Case Summaries

N (A Child) [2009] EWHC 3055 (Fam)

Judgment arising from a guardian’s application for a s.91(14) orders against both parents following litigious contact and residence proceedings. An order was made for four years.

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W & M (Children) [2009] EWCA Civ 1278

Application for permission to appeal, with appeal to follow, refusal to allow a s38(6) residential assessment in care proceedings. Application granted but appeal dismissed.

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R (on the application of A) v London Borough of Croydon: R (on the application of M) v London Borough of Lambeth [2009] UKSC 8

Appeals against age assessments by local authorities for the purposes of establishing duties under s20 of the Children Act 1989. Appeals allowed.

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I (A Child) [2009] UKSC 10

Appeal concerning whether an English court has jurisdiction to determine the future level of contact between a child and his mother where the child does not habitually reside in an EU Member State.

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Miller-Smith v Miller-Smith [2009] EWCA Civ 1297

Appeal by wife against an order to sell the matrimonial home with vacant possession made under TOLATA proceedings. Appeal dismissed.

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J (A Child) [2009] EWCA Civ 1210

Appeal by mother against refusals to allow further assessment of her capacity to care and to allow her McKenzie Friend to represent her in the final hearing. Appeal on second point allowed.

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M (Children) [2009] EWCA Civ 1216

Application by father for permission to appeal, with appeal to follow, refusal to adjourn contact proceedings as the father was not fit to give evidence on the day. Application granted and appeal allowed.

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B (A Child) [2009] EWCA Civ 1243

Application for permission to appeal, with appeal to follow, refusal to adjourn care proceedings so an intervenor could prepare their case properly. Application and appeal allowed.

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E (A Child) [2009] EWCA Civ 1238

Application by father for permission to appeal, with appeal to follow, refusal of leave to appeal and related directions in disputed contact proceedings. Application and appeal allowed.

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B (A Child) [2009] EWCA Civ 1254

Application by guardian and local authority for permission to appeal, with appeal to follow, a decision to make an interim supervision order rather than an interim care order. Appeal allowed.

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L (A Child) [2009] EWCA Civ 1239

Appeal by parents and guardian against directions in care proceedings requiring that swabs be taken from two children to establish paternity. Appeal allowed.

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T (A Child) [2009] EWCA Civ 1208

Application by mother for permission to appeal, with appeal to follow, findings over causation of injuries arising from care proceedings. Application allowed but appeal dismissed.

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Independent News and Media Ltd & Ors v A (by the Official Solicitor) [2009] EWHC 2858 (Fam)

Application by media organisations to attend Court of Protection hearings involving a young adult (A) who lacks capacity but who has a talent that have brought him public recognition. Application granted.

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H (A Minor and an Incapacitated Person) CASE No 11461874

Application by deputy appointed by the Court of Protection to reduce the sum required for security. The sum was reduced from £750,000 to £175,000.

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B (A Child) [2009] UKSC 5

Appeal by maternal grandmother against decision to transfer residence of her grandchild, who had lived with her since birth, to the child’s biological father. Appeal allowed.

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K v K [2009] EWHC 2721 (Fam)

Judgment in application for summary return of child of Polish parents removed to the UK from Ireland where they lived and worked. The judge exercised his discretion to refuse to order a return on the grounds of consent.

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