Case Summaries

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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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Marano v Marano [2009] EWCA Civ 967

Application, by wife, for permission to appeal a lump sum order in the husband’s favour where the value of his property investments had plummeted. Application granted.

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Grubb v Grubb [2009] EWCA Civ 976

Application by husband for permission to appeal an occupation order that he should vacate the matrimonial home. Application refused.

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I (A Child) [2009] EWCA Civ 965

Appeal arising from a conclusion that the English courts did not have jurisdiction in a case involving contact between a mother and a child now in Pakistan: counsel used a novel argument that Brussels II Revised could apply outside of EU Member states. Appeal dismissed.

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C (Children) [2009] EWCA Civ 959

Appeal by mother against against a care order and related contact provisions concerning her two children. Appeal dismissed.

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C (A Child) [2009] EWCA Civ 955

Application by mother for permission to appeal, with appeal to follow, decision to discharge a care order against her 15 year old son. Application granted; appeal dismissed.

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H (A Child) [2009] EWHC 2280 (Fam)

Judgment arising from an application by father, under Brussels II Revised, for reasonable direct contact with his wrongfully retained child.

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MGR (A Minor) [2009] EWCA Civ 942

Appeal by local authority against refusal of judge to find that threshold criteria had been crossed. Appeal allowed.

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R (On the application of Creed) v HMCS & Anor [2009] EWHC 3610 (Admin)

Application for judicial review arising from liability order in child support. Application refused.

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