Case Summaries

O-M (Children) [2009] EWCA Civ 1405

Reasons for dismissal of appeal and renewed application for permission to appeal by parents against orders made in care proceedings concerning a refusal to allow instruction of medical experts.

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SR v CR (ancillary relief: family trusts) [2008] EWHC 2329 (Fam)

Matrimonial finance case in which Singer J considers the extent to which the Husband’s interests under trusts should properly be taken into account in assessing the parties’ assets.

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W v W [2009] EWHC 3288 (Fam)

Application by sister to be joined as a defendant in Hague Proceedings concerning her brother. Application granted.

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B v I Case No: FD09F05012

Judgment arising from an application to find that a marriage conducted in Bangladesh was not capable of being recognised in the United Kingdom. A declaration in these terms was made.

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S-B (Children) [2009] UKSC 17

Appeal by mother against finding that she had been a possible perpetrator of harm to her eldest child which subsequently led to the removal of her second child. Appeal allowed and remitted for hearing before a different judge.

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J (Children) 2009 EWCA Civ 1350

Appeal concerning proper approach re. application for costs by one parent against the other at the end of a bespoke fact-finding hearing within contact proceedings. Appeal allowed and Respondent ordered to pay two thirds of the costs of the hearing before the District Judge.

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Salford City Council v BJ 2009 EWHC 3310 (Fam)

Deprivation of liberty case involving lack of capacity in which Munby LJ gives guidance on court reviews, and internal reviews in such cases.

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De L v H 2009 EWHC 3074 (Fam)

Hague Convention application by Portuguese mother for return of 13 and a half year old son. The President refused the application.

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H (Children) 2009 EWCA Civ 1293

Parents with a history of drug abuse appealed against a county court order refusing their application to revoke placement orders in respect of their two sons. Appeal refused –the county court judge had acted within the limits of the very broad discretion he had in such a case as this.

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Cart (R on the application of) v Child Maintenance Enforcement Commission 2009 EWHC 3052 (Admin)

A preliminary issue as to whether the judicial review jurisdiction of the High Court extended to decisions of the Upper Tribunal concerning the decision of the UT to refuse permission to appeal to itself, against a decision of the First-tier Tribunal (“FTT”) relating to child maintenance payable by the claimant. Application dismissed.

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O v L, I and Orkney Island Council [2009] EWHC 3173 (Fam)

Application for a special guardianship order under the Children Act 1989, s 14A. In a dispute as to which local authority was responsible for producing a report under section 14A(8), it was determined that the obligation lay with Cambridgeshire County Council in whose locality the child now resided.

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A Local Authority v M & M (by their guardian) & Ors [2009] EWHC 3172 (Fam)

Application by mother and guardian in care proceedings to discharge father from the proceedings in a case where the father does not know the whereabouts of the mother and the children. Application allowed.

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AW (A Child) (R, on the application of) v London Borough of Croydon [2009] EWHC 3090 (Admin)

Claim seeking judicial review of an age assessment decision for the purposes of determining the applicant’s eligibility for support from the local authority under the Children Act. Claim dismissed.

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GJ v The Foundation Trust & Ors [2009] EWHC 2972 (Fam)

Judgment arising from Court of Protection proceedings and deprivation of liberty for the purposes of providing treatment to the subject.

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