Case Summaries

N (A Child) [2012] EWCA Civ 1086

Appeal by child’s mother arguing that the English court has jurisdiction under its inherent jurisdiction, irrespective of the habitual residence or physical presence of a child, who is a British subject, in this jurisdiction.

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B (Children) [2012] EWCA Civ 1082

Application for permission to appeal in proceedings under Sch 1 to the Children Act 1989 against an order that the applicant mother was habitually resident in this jurisdiction. Permission refused.

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MA v JA and the Attorney General [2012] EWHC 2219 (Fam)

Application for a declaration under section 55(a) of the Family Law Act 1986 that a marriage which took place in a mosque was a valid marriage at its inception. Application granted.

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HH v BLW [2012] EWHC 2199 (Fam)

Application for permission to appeal against a district judge’s order for costs against a father in contact proceedings. Application refused on the basis of the proportionality of the appeal to the sum in issue.

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T (Children) [2011] EWCA Civ 1818

Appeal within care proceedings concerning the question of whether an uncle who was accused of sexual abuse should have been discharged as an intervener.

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Re CA (A Baby) [2012] EWHC 2190 (Fam)

Hedley J provides guidance as to the duty of a social worker to be satisfied that the person consenting to a section 20 accommodation of a child by the local authority has capacity to do so, is fully informed and that there are reasonable grounds for removal, with such removal being proportionate.

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NHS Trust v Baby X [2012] EWHC 2188 (Fam)

Proceedings under the inherent jurisdiction concerning withdrawal of treatment (other than palliative care) to a baby with profound and irreversible brain damage

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XCC v AA & Anor [2012] EWHC 2183 (COP)

A case concerning whether the marriage in Bangladesh of a young woman with severe learning and other disabilities should be recognised as valid in this jurisdiction.

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Shirt v Shirt [2012] EWCA Civ 1029

Appeal concerning a dispute between a father and son as to the legal and beneficial entitlement to a farm. The Master of the Rolls also comments upon issues relating to judges correcting transcripts of their judgments.

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A Local Authority v C & Others [2012] EWHC 1975 (Fam)

Judgment in re-hearing of fact-finding hearing concerning allegations of abuse following fresh evidence coming to light (Original fact-finding hearing reported as A Local Authority v C [2011] EWHC 231).

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W (Children) [2012] EWCA Civ 999

Appeal by father against an order for no contact to his daughters A, aged nine and B aged six

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R (TT) v London Borough of Merton [2012] EWHC 2055 (Admin)

Judicial review of local authority’s Special Guardianship Allowance policy. Policy held to be illegal.

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S (A Child) [2012] EWCA Civ 1031

Father’s appeal against a residence order that had been granted to the mother. Appeal dismissed.

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T (Children) [2012] UKSC 36

Supreme Court appeal concerning the liability of a local authority to pay the costs of a party to care proceedings. Held unanimously that the general practice of not awarding costs in care proceedings against a party, including a local authority, in the absence of reprehensible behaviour or an unreasonable stance, should not be subject to an exception in the case of discrete fact-finding hearings.

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Arif v Zar & Anor [2012] EWCA Civ 986

Application for permission to appeal Mostyn J’s order which, inter alia, transferred an annulment application to the Family Division

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L-B (Children) [2012] EWCA Civ 984

Court of Appeal decision concerning a judge’s power to alter a judgment following a fact-finding hearing after it has been handed down

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