Case Summaries

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Laskar v Laskar [2008] EWCA Civ 347

Appeal against finding that the appellant, though named as joint tenant of a property, had no joint or beneficial interest in the sale proceeds. Appeal allowed in part.

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C v C (CC & Ors Intervening) [2008] EWHC 517 (Fam)

Application by children to be joined as parties in Hague Convention proceedings. Application allowed.

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P v Nottingham City Council & the Official Solicitor [2008] EWCA Civ 462

Appeal against care and placement orders on grounds that the appellant’s human rights had been breached for not having had a fair trial and that the Official Solicitor should not have been instructed to act on her behalf. Appeal dismissed.

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H v H [2008] EWHC 935 (Fam)

Judgment in ancillary relief proceedings involving valuation of a privately owned restaurant business and where both parties were seeking a clean break. The wife was awarded 67% of the “non-business wealth” plus periodical payments.

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Baker v Baker [2008] EWHC 977 (Ch)

Application by widowed wife under the Inheritance (Provision for Family and Dependants) Act 1975. The application succeeded.

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Re X (Children) [2008] EWHC 242 (Fam)

Applications to disclose evidence given in family proceedings for the purposes of related criminal and CICA proceedings. Applications allowed.

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Lancashire County Council v D & E [2008] EWHC 832 (Fam)

Judgment in fact-finding hearing relating to possible non-accidental injuries. The judge found that the parents were not responsible for the injuries.

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F (A Child) [2008] EWCA Civ 439

Appeal against decision that a local authority can place a child for adoption where the biological father was seeking leave to apply to revoke the placement order. Appeal dismissed by majority.

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B V London Borough of Lewisham [2008] EWHC 738 (Admin)

Application for judicial review concerning the levels of financial support available to a special guardian under sections 14A – F of the Children Act 1989 and the Special Guardianship Regulations 2005. The local authority’s scheme was held to be unlawful.

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A Local Authority v M (Funding of Residential Assessments) [2008] EWHC 162 (Fam)

Application by mother in care proceedings seeking a residential assessment for her and her child. Application allowed.

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Behzadi v Behzadi [2008] EWCA Civ 399

Application by wife for permission to appeal orders in ancillary relief proceedings. Application allowed but only on amended grounds as suggested by the court.

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Fowler v Barron [2008] EWCA Civ 377

Appeal against finding that the appellant had no beneficial interest in a property in which she cohabited with her unmarried partner for seventeen years. Appeal allowed.

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Leeds City Council v YX & ZX (Assessment of Sexual Abuse) 2008 EWHC 802 (Fam)

Judgment arising from fact finding hearing involving allegations of sexual abuse.

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S (A Child) [2008] EWCA Civ 365

Appeal against case management decision in public law proceedings that had the effect of allowing unproven allegations of sexual misconduct to be presented to an expert in the trial bundle. Appeal allowed.

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Re K [2008] EWHC 540 (Fam)

Applications by local authority to, among other things, discharge an order requiring that the mother of an infant should take part in a residential assessment and requesting an order preventing contact between the mother and her infant son. Applications allowed.

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M (Children) [2007] EWCA Civ 1550

Application by mother for permission to appeal, with appeal to follow, a section 91(14) order preventing the mother from making application for educational assessments of her children without permission of the court. Application and appeal allowed.

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