Case Summaries

Rothwell v Rothwell [2008] EWCA Civ 1600

Judgment concerning costs after a failure of a mediated agreement in ancillary relief proceedings. No order for costs was made.

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W (Children) [2009] EWCA Civ 59

Application for permission to appeal, out of time, adoption orders made on the basis of medical evidence later found to be flawed. Application dismissed.

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A (A Child) [2009] EWCA Civ 41

Appeal by local authority against refusal to i) approve proposal to allow a child to live with prospective adoptive parents in the US for the purposes of assessment and ii) make a declaration that there was no legal bar for taking that period in the US into account for he purpose of s84(4) of the Adoption and Children Act 2002. Appeal allowed.

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Equal Care and Housing: Welfare v Resources?

Byron James, of Guildford Chambers, reviews the recent Lords decision in Holmes-Moorhouse v LB of Richmond which dealt with the clash between court orders on residence and the housing resources of a local authority.

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T (A Child) [2009] EWCA Civ 20

Application for permission to appeal, with appeal to follow, refusal to allow a mother relocate to Somerset from London in a case involving a shared residence order for the couple’s daughter. Permission granted but appeal dismissed.

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Holmes-Moorhouse v London Borough of Richmond Upon Thames [2009] UKHL 7

Appeal by local authority against decision that a housing officer had misdirected himself in refusing a father’s request for housing in the light of a residence order. Appeal allowed.

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Re Haghighat (A Bankrupt) [2009] EWHC 90 (Ch)

Judgment arising from an application by trustee in bankruptcy for order for possession and sale of the family home. Order for possession granted but deferred.

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Papanicola v Fagan [2008] EWHC 3348 (Ch)

Applications by trustee in bankruptcy seeking to set aside a declaration of trust made in favour of the bankrupt’s wife on the grounds that it was as a transaction at an undervalue and that it was a transaction seeking to put the assets beyond the reach of creditors. Application failed.

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G & B (Children) [2009] EWCA Civ 10

Reasons given for allowing appeal by father seeking to amend the trial judge’s findings of fact. The appeal was allowed.

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A (R on the application of) v Coventry City Council [2009] EWHC 34 (Admin)

Judgment arising from judicial review proceedings concerning a local authority’s decision that the claimant had been accommodated under a private fostering arrangement and was not eligible for continuing financial assistance.

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Seiden v Fularon [2008] EWCA Civ 1548

Application for permission to appeal grant of decree nisi of nullity. Application dismissed.

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R (A Child) [2008] EWCA Civ 1573

Appeal against findings of fact in care proceedings. Appeal allowed.

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B (A Child) [2008] EWCA Civ 1547

Appeal by local authority against findings of fact in care proceedings. Appeal allowed.

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N (A Child) [2009] EWHC 11 (Fam)

Judgment arising from proceedings for financial provision under Schedule 1 of the Children Act.

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Webster v Webster [2008] EWHC 31 (Ch)

Application by mother for declaration of beneficial interests in a house and some shares on the basis of survivorship and under the Inheritance (Provision for Family and Dependents) Act 1975.

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