Case Summaries

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KSO v MJO & Anor [2009] EWHC 2152 (Fam)

Application for discharge of a freezing order arising from costs in ancillary relief proceedings. Application dismissed.

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P (A Child) [2009] EWCA Civ 908

Appeal by mother against finding of fact arising from contact proceedings. Appeal dismissed.

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O (A Child) [2009] EWCA Civ 876

Application by two prospective carers for permission to appeal, with appeal to follow, a local authority’s viability assessment. Application allowed but appeal dismissed.

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K, R v [2009] EWCA Crim 1640

Appeals, and cross-appeals, concerning directions in tax evasion criminal proceedings arising out of disclosure made on a Form E and other statements made in ancillary relief proceedings.

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GC v LD & Ors [2009] EWHC 1942 (Fam)

Judgment concerning which local authority should pay allowances in a case where a special guardianship order would mean the child moving to another authority.

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N (A Child) [2009] EWHC 2096 (Fam)

Judgment dealing principally with costs arising from contentious contact and residence litigation between unmarried parents.

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AB v Nugent Care Society: GR v Wirral Metropolitan Borough Council [2009] EWCA Civ 827

Appeals and cross-appeals concerning application of ss 14 & 33 of the Limitation Act in two separate actions where there are allegations of sexual abuse at children’s homes.

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M v M [2009] EWHC 1941 (Fam)

Judgment arising from application for costs in ancillary relief proceedings that the wife should pay 50% of the husband’s costs. An order was made roughly equating to 20% of the costs.

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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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