Case Summaries

P v P [2012] EWHC 1733 (Fam)

Application for an order for the CPS and for the Respondent to disclose material to the Applicant in the course of her application to set aside an ancillary relief order which she alleged had been procured by material misrepresentation.

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London Borough of Sutton v Gray & Butler [2012] EWHC 2763 (Fam)

NB – Reporting Restriction Order in respect of naming the younger child.

Further hearing in care proceedings concerning two children, one of whom was the subject of a special guardianship order. That order was revoked. Plans to be made for the return of both children.

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London Borough of Sutton v Gray & Butler [2012] EWHC 2604 (Fam)

NB – Reporting restriction order prohibiting the naming of the younger child

Re-hearing of a fact-finding in care proceedings concerning two children where the father had been convicted of causing grievous bodily harm and child cruelty towards the older child, but the conviction had been subsequently overturned. No finding of fault against the parents.

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Y v Y [2012] EWHC 2063 (Fam)

High Court. Financial remedy case, involving inherited assets, determined on ‘needs’ basis. Wife awarded a limp sum of £8.7 million, equalling 32.5% of the net assets

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SB v A Local Authority & Ors [2012] EWCA Civ 1269

Appeal by father against findings of fact in care proceedings. Appeal dismissed.

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Re KH (A child) [2012] EWHC B18 (Fam)

Application by an NHS Trust for declarations in relation to the best interests of a severely disabled child and, in particular, as to his medical treatment in the event that his condition should deteriorate. Declaration granted as the nature of treatment which he might receive.

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NHS Trust v D [2012] EWHC 886 (COP)

Application by the Official Solicitor that the NHS Trust (the applicant in Court of Protection proceedings) pay half his costs – consideration of how the general rule for costs and the exceptions thereto apply to the Official Solicitor

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Re SK [2012] EWHC 1990 (COP)

Application by the parties in personal injury proceedings concerning the quantum of damages be awarded to a brain damaged claimant for joinder to Court of Protection proceedings concerning his placement and rehabilitation

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Kremen v Agrest [2012] EWCA Civ 1266

Applications for permission to appeal the judgment in Kremen v Agrest (No.11) (Financial Remedy: Non-Disclosure: Post-Nuptial Agreement)

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Re G [2012] EWCA Civ 1233

Application for permission to appeal the making of (1) a specific issue order in relation to the education of five children from the Chareidi community of ultra orthodox Jews; (2) a residence order in favour of the mother. Permission refused in relation to the residence order. Permission granted in relation to the education specific issue order but the appeal dismissed.

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M (Children) [2012] EWHC 1948 (Fam)

Judgment of Peter Jackson J regarding the imposition of a conditional residence order.

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Re AA (A Child) [2012] EWHC 2647 (Fam)

Fact finding in care proceedings where the two elder children died 12 weeks apart while in the mother’s sole care. Post mortems failed to ascertain the cause of death. Court held that it was not proved that the mother had smothered the children, despite this being the conclusion of the expert paediatrician.

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Re Z (Adoption: Scottish Child Placed in England: Convention Compliance) [2012] EWHC 2404 (Fam)

Application for an adoption order, opposed by the parents on the grounds that the Scottish legal process leading to a placement order breached Arts 6 and 8 of the ECHR. Application granted.

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D and L (Surrogacy) [2012] EWHC 2631 (Fam)

Application for parental orders pursuant to the HFEA 2008 in the event that the surrogate could not be found to consent to the parental orders, as required. Orders granted. Retrospective permission granted to pay surrogate beyond reasonable expenses.

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Derbyshire County Council v HM and Others [2011] EWHC 3389 (Fam)

Proceedings to determine which of two local authorities was the designated authority for the purposes of the Children Act 1989, section 31. Consideration as to whether the children in question were looked after children for the purposes of section 105(6).

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DL v A Local Authority [2012] EWCA Civ 253

Appeal against an order that the inherent jurisdiction of the High Court may be deployed following the implementation of the Mental Capacity Act 2005 for the protection of adults who have capacity but are perceived to be vulnerable. Appeal dismissed.

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