Case Summaries

R v R [2011] EWHC 1535 (Fam)

Application for declaration of parentage, with cross application for step parent responsibility, residence and contact.

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Re D (A Child) [2012] EWHC 4231 (Fam)

Fact Finding hearing to consider whether a couple who had returned to the UK with a baby from Nigeria was aware that the woman had undergone a staged labour and that the child was not biologically theirs

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IH (A Child) (Permission to Apply for Adoption) [2013] EWHC 1235 (Fam)

Application for permission to apply to adopt a child where the child had not lived with the applicants for three years out of the five preceding the application and the child’s visa to the UK had expired. Permission refused.

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DR v GR and Others (Financial Remedy: Variation of Overseas Trust) [2013] 1196 (Fam)

Application under s.24(1)(c) MCA 1973 for variation of a post nuptial settlement (Mostyn J’s judgment includes guidance regarding the issue of joinder of Trustees in variation of settlement cases)

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Slutsker v Haron Investments Ltd & Anor [2013] EWCA Civ 430

Appeal concerning beneficial ownership of property held on discretionary trust.

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PC & Anor v City of York Council [2013] EWCA Civ 478

Court of Protection judgment concerning (1) whether the question of capacity is issue specific or person specific and (2) the relationship between capacity to marry and capacity to cohabit.

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L (A Child) [2013] EWCA Civ 489

Appeal by mother against an interim care order which sanctioned the continued removal of her 4 month old baby from her care. Appeal allowed and an interim supervision order substituted.

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Vince v Wyatt [2013] EWCA Civ 495

Husband’s appeal against refusal of his application to strike out ex-wife’s financial remedies claim which had been made over 18 years after decree absolute

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LB v The London Borough of Merton [2013] EWCA Civ 476

Appeal of placement order on the basis that it had not been permissible for the local authority to go to its adoption panel, or for the Court to make a placement order, in circumstances where the child was not subject of an interim care order but accommodated under s 20.

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R (on the application of T) v Legal Aid Agency [2013] EWHC 960 (Admin)

Successful judicial review of the Legal Aid Agency’s decision to refuse to pay the full costs of a parenting assessment within public law proceedings.

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S v S [2013] EWHC 991 (Fam)

Judgment re. application to reopen financial remedy proceedings in a “big money” case in which Heads of Agreement and a Consent Order were approved by the court but the order was not yet sealed.

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C (A Child) [2013] EWCA Civ 431

Appeal of decision to refuse natural father permission to oppose Adoption Order when paternity of the subject child had only recently been determined. (The President of the Family Division also stipulates the steps that must be taken in applications to the Court of Appeal for permission to appeal against placement orders (or orders consequent upon such orders).

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A Council v M & Ors (Judgment 3: Reporting Restrictions) [2012] EWHC 2038 (Fam)

Application for reporting restriction order in respect of care proceedings involving four children. Order (with explanatory note) made.

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A Council v M & Ors (Judgment 2: Welfare) [2012] EWHC 4242 (Fam)

Welfare hearing following fact-finding judgment. Care orders made, together with section 34(4) Children Act order. Application for section 91(14) Children Act order refused.

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A Council v M & Ors (Judgment 1: Fact-Finding) [2012] EWHC 4241 (Fam)

Finding of fact hearing, exploitation of a child in order to cause her to become pregnant by artificial insemination in order that the mother could have another child.

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CR v MZ [2013] EWHC 925 (Fam)

Hearing of two preliminary issues: (i) who was the beneficial owner of the former matrimonial home, and (ii) if that beneficial owner was a company, who was the beneficial owner of the shares in that company.

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