Case Summaries

P (R, on the application of) v London Borough of Croydon [2009] EWHC 1993 (Admin)

Application for judicial review concerning an age assessment report which found the applicant to be just over 17 years old. A review of the age assessment decision was ordered.

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MA (Children) [2009] EWCA Civ 853

Appeal by guardian, representing three children, with cross-appeals by the parents arising from dismissal of care proceedings where there had been allegations, among other things, of physical abuse as punishment. Appeal dismissed on a majority.

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N (A Child) [2009] EWHC 1807 (Fam)

Judgment arising from applications by father to amend or vary a consent order concerning residence and contact. No orders were made.

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Heath v Heath & Anor [2009] EWHC 1908 (Ch)

Application by second wife for specific performance of an agreement with the deceased’s first wife (1st defendant) for the sale of her half share of the matrimonial home. The judge found that the agreement was not specifically enforceable but held that the claimant and 1st defendant now held the property in trust in equal shares.

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W Primary Care Trust v TB & Ors [2009] EWHC 1737 (Fam)

Application by health care trust and the Official Solicitor for a declaration that they can deprive a vulnerable adult of her liberty under the Mental Capacity Act 2005. The declaration was to be made but in the event the subject committed suicide before this judgment was pronounced.

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N (A Child) [2009] EWHC 1663 (Fam)

Application to allow disclosure of documents arising out of private children law proceedings to enable the applicant to make a complaint to the GMC about an expert witness in the proceedings. No order was made on the application.

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Jones v Kernott [2009] EWHC 1713 (Ch)

Appeal against decision arising from claims under TOLATA where the beneficial interests in a property were deemed to have changed after a couple ceased to cohabit. Appeal dismissed.

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Slade v Slade [2009] EWCA Civ 748

Appeal by former wife against sentencing for contempt of court. Appeal allowed.

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Moore v Moore [2009] EWCA Civ 737

Application by wife for security for costs arising out of ancillary relief proceedings. Application allowed.

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Hvorostovsky v Hvorostovsky [2009] EWCA Civ 791

Appeal by wife against order for periodical payments following her application to vary. Appeal allowed.

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L-A (Children) [2009] EWCA Civ 822

Appeal by local authority against refusal to allow removal of children from their home in care proceedings arising out of alleged chronic neglect. Appeal allowed and matter sent for retrial.

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A (Children) [2009] EWCA Civ 676

Application by wife for permission to appeal, out of time, an order in ancillary relief proceedings for a transfer of property. Application refused.

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C (A Child) [2009] EWCA Civ 674

Application by mother for permission to appeal, with appeal to follow, refusal of application for unsupervised contact and imposition of a s91(14) order. Appeal allowed in part with the s 91(14) order set aside.

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Ngwu v Ngwu [2009] EWCA Civ 675

Second appeal by wife against an order in ancillary relief proceedings where she had been found liable to a substantial part of the husband’s costs. Appeal dismissed.

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Hems v Clemans [2009] EWCA Civ 672

Application for permission to appeal, with appeal to follow, order concerning enforcement in ancillary relief proceedings. Application granted and matter remitted back to county court.

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