Case Summaries

Hashem v Shayif & Anor [2009] EWHC 864 (Fam)

Judgment principally concerning costs arising from complex ancillary relief and Chancery proceedings.

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Qayyum v Hameed & Anor [2009] EWCA Civ 352

Appeal by wife against a finding that a property is owned in equal shares by her and her husband. Appeal dismissed.

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F (A Child) [2009] EWCA Civ 313

Appeal by mother against order, in contact and shared residence proceedings, that her children should be returned to live in the city where they had grown up with the father. Appeal dismissed.

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Mcalester (R, on the application of) v Secretary of State for Work and Pensions [2008] EWHC 3519 (Admin)

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M (A Child) [2009] EWCA Civ 315

Application for permission to appeal, with appeal to follow, by mother against case management decision not to investigate the possibility of a further residential assessment where she was herself a minor and the application was proposed by the Official Solicitor. Appeal allowed.

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CN v RN & Ors [2009] EWHC 640 (Fam)

Judgment arising from contact and wrongful removal of a child where the defendant mother was found to be in contempt of court and a writ of sequestration was issued.

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A Minor (Family Proceedings: Electronic Tagging), Re [2009] EWHC 710 (Fam)

Judgment concerning the use of electronic tagging to allow contact where the mother has twice wrongfully removed the child to her country of origin. Contains specimen order.

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N-F (children) [2009] EWCA Civ 274

Application by local authority for permission to appeal, with appeal to follow, decision to grant supervision orders rather than interim care orders for two children, where two siblings had been made subject to care orders. Application granted, appeal dismissed.

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Hameed v Qayyum [2008] EWHC 2274 (Ch)

Application by a third party for an order for sale to enforce a charging order against a husband where the wife claimed that she had a 100% beneficial interest in the property. Application allowed.

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Myerson v Myerson [2009] EWCA Civ 282

Appeal by husband against an order in ancillary relief proceedings on the ground that a fall in the value of shares undermined the basis of the order and represented a Barder event. Appeal dismissed.

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Chopra v Bindra [2009] EWCA Civ 203

Appeal against a finding that a husband’s sister was entitled to the proceeds of sale of the matrimonial home. Appeal dismissed.

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B & H (Children) [2009] EWCA Civ 228

Application for permission to appeal findings of fact in care proceedings brought by a social services team manager after allegations were made about her working practices in the course of the proceedings. Application refused.

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Stodgell v Stodgell [2009] EWCA Civ 243

Application for permission to appeal order that the wife’s ancillary relief claim cannot proceed until a confiscation order arising from tax offences has been discharged. Permission refused.

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Bury MBC v D [2009] EWHC 446 (Fam)

Judgment concerning whether a local authority’s plan to remove a child from its mother immediately at birth without informing the mother of their intentions was lawful. A declaration that their actions were lawful was granted.

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Truex v Toll [2009] EWHC 396 (Ch)

Appeal against bankruptcy order arising from a dispute over costs in ancillary relief proceedings. Appeal allowed.

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