Case Summaries

R v R [2009] EWHC 1267 (Fam)

Judgment in big money ancillary relief proceedings following a 22 year marriage, involving substantial inherited wealth, family companies and partnerships. The wife was awarded roughly £7.5m.

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S (A Child) [2010] EWCA Civ 219

Application for permission to appeal by mother against an order transferring residence of a child to the father, primarily on the grounds that there was no evidence to sustain the judge’s change of attitude on the matter. Application refused.

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C (Children) [2010] EWCA Civ 239

Application by father for permission to appeal, with appeal to follow, order in private law proceedings requiring him, at a scheduled hearing, to disclose information relating to communications and meetings with his local MP. Application granted, appeal refused.

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A v Ward [2010] EWHC 538 (Fam)

Judgment arising out of written request by BBC to clarify an order disapplying s12 of the Administration of Justice Act to allow parents wrongly involved in care proceedings to publicise their experiences. The order was amended under the slip rule.

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L v K (Jud)

Judgment in ancillary relief proceedings involving conduct, inherited wealth and post-nuptial agreements where the husband had been convicted and jailed for sexually abusing his step-granddaughters and the main family wealth was inherited by the wife. There was no award made to the husband.

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L v K (Jud re Costs) [2009] EWHC 2213

Judgment concerning costs in ancillary relief proceedings involving conduct, inherited wealth and post-nuptial agreements and where the husband had been convicted and jailed for sexually abusing his step-granddaughters. The husband was ordered to pay a £50,000 contribution to the wife’s costs because of his conduct in the proceedings.

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Birmingham City Council v AG and others [2009] EWHC 3720 (Fam)

Judgment in care proceedings relating to threshold criteria where one of six children in a family had been suspected of starving to death.

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W v W [2010] EWHC 332 (Fam)

Application by father for return of three children to the Republic of Ireland under the Hague Convention. Application failed.

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Lyons v Lyons [2010] EWCA Civ 177

Application by wife for permission to appeal, with appeal to follow, an order in ancillary relief proceedings where, in a clean break, the husband was allowed time to rearrange security charged against properties owned by the wife. Application granted and appeal allowed in part.

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Wakefield MDC v The Media and others [2010] EWHC 262 (Fam)

Application by birth parents of adopted children to lift or vary injunctions preventing them from publicising what they consider were the injustices they had suffered.

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Marano v Marano [2010] EWCA Civ 119

Appeal by wife against a lump sum order in ancillary relief proceedings where the value of the husband’s property developments had fallen dramatically between filling of Form E and the trial. Appeal dismissed.

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Francis v Francis [2010] EWCA Civ 182

Application by husband for permission to appeal a second time an order in ancillary relief proceedings. Application granted in part on the ground that it raised an important question about the nature of a rehearing and when to apply Barder rules.

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Agbaje v Akinnoye-Agbaje [2010] UKSC 13

Appeal to the Supreme Court by wife in ancillary relief proceedings under Part III of the Matrimonial and Family Proceedings Act 1984. Appeal allowed unanimously and the order of the High Court restored.

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A (A Child) [2009] EWCA Civ 1548

Application by father for permission to appeal, with appeal to follow, orders in contact proceedings including a s91(14) order. Permission was granted and the appeal relating to the s91(14) order was allowed.

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W (Children) [2010] UKSC 12

Appeal to the Supreme Court by father in care proceedings relating to five children. At issue were the principles guiding the exercise of the court’s discretion in deciding whether to order a child to attend to give evidence in family proceedings. Appeal allowed.

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A Local Authority v S [2009] EWHC 2115 (Fam)

Judgment in care proceedings concerning threshold criteria in a suspected shaken baby case where there was disagreement between some of the experts involved. The threshold was found to have been crossed.

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