Case Summaries

Davies v Davies [2012] EWCA Civ 1641

Application for permission to appeal a financial remedy order awarding the wife a lump sum of £2.2 million, recognising the wife’s contribution to the husband’s hotel business. Permission to appeal granted but appeal dismissed.

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B v A [2012] EWHC 3127 (Fam)

Wasted costs order against father’s solicitors following withdrawal of application by father for return of child to the United States and the execution of a location order in respect of the child.

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Re J (Children) [2012] EWCA Civ 1511

Applications for permission to appeal (1) an order under the Hague Convention for return of children to Spain and (2) the refusal to grant the children party status within proceedings to enforce the order.

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O (A Child) [2012] EWCA Civ 1576

Appeal of grant of leave to remove to Ireland – consideration of whether the child, aged 9, should be joined as a party in the appeal, or whether her updated wishes and feelings should be sought and reported on by the Cafcass High Court team.

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M (A Child) [2012] EWCA Civ 1580

Appeal against fact-finding where the judge had found that one of the parents had caused injury to the child and the other had failed to protect, but could not say which parent had caused the injuries.

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J (Habitual Residence) [2012] EWHC 3364 (Fam)

Decision as to the habitual residence of child subsequent to the father’s application for parental responsibility order, orders under the inherent jurisdiction and a declaration of parentage.

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Re I (Habitual Residence) [2012] EWHC 3363 (Fam)

High Court application for residence and prohibited steps orders and orders under the inherent jurisdiction. Judgment on the preliminary issue of habitual residence to determine the jurisdiction of the court.

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Re K (Children) [2012] EWCA Civ 1549

Appeal concerning the jurisdiction of the court to make sequential orders under Section 37 and 38 Children Act 1989 within private law proceedings. Secondary issue of judicial bias also considered. Appeal dismissed.

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K v L (Child Abduction: Declaration) [2012] EWHC 1234 (Fam)

Father’s application for a declaration as to the habitual residence of the parties’ son.

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A NHS Trust v K and Others [2012] EWHC 2922 (COP)

Court of Protection proceedings as to whether a 61 year old woman lacking mental capacity should undergo a potentially life serving operation, Official Solicitor objecting to the operation. Held that the operation should proceed.

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N (A Child) [2012] EWCA Civ 1563

Appeal by parents against placement order made at an issue resolution hearing at which no evidence was heard and no submissions made on behalf of the parents. Appeal granted.

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Crown Prosecution Service & Anor v Gohil [2012] EWCA Civ 1550

Appeal against an order requiring the CPS and the Respondent husband to disclose material to the Applicant wife who was applying to set aside a consent ancillary relief order which she alleged had been procured by material misrepresentation.

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Slater v Condappa [2012] EWCA Civ 1506

Appeal by former cohabitant against the dismissal of her claim to a beneficial interest in a property purchased by the respondent and in which the couple lived. Appeal dismissed.

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Re X and Y (Children) [2012] EWCA Civ 1500

Appeal against the variation of a reporting restriction order permitting the publication the Executive Summary of a Serious Case Review in redacted form. Appeal allowed.

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Sharbatly v Shagroon [2012] EWCA Civ 1507

Appeal allowed, upholding the decision in Asma Dukali v Mohamed Lamrani namely that an application under Part III MFPA 1984 could only succeed if the marriage is recognisable under English law as a valid, or at least a void marriage.

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Re A (A Child) [2012] EWCA Civ 1477

Application for permission to appeal a refusal to re-open a fact-finding hearing on the basis that the injuries to the child were caused by rickets. Application refused.

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