a shareholding in the family business on trust for his son (the intervenor) and whether the shares were available as a resource of the husband

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IM v LM & Others [2014] EWCA Civ 37

Appeal by mother of an adult woman against a decision that she did have capacity to consent to sexual relations. Appeal dismissed.

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Re E [2013] EWCA Civ 1614

Appeal by mother against care and placement orders made in respect of her youngest child. Held that adoption was not a proportionate outcome. Accordingly, the appeal was allowed, the adoption order was set aside and the care order was replaced with an interim care order.

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Surrey County Council v Al-Hilli & Others (4) [2012] EWHC 4394 (Fam)

Application by the police (opposed by the local authority and the guardian) to be joined as a party to care proceedings

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Re S (A Child) [2014] EWCA Civ 25

Consideration by the Court of Appeal of the appropriate use of split hearings within public law children proceedings.

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Makarskaya v Korchagin [2013] EWHC 4393 (Fam)

Interim hearing within financial remedy proceedings in respect of the wife’s claims for maintenance pending suit and a Legal Services Order

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