Case Summaries

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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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Di Matteo v Marcus Lee & Co [2010] EWHC 312 (QB)

Claim for damages arising from an alleged failure by the claimant’s solicitors to serve proceedings in time in an action for negligence against two firms of solicitors who had advised him in ancillary relief proceedings. The claimant was awarded £15,000.

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K v L [2010] EWCA Civ 125

Application by husband for permission to appeal an order in ancillary relief proceedings in circumstances where he had been found guilty of sexually abusing his step grand daughters. Application refused.

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Imerman v Tchenguiz [2010] EWCA Civ 126

Application for permission to appeal order concerning restraint on disclosure of irregularly obtained confidential information for use in ancillary relief proceedings. Application granted.

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Jayasinghe v Don Liyanage [2010] EWHC 265 (Ch)

Appeal against decision of a Deputy Adjudicator of the Land Registry cancelling the appellant’s application for registration of a restriction on a property on the grounds that she was the sole beneficiary under a resulting trust. Appeal dismissed.

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Karsten v Markham [2009] EWHC 3658 (Ch)

Judgment arising in proceedings to enforce payment of debts between former cohabitants where the defendant claimed that a TR1 form and deed had been signed as a result of undue influence.

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C (A Child) [2010] EWCA Civ 89

Application by mother for permission to appeal, with appeal to follow, an order allowing staying contact for her child with the paternal grandparents where the father had been found to have been guilty of sexual misconduct with his son. Application granted and appeal allowed.

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