Case Summaries

B (Children) [2008] EWCA Civ 282

Judgment in appeal proceedings arising from a fact finding hearing where the judge could not reach any conclusions over the likelihood of sexual abuse and in the course of which he questioned the current case law governing standards of proof in such circumstances. Appeal dismissed and permission granted for application to the House of Lords.

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Turner v Turner [2008] EWCA Civ 280

Application for permission to appeal by husband an order from a circuit judge which the appellant claimed is frustrating his statutory right to appeal. Application refused.

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S v S [2008] EWHC 519 (Fam)

Appeal by husband against ancillary relief orders. Appeal dismissed.

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J (A Child) [2008] EWCA Civ 212

Application for permission to appeal, with appeal to follow, directions that the applicant should not be represented at a fact finding hearing involving allegations of rape in proceedings consolidated with care proceedings where the applicant was a possible perpetrator of physical abuse. Appeal allowed.

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Re T (Placement Order) [2008] EWCA Civ 542

Application for permission to appeal, with appeal to follow, care and placement orders. Application allowed and placement order set aside.

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T (A Child) v Wakefield Metropolitan District Council [2008] EWCA Civ 199

Appeal by father against duration of supervision order in public law proceedings. Appeal allowed.

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B v B [2008] EWCA Civ 543

Appeal by wife against ancillary relief orders in proceedings involving inherited wealth. Appeal allowed.

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KC & Anor v City of Westminster Social & Community Services Department & Anor [2008] EWCA Civ 198

Appeal against finding that a marriage made by telephone between an adult lacking capacity and a woman resident in Bangladesh was invalid under English law. Appeal dismissed.

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G (A Child) Number 2 [2008] EWCA Civ 105_2

Judgment in adjourned appeal hearing concerning the adoption of a child by a couple living in the US. Appeal by mother opposing the adoption dismissed.

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F (A Child) [2008] EWCA Civ 218

Appeal by mother against a finding that she had suffocated two of her children. Appeal allowed.

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G (A Child) [2008] EWCA Civ 105

Appeal by mother against decision to give parental responsibility of her child to a couple living in the US with a view to them adopting the child. Appeal adjourned for further hearing.

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McCartney v McCartney [2008] EWHC 401 (Fam)

Judgment in ancillary relief proceedings involving a short marriage, one child and significant wealth brought into the marriage by the husband.

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B Council v R & R [2007] EWHC 2742 (Fam)

Judgment setting out reasons for renewing orders preventing publication of details of adoption proceedings, where the biological parents were deliberately trying to dissuade potential adopters.

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D & D [2008] EWHC 403 (Fam)

Application by parents seeking a declaration, under the inherent jurisdiction of the court, that the adoptions of two children under the Hindu Adoption and Maintenance Act 1956, should be recognised in the UK. Applications allowed and declaration made.

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X Council v B & Ors [2008] EWHC 270 (Fam)

Judgment, arising from a written request, concerning whether a family involved in, now terminated, care proceedings can divulge the identity of the Council involved and their own identities as the subject of the proceedings for the purposes of the publication of a magazine article. Permissions granted on both counts.

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R (G) v Nottingham City Council [2008] EWHC 400 (Admin)

Reasons given for orders in judicial review proceedings brought by the applicant in the light of the removal of her baby at birth. Damages were awarded for infringement of the applicant’s article 8 rights and leave to apply to extend claim to common law damages.

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