Case Summaries

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R (on the application of G) v London Borough of Southwark [2009] UKHL 26

Appeal against a majority decision of the Court of Appeal that a local authority can arrange for a child in need to be accommodated under Part VII of the Children Act 1989 rather than under s20 of the Children Act 1989. Appeal allowed.

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(1) A v LB of Croydon & Secretary of State for Home Department (Interested Party); (2) WK v Secretary of State for Home Department & Kent CC [2009] EWHC 939 (Admin)

Judgment given to provide guidance on how local authorities and the Secretary of State for the Home Office should respond when presented with a paediatrician’s report that their age assessment, for the purposes of providing asylum or housing assistance, is wrong.

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A (A Child), Re [2009] EWHC 865 (Fam)

Appeal by local authority against an order in care proceedings where was alleged that the FPC had interfered with the local authority’s decision making in relation to parental responsibility. Appeal dismissed.

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Brittain v Haghigat [2009] EWHC 934 (Ch)

Application for a rehearing in bankruptcy proceedings where the applicant claimed that the judge had been “tricked” into error when making orders concerning the matrimonial home. Application refused.

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EW & BW v Nottinghamshire County Council [2009] EWHC 915 (Admin)

Application for judicial review arising from alleged failure of a local authority to provide properly drafted core assessments of children in need. Application refused.

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H (A Child) [2009] EWCA Civ 334

Application by step-father for permission to appeal findings of fact in care proceedings relating to allegations of sexual abuse on his step-daughter. Applications refused.

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M (A Child) [2009] EWCA Civ 311

Application by father for permission to appeal costs arising from contact proceedings. Application refused.

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R (A Child) [2009] EWCA Civ 358

Application by mother for permission to appeal, with appeal to follow, an order awarding residence of her son to the paternal grandparents. Appeal allowed.

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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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