Case Summaries

Jones v Jones [2010] EWCA Civ 890

Wife’s application for permission to appeal Charles J’s order within ancillary relief proceedings.
Permission to appeal on specified grounds granted with judicial encouragement to resolve the matter by court-led mediation.

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M (Children) [2010] EWCA Civ 845

Appeal against care and placement orders by a young mother who had a close relationship with her two children. The Court concluded that living at the maternal grandparents’ home was likely to cause emotional harm to the children but that it was not practical for the mother and children to live alone. Appeal dismissed.

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PM v KH and another [2010] EWHC 1579

Judgment explaining orders made at earlier hearing including orders re welfare of child, transition plan, injunctions, blocking/unblocking funds and directions re committal application.

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RT v LT and another [2010] EWHC 1910

Proceedings in the Court of Protection under Mental Capacity Act 2005 as to capacity to make decisions about (1) where adult should live; and (2) what contact she should have with members of her family. Held that she did not have capacity.

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Tchenguiz v Imerman; Imerman v Imerman [2010] EWCA Civ 908

Interlocutory appeal and cross-appeal in ancillary relief proceedings relating to Hildebrand rules. Order upheld that W deliver obtained files to H’s solicitors (and retain no copies) and that W and her solicitors be restrained, at least for the time being, from using any information they might have gained from reading the files.

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Weiner v. Weiner [2010] EWHC 1843

Whether it is permissible to serve documents initiating divorce proceedings on a Sunday and the effect, if any, of Sunday service on the court’s jurisdiction under Brussels II Revised.

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McG v Neath County Borough Council [2010] EWCA Civ 821

Appeal by mother against care and placement orders. Appeal allowed, interim care orders made, finding made of sexual abuse in respect of one of the children was set aside. Transfer to the High Court for directions.

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Golubovich v Golubovich [2010] EWCA Civ 810

Jurisdiction dispute concerning whether the court should recognise a decree of divorce obtained by the husband in Russia in breach of undertaking/Hemain injunction in England. On appeal, Singer J’s decision on public policy grounds, to refuse to recognise the Russian decree was overturned by the Court of Appeal.

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G v E [2010] EWCA Civ 822

Appeal against a decision that E who lacks capacity should not return to live with F with whom he had lived under an adult placement. Appeal dismissed and guidance given by the Sir Nicholas Wall P. re. Art 5 ECHR in relation to cases concerning vulnerable adults.

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F (Children) [2010] EWCA Civ 826

Successful appeal to the Court of Appeal -overturning an order for interim care orders and a refusal of permission to instruct an independent social worker.

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A Local Authority v A [2010] EWHC 1549 (Fam)

Interim application in the Court of Protection for declarations as to the capacity and best interests of a vulnerable adult woman. Application refused.

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R (C) v Nottingham City Council [2010] EWCA Civ 790

Appeal in judicial review proceedings against decision that local authority did not owe duties to the claimants under sections 23A, 23B and 23C of the Children Act 1989. Appeal refused.

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P [2010] EWHC 1592

Application in the Court of Protection for appointment as deputies as to welfare and finance in respect of vulnerable adult. Application granted, subject to conditions.

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S (A Child) [2010] EWCA Civ 786

Application by mother for permission to appeal against various orders under the Children Act 1989, including residence order and specific issue orders. Application refused.

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LA v SB, AB & MB [2010] EWCA Civ 1744

Local Authority initially sought an order that a 6 year old suffering from a rare disease could undergo recommended surgery but subsequently decided it wanted further consultation with the parents. Sir Nicholas Wall P. held there was no continuing role for the court and made consequential orders.

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K v L [2010] EWHC 1234

Ancillary Relief case concerning treatment of a pre-marital inheritance (£57.4 million). All the assets had been inherited by the wife before the parties meet, were later brought into the marriage, and then used as the only financial support during the marriage. Bodey J ordered a lump sum of £5 million to be paid to husband.

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