Case Summaries

R (Quila and another) v Sec of State for the Home Dept [2011] UKSC 45

Supreme Court determined that the ban on the entry for settlement of foreign spouses or civil partners unless both parties are aged 21 or over, contained in paragraph 277 of the Immigration Rules, is not a lawful way of deterring or preventing forced marriages.

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H-K (Children) [2011] EWCA Civ 1100

Appeal against finding in Hague Convention proceedings that children’s habitual residence remained in Australia. Appeal allowed on the basis that the wrong test of habitual residence had been applied.

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G (A Child) [2011] EWCA Civ 1147

Appeal by mother of an order made at a review hearing, in which the judge varied a contact order to allow contact to be supervised by the father’s mother rather than at a contact centre. Appeal allowed.

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O v P [2011] EWHC 2425 (Fam)

Preliminary issue as to whether court had jurisdiction to hear proceedings under Schedule 1 to Children Act. Held that the court did have jurisdiction under the Civil Jurisdiction and Judgments Act 1982 and the Brussels Convention on the Jurisdiction and Enforcement in Civil and Commercial Matters 1968.

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Doncaster MBC v Watson [2011] EWHC 2498 (Fam)

Supplemental judgment in contempt proceedings substituting an order for the immediate and unconditional release of the contemnor in place of a suspended sentence.

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W v M and others [2011] EWHC 2443 (Fam)

Application to the Court of Protection for authority to withdraw artificial nutrition and hydration from a patient in a minimally conscious state on the basis of that patient’s previously expressed wishes and feelings. Application refused. Guidance given as to the approach to be taken by the Court of Protection in determining the ‘best interests’ of a patient in such a state.

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K (A Child) [2011] EWCA Civ 1075

Appeal of a contact order which had required the father to vacate accommodation for the purposes of facilitating contact by the mother and furthermore for him to go to Bulgaria with his daughter for contact by the mother during the half term school holiday.

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Doncaster MBC v Watson [2011] EWHC 2376 (Fam)

Application to purge a contempt of court. Prison sentence of 9 months suspended for 2 years.

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SMBC v WMP and Others [2011] EWHC B13 (COP)

Local Authority application for a declaration, inter alia, as to the capacity to marry and deal with complex financial matters of one of three brothers.

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K (Children) [2011] EWCA Civ 1064

Appeal by father against an order for no direct contact between him and his three children. Appeal dismissed.

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Mansfield v Mansfield [2011] EWCA Civ 1056

Appeal within ancillary relief proceedings where the family assets had arisen from a substantial damages award from a personal injury claim brought in the Queen’s Bench Division.

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SK v WL [2010] EWHC 3768 (Fam)

Ancillary relief proceedings. Wife sought equal division of assets. Husband argued that the Wife should receive only 25% on the basis of a ‘very significant post-separation accrual’. Wife awarded 40% of assets.

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Hutchings-Whelan v Hutchings [2011] EWCA Civ 1048

Application for permission to appeal in the context of fiercely fought fresh ancillary relief proceedings following the setting aside of the original consent order due to non-disclosure in the original proceedings.

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Doncaster MBC v Haigh, Tune and X [2011] EWHC B16 (Fam)

Applications by local authority (1) to put the facts of children proceedings into the public domain in order to counteract misleading information already disseminated by the mother and others; and (2) for a s 91(14) order against the mother. Both orders granted by the President who explained the background of the case.

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Doncaster MBC v Watson and Haigh [2011] EWHC B15 (Fam)

Application by local authority to have the respondents committed to prison for contempt. In this judgment the President explains why he found Ms Watson in contempt.

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A (A Child) [2011] EWCA Civ 1037

Application for permission to appeal against interim care order and against findings of fact that the appellant had been violent and bullying. Applications dismissed.

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