Case Summaries

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Kernott v Jones [2010] EWCA Civ 578

Cohabitants’ property dispute. The principal issue at trial and on the first and second appeals was whether and, if so, to what extent the equal beneficial interests of the co-owners had been varied after their separation. Appeal allowed.

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DH NHS Foundation Trust v PS [2010] EWHC 1217

Application in the Court of Protection for declarations relating to the medical treatment of a vulnerable adult lacking mental capacity. Declarations granted.

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De Bruyne v De Bruyne [2010] EWCA 519 Civ

Appeal by a wife against an order in a big money ancillary relief case.

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G v E and others [2010] EWCA 548 Civ

Renewed application for permission to appeal against placement order. Application granted.

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W (Minors) [2010] EWCA 520 Civ

Application for permission to appeal against a refusal to return children to the Republic of Ireland under the Child Abduction and Custody Act 1985. Application refused.

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JKN v JCN [2010] EWHC 843

A dispute concerning the appropriate forum for divorce proceedings. Consideration of whether Brussels II Revised and/or the judgment in Oswusu prevented the English Court exercising its discretionary jurisdiction to stay English divorce proceedings.

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B v B [2010] EWHC 193

Ancillary relief case where the principal issue was the extent to which substantial post-separation income should be brought into account in assessing the wife’s award.

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R (TG) v London Borough of Lambeth [2010] EWHC 907 QB

Claim for judicial review of decision not to accommodate claimant under Children Act 1989 section 23C. Claim failed.

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PM v KH & Another [2010] EWHC 870

Proceedings under the inherent jurisdiction in respect of young adult lacking capacity.

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D (Children) [2010] EWCA 496 Civ

Appeal by mother against residence order in favour of paternal grandparents following intractable contact dispute. Appeal dismissed.

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R (C) v Nottingham City Council [2010] EWCA 501 Civ

Renewed application for permission to appeal against decision that local authority did not owe duties to the claimants under sections 23A, 23B and 23C of the Children Act 1989. Application granted.

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N v N [2010] EWHC 717 (Fam)

Judgment in high value ancillary relief case involving inherited, gifted and business assets. Lump sum awarded.

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Brookes v Sec of State for Works and Pensions [2010] EWCA 420

Judicial Review application re Child Maintenance and Support Commission’s decisions to instruct bailiffs/apply for committal/disqualification for assessed arrears where the welfare of children of the family may be affected and alleging breach of Article 8 ECHR. Application refused.

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G (A Child) [2010] EWCA 470

Appeal by a father against an order that he was to have no contact with his daughter and was not to make an application for contact or residence without the court’s permission for a period of five years. Appeal allowed and period of two years substituted during which indirect contact would be permitted.

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K (A Child) [2010] EWCA 478

Application by father for permission to appeal, with appeal to follow, an order refusing him direct supervised contact with daughter. Application granted and appeal allowed.

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S (A Child) [2010] EWCA 465

Application to set aside wardship and ancillary orders including return to the UK. Wardship upheld but order requiring return stayed pending determination of proceedings for interim care.

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