Case Summaries

A v B [2011] EWHC 2752 (Fam)

Application to the High Court for a stay of wardship proceedings in this jurisdiction under para 19 of BIIR on the basis that the Swedish court was already seised of the matter. Application granted. Re S (Parental Responsibility: Jurisdiction) [1998] 2 FLR 921considered in the light of BIIR.

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Jones v Kernott [2011] UKSC 53

Supreme Court: appeal as to the correct approach to calculating beneficial interests in property where the legal title to the property is held in joint names by an unmarried couple but there is no express statement of how it is to be shared. Principles stated by the Court. Held: the parties intentions as to ownership had changed after their separation. Appeal allowed.

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AR v AR [2011] EWHC 2717 (Fam)

Judgment in “ancillary relief” proceedings in which the vast majority of the assets had been inherited by the husband.

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A Local Authority v PB and P [2011] EWHC 2675 (CoP)

Proceedings in the Court of Protection concerning issues as to where the patient should live, as to contact, and as to whether he would be deprived of his liberty.

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G v M [2011] EWHC 2651 (Fam)

Application pursuant to the Family Procedure Rules 2010 Part 7/PD7A/Para.3.2 for permission to file a Petition for a Decree of Nullity notwithstanding the absence of a marriage certificate.

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C (Children) [2011] EWCA Civ 1230

Appeal against a sentence of 6 months imprisonment against a mother for breach of an injunction granted in care proceedings. Held that the sentence was excessive. Appeal allowed.

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Brough v Law [2011] EWCA Civ 1183

Father’s appeal concerning the effect of the parents’ temporary reconciliation on a maintenance assessment under the “old scheme” for child support.

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H (Children) [2011] EWCA Civ 1218

Appeal against final care orders and placement orders in respect of two children. Held that the orders should not have been made without an assessment of the prospects of success of the adoptions. Appeal allowed.

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ML & AR v RW & SW [2011] EWHC 2455 (Fam)

Application for residence in relation to two girls conceived by IVF between two pairs of same-sex partners. Contact ordered, with review hearing listed.

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W (A Child) [2011] EWCA Civ 1196

An appeal from an order for committal for a term of imprisonment in the context of child abduction proceedings in which the father was already serving a sentence of imprisonment for breach of an earlier order.

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M (A Child) [2011] EWCA Civ 1125

Judgment in an appeal from a case management order concerning disclosure of medical evidence prior to a fact-finding hearing in care proceedings.

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S v AG (Financial Remedy: Lottery Prize) [2011] EWHC 2637 (Fam)

Claim for financial relief by husband in relation to assets that were the result of a significant win on the National Lottery by his former wife. Consideration as to whether such sums constitute matrimonial property.

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FG v MBW [2011] EWHC 1729 (Fam)

Application pursuant to Schedule 1 to the Children Act 1989 by mother for the benefit of an 11 year old son seeking a “top up” order for periodical payments, a lump sum order and a claim for a housing fund.

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M (A Child) [2011] EWCA Civ 1161

Appeal by mother and father in care proceedings following a refusal to order an extension of a section 38(6) assessment. Both appeals dismissed.

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KM v Lambeth London Borough Council [2011] EWCA Civ 1125

A father appealed an order prohibiting full disclosure to him of a psychiatric report on the mother in the course of proceedings in which she sought findings against him. Appeal allowed.

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D L & another v London Borough of Newham [2011] EWHC 2666 (Admin)

Order relating to the issue of costs and the return of a passport and other possessions in a long running case concerning a child.

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