Case Summaries

Gowers v Gowers [2011] EWHC 3485 (Fam)

Financial remedy proceedings between a husband and a wife in which a company, closely connected to the husband but which he did not own, paid £500,000 into court. That sum was ordered to be paid to the wife as a first instalment of a lump sum. Held that the court had no jurisdiction to make that order.

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A & L (Children) [2011] EWCA Civ 1611

Appeal of judgment from fact finding hearing in care proceedings.

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Q (A Child) [2011] EWCA Civ 1610

Appeal from the judgment of Parker J in what Munby LJ described as “exceptionally difficult adoption proceedings” concerning a one year old baby where the mother feared so called “honour-based” violence and/or rejection by her family should her relationship with the father and her pregnancy be discovered.

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P & L (Minors) [2011] EWHC 3431

Proceedings concerning contact with two children living with biological mother and partner, who have parental responsibility for them, in same-sex relationship. Held that contact with the biological father and his same-sex partner should be direct in respect of one child and indirect in respect of the other.

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L v L [2011] EWHC 2207 (Fam)

Appeal in financial remedy proceedings against termed maintenance order. Appeal successful.

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R (TA) v North East London NHS [2011] EWCA Civ 1529

Father’s appeal against refusal to grant permission to apply for judicial review of decision by NHS Trust not to investigate father’s complaint about psychiatrist who gave evidence in family proceedings. Appeal dismissed.

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Lukandwa v Birungi [2011] EWCA Civ 1520

Judgment on an appeal brought in the course of proceedings for nullity.

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GF v CMEC [2011] UKUT (AAC)

Father’s appeal against a child maintenance formula assessment and against a departure direction in relation to child support for his daughter, now aged 14.

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NG v SG (Appeal: Non-Disclosure) [2011] EWHC 3270 (Fam)

Appeal against District Judge’s order in financial remedy proceedings where the appeal was essentially a challenge to the District Judge’s findings of fact. In light of a number of errors in principle the order would be set aside in its entirety and a retrial would be directed.

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A v L [2011] EWHC 3150 (Fam)

Appeal to High Court from County Court in financial remedy proceedings where there were only modest assets.

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H v S [2011] EWHC B23 (Fam)

Dispute as to whether for the purposes of English divorce and connected proceedings, a Talaq pronounced by the respondent husband in Saudi Arabia and placed by Deed of Confirmation before the Sharia Court was entitled to be afforded recognition in this jurisdiction.

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R v A Local Authority & Others [2011] EWCA Civ 1451

Application to the Court of Appeal in the context of care proceedings concerning refusal of the father’s application to instruct a second expert.

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Re X and Y (Children) [2011] EWHC 3147 (Fam)

Application for parental orders in respect of children born to two women in India under surrogacy agreements. The President held that whilst payments under the agreements did not comply with the HFEA 2008 section 54, they were not disproportionate and granted the orders sought.

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AJJ v JJ & Others [2011] EWCA Civ 1448

Appeal brought on behalf of three separately represented children in the context of their father’s application for their return to Poland under the 1980 Hague Abduction Convention and Article 11 of Brussels IIR.

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AB v LCC (A Local Authority) [2011] EWHC 3151 (COP)

Court of Protection proceedings concerning the appointment of a patient’s Relevant Person’s Representative as his litigation friend in a challenge to a deprivation of the patient’s liberty pursuant to s.21A Mental Capacity Act 2005.

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S v C [2011] EWCA Civ 1385

Appeal from a refusal to grant a return order under the Hague Convention. The mother had asserted an Art 13b ‘defence’. Appeal allowed.

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