Case Summaries

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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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W-P (Children) [2009] EWCA Civ 216

Appeal by local authority against finding of fact in care proceedings. Appeal allowed and sent for rehearing.

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Paulin v Paulin & Anor [2009] EWCA Civ 221

Appeal by husband against a decision to annul a bankruptcy order, arising in the course of ancillary relief proceedings, made on his own petition and after first having been upheld. Appeal dismissed.

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B-M (Children) [2009] EWCA Civ 205

Application, by father, for permission to appeal care orders and other orders, partly on the grounds that the children should be placed with parents of a similar cultural background. Application refused.

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R (A Child) [2008] EWCA Civ 1619

Appeal against findings in preliminary fact finding hearing arising from residence applications involving allegations of domestic violence. The appeal was on the ground that the evidence was only partially heard. Appeal allowed.

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R (on the application of MM) v London Borough of Lewisham [2009] EWHC 416 (Admin)

Application for judicial review of decisions that the claimant was not a child in need under s17 of the Children Act 1989. Application successful.

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W (Children) [2009] EWCA Civ 160

Application for permission to appeal, with appeal to follow, by mother against refusal to allow her to relocate to New Zealand with two children. Permission granted but appeal dismissed.

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Collins (R on the application of) v Knowlsey Metropolitan Borough Council 2008 EWHC 2551 (Admin)

Application for judicial review of decision that the claimant was not a “looked after child” under s22(1) of the Children Act 1989 and that her carer was due fostering allowances. Application successful.

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P-B (Children) [2009] EWCA Civ 143

Appeal by local authority against the imposition of a penal notice against their officers to enforce a contact order under s34 of the Children Act 1989. Appeal allowed to a limited extent.

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