Case Summaries

Re A (Disclosure of Third Party Information) [2012] EWHC 180 (Fam)

The applicant father in contact proceedings sought disclosure of the identity of a third party (“X”) who had made allegations of sexual abuse against him and he also sought details of those allegations and medical evidence pertaining to X’s mental and physical health.

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Arshad v Anwar [2012] EWCA Civ 372

Judgment following the appeal of an order made against a husband that he must pay the costs incurred in his wife’s abortive Part III MFPA 1984 application.

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A v T [2011] EWHC 3882 (Fam)

Hague Convention / Brussels II Revised proceedings where there had been a written agreement entitling the mother to leave Sweden to return to the UK with the children should she choose to do so.

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X v X [2012] EWHC 538 (Fam)

Judgment following final hearing in a settled financial remedy case, giving guidance as to the preparation and presentation of such cases.

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Prest v Prest [2012] EWCA Civ 325

Application for permission to appeal the judgment of Moylan J in complex financial remedy proceedings where one of the issues was the circumstances in which it is possible to pierce the corporate veil.

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H (A Child) [2012] EWCA Civ 281

Court of Appeal. Appeal in private law contact proceedings between the father of C, and C’s mother and her husband. The circuit judge had set aside, on appeal, a district judge’s decision and imposed a different conclusion without conducting a full evaluation process. Appeal allowed.

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A v SM & anor [2012] EWHC 435 (Fam)

Forced marriage case heard by Baker J which included consideration of applications for forced marriage protection orders under Part 4A of the Family Law Act.

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A v B and C [2012] EWCA Civ 285

Appeal by biological father of child residing with the biological mother and her lesbian partner concerning contact arrangements in respect of the child. Appeal allowed and case remitted to a Family Division judge.

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In the matter of S (a Child) [2012] UKSC 10

Appeal by mother to the Supreme Court against an order of the English Court of Appeal that she should immediately return her son, aged two, to Australia. The mother relied on Art 13(b) of the Hague Convention on the Civil Aspects of International Child Abduction 1980. Appeal allowed.

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Tower Hamlets London Borough Council v MK [2012] EWHC 426 (Fam)

Care proceedings involving issues of jurisdiction, paternity and s.38(6) applications

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A (Children) [2012] EWCA Civ 185

Appeal against findings made in preliminary issue trial, on the basis of procedural irregularities in arranging a meeting between the judge and a child. Appeal dismissed.

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GS v L [2011] EWHC 2116 (Fam)

Costs judgment following the substantive hearing in GS v L [2011] EWHC 1759 (Fam). The wife contended that there should be a departure from the usual position in relation to costs by virtue of the husband’s approach to the litigation.

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C (Children) [2011] EWCA Civ 1774

Appeal against orders under Children Act 1989 s 34(4) excusing the local authority from making further contact provisions in respect of two children, and against their mother under s 91(14) of the Act. Appeal dismissed.

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Fisher Meredith v JH and PH (Financial Remedy: Appeal: Wasted Costs) [2012] EWHC 408 (Fam)

Appeal brought by solicitors in financial remedy proceedings against a wasted costs order made against them.

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B v S (Financial Remedy: Marital Property Regime) [2012] EWHC 265 (Fam)

Financial remedies case including an analysis of matrimonial property regimes and more helpfully a straightforward analysis of the law relating to periodical payments.

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GS v L [2011] EWHC 1759 (Fam)

Financial remedies case final judgment in a case in which the husband had argued that £1.49 m of assets were ring-fenced having either been pre-acquired or subject to a community of property agreement.

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