Case Summaries

A Local Authority v H [2012] EWHC 49 (COP)

Court of Protection proceedings. Declarations made as to the incapacity in several respects of a 29 year old woman with learning difficulties and atypical autism, including incapacity to consent to sexual relations.

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G v G [2012] EWHC 167 (Fam)

Financial remedies case with matrimonial assets of £2.6 million where the husband had a well paid job in the city and the wife had a significant earning capacity as well as being the beneficiary under substantial family trusts.

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Edgerton v Edgerton [2012] EWCA Civ 181

Appeal against interlocutory orders whereby the wife could continue ancillary relief proceedings and which left freezing orders made in her favour in place , notwithstanding Chancery Division proceedings which had dealt with most of the Husband’s assets.

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F (Children) [2011] EWCA Civ 1765

Appeal in respect of the timing of a declaration of parentage of twins and orders relating to the disclosure to them of parentage. Appeal allowed.

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McC (A Child) (No 2) [2012] EWCA Civ 166

Mother’s application for permission to appeal judgment on the basis of judge’s approach to the issue of low vitamin D levels and increased vulnerability to fractures in infant bones.

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McC (A Child) [2012] EWCA Civ 165

Judgment on a preliminary application to adduce fresh medical evidence in the context of an appeal against final care and placement.

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El Gamal v Al Maktoum [2011] EWHC B27 (Fam)

Application before Bodey J to determine whether an Islamic wedding ceremony took place and if so what its legal effect was, if any, in English law.

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K v LBX [2012] EWCA Civ 79

Appeal against an order authorising a trial placement in a supported living facility near to the family home. Consideration as to whether the Art 8 right to respect for family life requires the court in determining issues under the inherent jurisdiction or the Mental Capacity Act 2005 to afford priority to the placement of an incapacitated adult in his or her family or whether family life is simply one of “all the relevant circumstances” which under the Mental Capacity Act 2005, s.4, the court is bound to consider.

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LA v X & others [2011] EWHC 3401 (Fam)

Application by maternal grandmother of X prior to a fact-finding hearing for her 17-year son, who suffers from Asperger’s Syndrome, to give oral evidence. Application refused. The balancing exercise set out in Re W [2010] UKSC 12 applied.

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Z (A Child) [2012] EWHC 139 (Fam)

Application by mother for a residence order in respect of the parties’ daughter and for permission to relocate her from UK to Australia. Applications granted. Payne v Payne (2001) and K v K (2011) considered.

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W (A Child) [2012] EWCA Civ 106

Father’s appeal against the making of an interim care order in care proceedings concerning a 14-month old child, H.

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B v B [2012] EWHC 314 (Fam)

Judgment of Mr David Salter sitting as a deputy judge of the Family Division of the High Court in a financial remedies case where the parties had been married for 15 years and involving issues of pre-marital wealth, the sharing principle, reattribution of assets rather than setting aside earlier dispositions and containing an important reminder of the correct method for valuing pensions in payment.

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O’Farrell v O’Farrell [2012] EWHC 123 (QB)

Decision of Tugendhat J sitting in the Queen’s Bench Division concerning enforcement of two German judgments against a serving soldier made in divorce proceedings in Germany in 2003.

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L (Children) [2011] EWCA Civ 1705

Court of Appeal. Mother’s appeal against findings in relation to the deaths of two children where there had been contradictory medical evidence. Appeal dismissed.

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Young v Young [2012] EWHC 138 (Fam)

Application by the husband in financial remedy proceedings for the return of his passport which had been impounded by the court pursuant to earlier orders. Application dismissed.

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Hutchings-Whelan v Hutchings [2012] EWCA Civ 38

Judgment on appeal from a final order in ancillary relief proceedings.

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