Case Summaries

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Hall v Hall [2008] EWCA Civ 350

Application for permission to appeal a second time in ancillary relief proceedings. Application allowed.

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B-G v B-G [2008] EWHC 688 (Fam)

Application under the Hague Convention by father for summary return to France of his two children. Application dismissed.

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London Borough of Ealing v KS & Ors [2008] EWHC 636 (Fam)

Applications by local authority seeking declarations that a vulnerable adult lacked capacity, among other things, to marry; consent to medical treatment; have sexual relations or decide her place of residence.

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L (A Child) [2007] EWHC 3404 (Fam)

Judgment in care proceedings concerning removal of a child under an interim care order where the mother was seeking a second residential assessment away from the potentially harmful father. A second residential assessment was allowed.

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A Council v B [2007] EWHC 2688 (Fam)

Further judgment following fact finding proceedings identifying the judge’s concerns with the standard of proof in such cases. The case is now to go to the House of Lords.

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D v S [2007] EWHC 363 (Fam)

Applications under the Hague Convention, brought by the father, and the Children Act 1989 , brought by both mother and father, concerning the residence of their son. The father was given permission to return with the child to Mexico.

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D & D v SMH [2008] EWHC 559 (Fam)

Appeal by a firm of solicitors against a wasted costs order arising from ancillary relief proceedings. Appeal allowed and order set aside.

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AF v M B-F [2008] EWHC 272 (Fam)

Application by father for summary return of two children to Poland under the Child Abduction and Custody Act 1985. The judge exercised his discretion to refuse the application.

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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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