Case Summaries

Baker v Rowe [2009] EWCA Civ 1162

Application, by intervenor in ancillary relief proceedings, for permission to appeal costs order with appeal to follow. Application allowed but appeal dismissed.

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A (Children) [2009] EWCA Civ 1141

Appeal by mother as primary carer against order transferring residence of three children to their father. Appeal allowed.

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Topham & Anor v French [2009] EWCA Civ 1129

Application for permission to appeal an order for costs arising from application by a trustee in bankruptcy to sell the matrimonial home. Permission granted.

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S (R, on the application of) v Hampshire County Council [2009] EWHC 2537 (Admin)

Application for judicial review of a Core Assessment for the purposes of the Children Act where the child was claimed to have severe disabilities and behavioural difficulties. Application refused.

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T v W [2009] EWHC 2448 (QB)

Judgment arising from application for injunction preventing disclosure of confidential information. Application allowed and interim order granted.

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White v Withers & Anor [2009] EWCA Civ 1122

Application for permission to appeal, with appeal to follow, striking out of claim for damages arising from the use of Hildebrand documents in ancillary relief proceedings. Application granted and appeal allowed.

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W-M (Children) [2009] EWCA Civ 1105

Application for permission to appeal, with appeal to follow, final care orders. Application and appeal granted and matter remitted to the county court.

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E (A Child) [2009] EWCA Civ 1103

Application for permission to appeal, with appeal to follow, decision to return a child to Spain under Hague Convention proceedings on the ground that return would be intolerable. Application refused.

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M (A Child) [2009] EWCA Civ 1093

Application by father for permission to appeal finding of fact in care proceedings by adducing fresh evidence. Application granted.

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Barry (R, on the application of) v Birmingham Magistrates Court [2009] EWHC 2571 (Admin)

Application for judicial review of refusal of district judge to issue a summons in a private prosecution under the Protection from Harassment Act. Application granted and matter sent for reconsideration.

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S (A Child) [2009] EWCA Civ 1021

Appeal concerning the habitual residence of a child removed by the father to Belgium. Appeal dismissed.

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S-B (Children) [2009] EWCA Civ 1048

Appeal by mother against finding that she was a possible perpetrator of non-accidental injuries. Appeal dismissed.

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ASB & KBS v MQS [2009] EWHC 2491 (Fam)

Judgment arising from adoption proceedings where a resident Pakistani couple were seeking to adopt one of the wife’s brother’s sons. Application allowed.

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L (A Child) [2009] EWCA Civ 1008

Appeal by mother against a judge’s conclusions after a fact-finding hearing and a refusal to allow a risk assessment on her parenting capacity. Appeal allowed and returned to court for final hearing.

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K v K [2009] EWCA Civ 986

Application for permission to appeal, with appeal to follow, application of Spanish law in a case concerning two children who have been brought to the UK by their mother. Application allowed but appeal dismissed.

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S (A Child) [2009] EWCA Civ 993

Appeal by mother against permission to register an order under Brussels II bis for return of her child to Milan involving issues around the correct appellate route in such cases. The Appeal was remitted to the High Court.

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