Case Summaries

Brown v Executors of the Estate of HM Queen Elizabeth the Queen Mother & Ors [2008] EWCA Civ 56

Appeal against striking out of application to unseal the wills of the late Queen Mother and HRH Princess Margaret as the appellant is seeking to confirm his belief that he is Princess Margaret’s illegitimate son. Appeal allowed.

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VB v JP [2008] EWHC 112 (Fam)

Application for an increase in periodical payments on the grounds that the wife and the childrens’ needs had increased since the original order and that she was due compensation following Miller & McFarlane.

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G (R on the application of) v Nottingham City Council [2008] EWHC 152 (Admin)

Judgment giving reasons for making an order requiring a local authority to reunite a baby with his mother after he was removed at birth even tough there was no care order or emergency protection order in place.

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Dixon v Marchant [2008] EWCA Civ 11

Appeal against decision that the re-marriage of a wife shortly after she had been awarded a lump sum did not constitute a Barder event. Appeal dismissed.

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A v Hoare & Others [2008] UKHL 6

Conjoined appeals in which claimants were seeking to lift the statute bar against their claims for damages arising from sexual abuse alegations. Appeals allowed and either sent back for reconsideration by the lower courts or orders made as appropriate.

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Powell & Anor v Benney [2007] EWCA Civ 1283

Appeal against an order setting an award of £20,000 in their claim against two properties by way of constructive trust and proprietory estoppel. Appeal dismissed.

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Adekunle & Ors v Ritchie [2007] EW Misc 5 (EWCC)

Application by sister to find that her brother has no beneficial interest in a property that was their mother’s only asset after she died intestate.

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JFM v Neath Port Talbot Borough Council [2008] EWCA Civ 3

Judgment giving reasons for dismissing an appeal against findings of fact in care proceedings. Appeal dismissed.

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B (A Child) [2007] EWCA Civ 1463

Application for permission to appeal, with appeal to follow, refusal to grant separate representation for a 14 year old child who is the subject of contact proceedings in Norway and Hague Convention proceedings here. Appeal allowed.

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TJ v CV & Ors [2007] EWHC 1952 (Fam)

Application by biological parent seeking contact and parental responsibility for his son who is now part of the applicant’s sister’s same sex family. No parental responsibility order made and a limited contact order granted.

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S (Children) [2007] EWCA Civ 1430

Application by local authority for permission to appeal order allowing a further period of residential assessment for a family subject to a care plan. Application refused.

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Abbott v Abbott (Privy Council Appeal No 142 of 2005) Delivered 26th July 2007

Appeal by wife in the Privy Council against overturning of an order by the Court of Appeal of Antigua and Barbuda giving her a half share of the former matrimonial home, its furniture and some shares. Appeal allowed in respect of the house and furniture.

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Re MM (An Adult) [2007] EWHC 2689 (Fam)

This is a coda to a previous judgment (Re MM (an adult) [2007] EWHC 2003 (Fam)) concerning the care plan relating to MM, a sexually active adult who had been found to lack capacity to make decisions about where she lived but did have capacity to consent to sexual relations.

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Re A (A Minor) [2007] EWCA Civ 1383

Appeal by foster mother against a refusal to allow her leave to apply to adopt a child currently in her care. Appeal allowed.

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Wallbank & Wallbank v Price [2007] EWHC 3001 (Ch)

Judgment in proceedings where a widow was seeking a beneficial interest in a house, which she had apparently relinquished by agreement in favour of the couple’s children following the breakdown of her marriage. Judge found that she had relinquished any beneficial interest.

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Re G (Surrogacy: Foreign Domicile) [2007] EWHC 2814 (Fam)

Judgment in proceedings concerning the parentage and future upbringing of a child born out of a non-commercial surrogacy arrangement where the commissioning parents are domiciled in Turkey

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