Case Summaries

Ambrosiadou v Coward [2011] EWCA Civ 409

An appeal from a decision of Eady J refusing the continuation of an interlocutory injunction preventing the husband from dealing or parting with possession of any documents filed or served in Greek divorce proceedings, or from publishing any information from those documents. Appeal allowed.

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Hemans V RB Windsor & Maidenhead [2011] EWCA Civ 374

Appeal by local authority against finding of homelessness under Part VII of the Housing Act 2006 because interim accommodation was inappropriate for child’s welfare. Appeal allowed.

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ND v KP (Asset freezing) [2011] EWHC 457 (Fam)

Application by the wife for the extension of an ex parte freezing order against the husband’s assets. Cross-application by the husband for, amongst other matters, a discharge of the order. The order was discharged. Wife also ordered to obtain a discharge of a mirror order made in Switzerland.

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Eliassen and Baldock v Eliassen and others [2011] EWCA Civ 361

Court of Appeal judgment in an international child abduction case considering whether an Article 13(b) Hague Convention defence required the court to conduct a full welfare enquiry.

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A Local Authority v C [2011] EWHC 231

Fact-finding. Allegations of sexual abuse to pre-pubertal child and the importance of compliance with the RCPCH Guidelines.

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DE v AB [2010] EWHC 3792

Appeal by father against an award under Schedule 1 to the Children Act 1989. Appeal partially successful.

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D [2010] EWHC 3342

Judgment in care proceedings as to whether there should be a fact-finding hearing into the father’s alleged involvement in the death of his child from a previous relationship, K, the father having been acquitted of murder or manslaughter in relation to the same allegations. Hedley J held that there should not be a fact-finding hearing.

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M (A Minor) [2011] EWCA Civ 317

Court of Appeal judgment concerning the granting of leave under s. 47(5) Adoption and Children Act 2002 for a parent to defend an adoption. Appeal dismissed.

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A v A Local Authority [2011] EWHC 727 (COP)

Application in the Court of Protection on behalf of A pursuant to s.21A of the Mental Capacity Act 2005 to vary the terms of the standard authorisation approved by a local authority authorising the deprivation of A’s liberty at a nursing home.

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Mercredi v Chaffe [2011] EWCA Civ 272

Appeal by a mother against order for child’s return to the UK, and against declarations of habitual residence, wrongful retention, and rights of custody. Appeal successful and orders set aside.

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Al-Saedy v Musawi [2010] EWHC 3293

High Court judgment in defended divorce proceedings on the questions issues of (i) whether as a matter of fact the parties had been married and (ii) if they were not married, whether as a matter of law a valid marriage could be presumed.

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Re A and D (Children) [2011] EWCA Civ 265

An appeal from the decision of the President, reported on Family Law Week as ES v AJ [2010] EWHC 1113. The President had found twins to be habitually resident in Cameroon and accordingly that he had no jurisdiction in respect of them. Appeal dismissed.

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M v F [2011] EWCA Civ 273

Court of Appeal. Consideration of the test to be applied by the court on an application by a mother to prevent the father of a legitimate child being informed of the existence of his child, when mother sought the child to be placed for adoption by the local authority.

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N v F [2011] EWHC 586 Fam

Ancillary Relief: The treatment of pre-acquired wealth after a long marriage. Whether the assessment of a party’s needs can be informed by pre-marital property.

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Re A (A Child) [2011] EWHC 517 (Fam)

Consideration of whether s.31 Children Act 1989 threshold had been crossed where it could not be shown that a child’s injuries had been caused by his parents.

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Hargreaves v Salt [2011] EWCA Civ 248

Appeal against findings of fact as to a transaction being at an undervalue in insolvency and related matrimonial proceedings. Permission to appeal unanimously refused.

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