Case Summaries

Y v Medway Council [2011] EWCA Civ 1416

Appeal from a fact-finding hearing in which the first instance judge found certain of a child’s injuries to have been non-accidental and caused by the child’s mother.

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D-O’H (Children) [2011] EWCA Civ 1343

Cross-appeals in care proceedings by the mother against the refusal of a s38(6) parenting assessment and the making final care orders, and by the local authority against the adjournment of placement order proceedings in respect of one child. Appeals dismissed.

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C-L (Children) [2011] EWCA Civ 1441

Appeals by parents and the paternal grandparent against orders dismissing applications for assessment (by the parents) and assessment and a residence order (by the grandparent). Appeals allowed and assessments ordered.

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A (A Child) v Leeds City Council [2011] EWCA Civ 1365

Appeal against the decision to remove a child from the care of her maternal aunt because of perceived risk to the child. Appeal dismissed.

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R (AS) v London Borough of Croydon [2011] EWHC 2091 (Admin)

Application for judicial review by a child, through the Official Solicitor, seeking the quashing of a local authority’s age assessments, and a declaration as to the child’s age. Application successful.

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A London Borough v O and Others [2011] EWHC 2754 (Fam)

Fact finding hearing in care proceedings in respect of two children, one child aged 5 and a sibling aged 9 months whose twin had died (aged only 2 weeks) as a result of head injuries sustained at home.

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W (A Child) [2011] EWCA Civ 1362

Appeal by mother against an order approving a care plan that her child be adopted by family friends on the basis that a special guardianship order would be more appropriate in the circumstance. Appeal dismissed.

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Re RB (Adult) (No 4) [2011] EWHC 3017 (Fam)

Guidance as to the publication and reporting of judgments given or handed down in the Family Division in proceedings under the inherent jurisdiction in respect of adults.

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LB of Tower Hamlets v BB [2011] EWHC 2853 (Fam)

Judgment of Ryder J in Court of Protection proceedings concerning BB, a woman suffering from schizo-affective disorder, profound deafness and a learning disorder, who lacked capacity to litigate.

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R (SA) v Kent County Council [2011] EWCA Civ 1303

Appeal by local authority against a decision that a child living with a grandparent in an arrangement initiated by the authority, was a looked after child and, as such, the grandparent was entitled to financial provision from the authority. Appeal dismissed.

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A and L (Children) [2011] EWCA Civ 1205

Appeal by mother of findings against her in fact-finding hearing. Guidance given by Court of Appeal as to correct process to be adopted where it is considered that there is a lack of reasoning or clarity in a judgment. Appeal adjourned while trial judge invited to give clarification.

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Re T v T (Occupation Orders, Brussels I and Protective Measures) [2010] EWHC 3776 (Fam)

Judgment of Moylan J concerning jurisdictional issues arising within an application for an occupation order and cross-proceedings for possession of a property in West London.

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Z v Z (No2) [2011] EWHC 2878 (Fam)

Application for financial remedies before Moor J. The central issue was whether a French marriage contract should be upheld.

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Cheshire West & Chester Council v P [2011] EWCA Civ 1257

Local authority appeal from the Court of Protection to the Court of Appeal against a declaration that the local authority’s care plan requiring a vulnerable adult, P live at a local authority establishment constituted a deprivation of liberty for the purposes of Article 5 ECHR.

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D (Children) [2011] EWCA Civ 1294

Appeal against a decision to refuse a return order where one child objected to return and had sufficient maturity. Appeal allowed.

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BJ v MJ (Financial Remedy OverseasTrusts) [2011] EWHC 2708 (Fam)

Financial remedy proceedings where the central question was how trusts should be treated in the division of assets following divorce.

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