Case Summaries

Re P (A Child) [2013] EWHC 4048 (Fam)

Judgment in respect of application for reporting restriction order in the case of mother whose child was delivered by caesarean section following order of Court of Protection. Chronology of events set out. Order granted to prevent the identification of the child.

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J (A Child) [2013] EWCA Civ 1685

Appeal by a mother, acting in person, against final care orders on both procedural and substantive grounds. Appeal dismissed.

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Re HA [2013] EWHC 3634 (Fam)

Care proceedings in which the local authority sought a final care order and placement order. Orders made.

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Re A (A Child) [2013] EWHC 3502 (Fam)

Judgment in a retrial of a fact-finding hearing in which guidance is given for such hearings when one or other parent suffers from a learning disability.

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A Local Authority v DB & Others [2013] EWHC 4066 (Fam)

Fact finding hearing to consider whether a child died as a result of non-accidental injuries and if so, to consider who the perpetrator of the injuries was.

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ACCG & Anor v MN & Ors [2013] EWHC 3859 (COP)

Application for a final order pursuant to s16(2)(a) of the Mental Capacity Act 2005 in relation to a young man who suffers from profound disabilities.

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Muema v Muema [2013] EWHC 3864 (Fam)

Application by husband under s.37(2)(b) MCA 1973 to set aside a notice to quit a council tenancy which had been signed by the wife

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Re H, R and E (Children) [2013] EWHC 3857 (Fam)

Application by father under the Hague Convention for the summary return of three children to the Netherlands. Arts 13a and 13b of the Convention argued by mother. Return order made.

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AH v PH [2013] EWHC 3873 (Fam)

Application by the wife for financial remedies in circumstances where the parties had entered into a marriage settlement in a Scandinavian country prior to the marriage. Capital award of £7.8m (including housing costs and capitalised maintenance).

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Asaad v Kurter [2013] EWHC 3852 (Fam)

High Court application to determine nature and effect of foreign ceremony and entitlement of Petitioner to decree of divorce or nullity

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UF v A Local Authority & Others [2013] – Note of Judgment in the Court of Protection

Non-means tested legal aid restored, in effect, in cases under s21A of the Mental Capacity Act 2005.

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YLA v PM & MZ [2013] EWHC 3622 (Fam)

Judgment in Court of Protection proceedings, brought by local authority, concerning vulnerable adult and care proceedings concerning child born to her.

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RGB v Cwm Taf Health Board & Ors [2013] EWHC B23 (COP)

Application to the Court of Protection by a husband of an elderly woman with dementia, seeking a series of declarations that the Health Board had acted unlawfully by preventing his wife from living with him and having contact with him. Applications refused.

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Re AA [2012] EWHC 4378 (COP)

Application under the Mental Capacity Act 2005 for a declaration that an expectant mother lacked capacity to consent to medical treatment relating to the delivery method of her baby, as well as in relation to her ante-natal and post-natal treatment. Declaration granted.

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EG v JG [2013] EW Misc 21 (CC)

Application by mother for a specific issue order in respect of the choice of secondary schools for the four youngest children of Jewish parents. Order granted that the children attend schools of the mother’s choosing.

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In the Matter of KL (A Child) [2013] UKSC 75

Appeal by a father to the Supreme Court in proceedings under the Hague Convention and the Court’s inherent jurisdiction, concerning the approach to be taken by the UK courts towards the return of a child brought to the UK pursuant to a foreign order, which is later overturned on appeal.

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