Case Summaries

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ECC v M & Ors [2008] EWHC 332 (Fam)

Judgment in care proceedings relating to possible adoption of a child by kinship carers in the USA.

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London Borough of Haringey v MA & Ors [2008] EWHC 1722 (Fam)

Application by local authority for declarations that its proposed plan for placing a child with a paternal uncle and aunt in the US is lawful.

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Liverpool City Council (R on the application of) v London Borough of Hillingdon [2008] EWHC 1702 (Admin)

Application, by a local authority, for permission to apply for judicial review of another local authority’s decision not to take responsibility for an asylum seeker whose age was in dispute. Permission granted but challenge rejected.

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Dacre v City of Westminster Magistrates Court [2008] EWHC 1667 (Admin)

Application for judicial review by newspaper to stay a private prosecution by an interested party arising from publication of material that should have been prevented under s97 and 103 of the Children Act. Application allowed.

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F (Children) [2008] EWCA Civ 842

Appeal by father against decision to discharge a previous order for return of his children to Mozambique. Appeal allowed.

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B (Children) [2008] EWCA Civ 835

Application by parents for permission to appeal, with appeal to follow, care and placement orders. Appeal allowed.

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Medway v G and Ors [2008] EWHC 1681 (Fam)

Application by Times Newspapers for clarification of reporting restrictions in a case involving care proceedings and child abduction. An order allowing a limited and specific lifting of restrictions under the Administration of Justice Act 1960 was agreed.

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R (A Child) v Devon County Council & Ors [2008] EWCA Civ 817

Appeal against a finding of fact in care proceedings arising from allegations of sexual abuse. Appeal dismissed.

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O (A Child) [2008] EWCA Civ 820

Application by mother for permission to appeal, with appeal to follow, a costs order arising from private Children Act proceedings. Application refused.

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LL & CL v London Borough of Merton [2008] EWHC 1628 (Admin)

Application for judicial review by mother of local authority decisions concerning the care and education of one of her children. Application allowed but judicial review refused.

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Humphries & Ors v Secretary of State for Work & Pensions [2008] EWHC 1585 (Admin)

Application for judicial review arising seeking reconsideration of compensation offered following maladministration by the Child Support Agency. The judge found that the compensation should have been reconsidered but that the claimant should have first applied to the Independent Case Examiner rather than seek judicial review and the Secretary of State had applied his policy correctly

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AB & Ors v The Nugent Care Society [2008] EWCA Civ 795

Appeal against refusal to extend limitation period for two claimants in historic sexual abuse claim. Appeal allowed and remitted to judge.

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R (On the application of) M & A v London Borough of Lambeth & Ors [2008] EWHC 1364 (Admin)

Judgment in judicial review proceedings arising from a dispute over the ages of two immigrants and the consequent need for local authority assistance under s20, Part III of the Children Act 1989.

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Zeiderman v Zeiderman [2008] EWCA Civ 760

Second appeal by husband against orders in ancillary relief proceedings. Appeal allowed.

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F v M & Anor [2008] EWHC 1525 (Fam)

Application by Polish father for summary return of child to Poland under the Hague Convention. Application granted but suspended.

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A (Historic Child Abuse) v Wirral Metropolitan Borough Council [2008] EWCA Civ 783

Appeal by local authority against findings that a claimant seeking damages for sexual abuse that occurred in 1970 did not know that he had suffered any significant harm until 2001 and therefore was still within the Limitations Act. Appeal allowed and matter remitted to the judge to consider under discretion of s33 of the Act.

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