Case Summaries

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Secretary of State for Work & Pensions v Wincott [2009] EWCA Civ 113

Appeal by resident parent against ruling that her child support should not be varied following payment of a divdend by his company to the non-resident party. Appeal allowed.

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Blooman v Blooman [2009] EWCA Civ 109

Application for permission to appeal orders in ancillary relief proceedings primarily on the basis that an agreement had not been reached at an FDR. Application refused.

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Bedeau v London Borough of Newham [2009] EWHC 293 (QB)

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P (A Child) [2008] EWCA Civ 1607

Application, by mother, for permission to appeal refusal for leave to apply to revoke a placement order on the grounds of a change in circumstances where the child suffered severe medical problems. Application refused.

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C (A Child) [2009] EWCA Civ 72

Appeal by guardian against decision to place a child with his paternal grandmother rather than for adoption. Appeal dismissed.

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Ratcliffe v Secretary of State for Defence [2009] EWCA Civ 39

Appeal against ruling that the appellant was not due a War Pension, where she was the deceased’s unmarried partner, on the grounds that it is unlawful under the Human Rights Act. Appeal dismissed.

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R (On the application of Liverpool City Council) v London Borough of Hillingdon & Anor [2009] EWCA Civ 43

Appeal against finding in judicial review proceedings that a local authority had been found to have a duty to a child under s20 of the Children Act. Appeal allowed.

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Moore v Moore [2008] EWCA Civ 1599

Application for permission to appeal in ancillary relief proceedings. Application adjourned for hearing before full bench.

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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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