Case Summaries

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M & N (Children) [2008] EWHC 2281 (Fam)

Judgment concerning two cases where immigration issues impacting on concurrent private law children proceedings had been mishandled.

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RK and AK v the United Kingdom (38000/05)

ECHR judgment in a claim by a couple whose child had been taken into care, who was later diagnosed with brittle bone disease, for breaches of Article 8 and 13 rights. The court found there was a breach of the couple’s Article 13 rights.

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B (Children) [2008] EWCA Civ 1037

Application for permission to appeal finding of fact that the applicant had sexually abused children of a family whose children had been placed in care for general neglect. Application refused.

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R (on the application of Davies) v Child Support Agency [2008] EWCA Civ 1031

Application for permission to appeal refusal of judicial review claim concerning failure of CSA to obey a court order and disclose information to an absent parent challenging his maintenance payments. Application refused.

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B (Children) [2008] EWCA Civ 1034

Application for permission to appeal, with appeal to follow, refusal of mother’s application to relocate. Permission granted but appeal dismissed.

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W v H [2008] EWHC 2038 (Fam)

Judgment setting out directions in big money ancillary relief proceedings where the husband was seeking Notice to Show Cause for a hearing in a situation where he claimed that an agreement had already been concluded.

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RAB v MIB [2008] CSIH 52

Appeal, in Scottish courts as part of defended divorce proceedings there, against a finding that the Scottish courts were a "forum non conveniens" for the purposes of deciding residence of a child where the mother had wrongfully removed her from Scotland and relocated to England. Appeal allowed.

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R (on the application of the CSA) v Learad & Buddles [2008] EWHC 2103 (Admin)

Appeals by way of case stated concerning powers of the Magistrates’ Court to make liability orders under s.33 of the Child Support Act 1991. Appeals allowed.

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R (On the application of Alula) [2008] EWHC 2097 (Admin)

Application for judicial review over refusal to include post 21 training in a Pathway Plan for a relevant child. Application refused.

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A Local Authority v K & Ors [2008] EWHC 2051 (Fam)

Judgment in care proceedings concerning the placement of an infant child born to parents whose three previous children had been removed from their care after findings that one of them had suffered non-accidental injuries. The child was put into the care of the local authority.

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M v M & Ors [2008] EWHC 2049 (Fam)

Judgment in Hague Convention proceedings where a father has returned with his children to England after a prior Hague order requiring that they should be returned to Poland. A further order for return was made.

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Q v Q & Ors [2008] EWHC 1874 (Fam)

Judgment arising from ancillary relief proceedings concerning a dispute between the husband, his brother and their father over the ownership of the former matrimonial home. The judge found for the husband.

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K v K & Ors [2008] EWHC 1561 (Fam)

Judgment concerning a rehearing of previous findings of fact relating to care proceedings in the light of new evidence from the police.

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R (On the application of Jason Thomas Hiscox) v Secretary of State for Work & Pensions [2008] EWHC 1986 (Admin)

Application for judicial review against calculation of child support liability order. Application dismissed.

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R (On the application of KR) v Secretary of State for Work & Pensions & Anor [2008] EWHC 1881 (Admin)

Application by father for judicial review of decision to cease providing community care grants for the costs of fulfilling the terms of residence order. Application allowed.

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H (A Child) [2008] EWCA Civ 980

Appeal by mother against decision to allow father unsupervised contact with their daughter rather than adjourn for consideration at a later date. Appeal dismissed.

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