Case Summaries

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EM (Lebanon) v Secretary of State for Home Department [2008] UKHL 64

Appeal by mother against the Home Office’s decision to remove her and her son back to the Lebanon on the grounds that removal would infringe her article 8 and 14 rights. Appeal allowed.

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S v S [2008] EWHC 2288 (Fam)

Judgment in wardship proceedings concerning a child currently in detention as the child of a failed asylum seeker. Proceedings discharged.

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Hallam-Peel & Co v London Borough of Southwark [2008] EWCA Civ 1120

Second appeal against wasted costs orders by firm of solicitors arising in part from proceedings involving a transfer of tenancy under the Family Law Act 1996.

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NG v KR (Pre-nuptial contract) [2008] EWHC 1532 (Fam)

Judgment in big money case involving consideration of a pre-nuptial agreement valid under German Law

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Topping v Topping [2008] EWCA Civ 1142

Appeal against committal order arising from non-payment of a lump sum due as a result of ancillary relief proceedings. Appeal dismissed.

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A (A Child) [2008] EWCA Civ 1138

Appeal by father against committal order arising from wrongful removal of child from UK to Syria. Appeal allowed.

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S (A Child) [2008] EWCA Civ 1140

Application by parents for permission to appeal, with appeal to follow, dismissal of application for discharge of a care order. Application and appeal allowed.

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Is there a Case to Answer? Speed, Detail and Re L Hearings

How much evidence should be heard when faced with allegations of domestic violence in family proceedings? Byron James, a barrister at Guildford Chambers, ponders the inherent tensions in balancing speed and detail in the light of the recent cases and the latest President’s Direction.

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S (A Child) [2008] EWCA Civ 1078

Application for permission to appeal refusal to allow a further residential assessment for a young parent and her child. Application refused.

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R (on the application of M) v London Borough of Barnet [2008] EWHC 2354 (Admin)

Application for permission for judicial review of local authority’s decision to house a child in need under s17 of the Children Act instead of s20. Application refused.

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L v Human Fertilisation and Embryology Authority & Another [2008] EWHC 2149 (Fam)

Judgment arising from application for declaratory relief concerning the storage and export of the sperm of the applicant’s dead husband for the purposes of IVF.

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R (on the application of Cowling) v Child Support Commissioners Office [2008] EWHC 2306 (Admin)

Application for permission to judicial review a decision of Child Support Commissioner not to set aside refusal to allow leave to appeal previous applications to appeal decisions of the Child Support Appeal Tribunal. Application refused.

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Whitehouse-Piper v Stokes [2008] EWCA Civ 1049

Appeal by wife against orders in ancillary relief proceedings where a circuit judge, of his own motion, raised a point as to jurisdiction.

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Yeoman’s Row Management & Another v Cobbe [2008] UKHL 55

Appeal against decision that a property developer had a proprietary estoppel claim against the owner of a property who changed her mind about the terms of the proposed oral development agreement. The Lords found that the property developer’s claim did not constitute propietary estoppel but instead was limited to quantum meriut.

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R (on the application of MG) v London Borough of Tower Hamlets & Others [2008] EWHC 1577 (Admin)

Judicial review application concerning a local authority’s duties as to whether to comply with a direction from SENDIST which the local authority believes is adverse to the welfare of the child. It was found that the local authority should comply with the direction.

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