Case Summaries

M v H [2008] EWHC 324 (Fam)

Judgment in proceedings concerning where the child should attend school, under a shared residence order, where one of the parents lives in Germany. It was ordered that the child should attend school in England.

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KK (A Child) [2008] EWCA Civ 103

Appeal by local authority against direction that there should be a fact-finding hearing in a case where the local authority had already undertaken a court-directed investigation into whether an individual was a child or not. Appeal dismissed.

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CR v CR [2007] EWHC 3334 (Fam)

Judgment in ancillary relief proceedings with assets found to be worth £16m that involves both consideration of equality and compensation. The wife was awarded £9m.

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Nicholls v Nicholls [2008] EWCA Civ 121

Appeal by mother against imposition of three 12 month sentences, to run concurrently, for breaches of a non-molestation order. Appeal dismissed.

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G (A Child) [2008] EWCA Civ 86

Application by mother for permission to appeal, with appeal to follow, interim care order placed on her son. Application allowed but appeal dismissed.

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B (Children) [2008] EWCA Civ 131

Application by father for permission to appeal, with appeal to follow, care order placed on his eldest son, K, and an interim care order placed on his youngest son, R. Application allowed and appeal against full care order allowed with an interim care order substituted; appeal against interim care order refused.

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R (On The Application of M) (Fc) V London Borough of Hammersmith and Fulham [2008] UKHL 14

House of Lords decision in an appeal from a judicial review in the Court of Appeal that found that the applicant, M, was not a ‘former relevant child’ under s23c of the Children Act 1989 and the Leaving Care Regulations and so could not be accommodated. Appeal dismissed.

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T (A Child) [2008] EWCA Civ 85

Application to appeal orders requiring that the applicant inform her son that her gender has been reassigned. Applications refused.

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Holmes-Moorhouse v London Borough of Richmond-Upon-Thames [2007] EWCA Civ 970

Appeal by father against decision allowing a local authority to refuse his priority housing need in the light of a shared residence order made by consent. Appeal allowed.

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F (Children) (DNA Evidence) [2007] EWHC 3235 (Fam)

Judgment, delivered in open court, arising from issues around DNA testing in the course of a fact-finding hearing in a case of alleged sexual abuse.

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G (Children) [2007] EWCA Civ 1497

Application by father to appeal relocation order in a contact case involving a French father and German mother. Application refused.

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C (A Minor) v Secretary of State for Justice [2008] EWHC 171 (Admin)

Judicial review application challenging amended rules governing the use of force in secure training centres. The claimant proved two grounds of his claim but the Rules were not quashed.

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M (Children) [2008] EWCA Civ 66

Application for permission to appeal, with appeal to follow, by mother seeking to challenge an order specifying contact arrangements under a shared residence order. Application and appeal allowed.

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Crossley v Crossley [2007] EWCA Civ 1491

Application for permission to appeal, with appeal to follow, directions in ancillary relief proceedings refusing a wife full disclosure on Form E on the basis that a pre-nuptial agreement had been signed, in a short childless marriage, that stated that neither party would bring any application for financial provision. Application allowed but appeal dismissed.

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P v P [2007] EWHC 2877 (Fam)

Judgment in ancillary relief proceedings where the judge had to decide how to split the matrimonial assets where the husband claimed that a significant portion of the assets had been accrued after the couple separated. There was also dispute as to the total value of those assets.

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SW v RC [2008] EWHC 73 (Fam)

Appeals by father in Schedule 1 Children Act claim concerning an application to vary the payments and a costs order. Appeals dismissed.

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