Case Summaries

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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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M (R, on the application of) V Birmingham City Council [2008] EWHC 1863 (Admin)

Judicial review application concerning payment of residence order allowances under the Children Act. The council’s policy was found to be lawful but misapplied.

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M (A Child) [2008] EWCA Civ 1543

Appeal against decision to publish a judgment arising in ancillary relief proceedings. Appeal dismissed.

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Agbaje v Agbaje [2009] EWCA Civ 1

Appeal by husband against an order for financial relief made under Part III of the Matrimonial and Family Proceedings Act 1984. Appeal allowed.

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S (by the Official Solicitor) V Rochdale MBC & Anor [2008] EWHC 3283 (Fam)

Judgment arising from proceedings brought by the Official Solicitor alleging serious breaches of duty and the Human Rights Act by the local authority and the Independent Reporting Officer in their treatment of a vulnerable child.

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Ansari v Ansari & Ors [2008] EWCA Civ 1456

Appeal by wife against a previous appeal overturning the setting aside of a charge on her matrimonial home after her husband left the home and sold it to another couple. Appeal dismissed.

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A & M (R, on the application of) v London Borough of Croydon and London Borough of Lambeth [2008] EWCA Civ 1445

Appeals against rulings regarding age assessments by two London boroughs with regards to two separate applicants and whether Articles 6 & 8 were engaged. Appeals dismissed.

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M-D v D [2008] EWHC 1929 (Fam)

Appeal by wife against orders in ancillary relief proceedings. Appeal allowed.

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