Case Summaries

M & L (Children) [2007] EWCA Civ 1307

Application by father for permission to appeal, with appeal to follow, findings of fact in a case concerning alleged sexual abuse. Application refused.

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D v D & Anor [2007] EWCA Civ 1277

Appeal by father against a finding that contact orders made in the Romanian Courts between 2006 & 2007 were unenforceable in the UK under Brussels II Revised as Romania did not join the EU until 1 January 2007. Appeal dismissed.

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AP v Vale of Glamorgan Council & Ors [2007] EWCA Civ 1265

Application for permission to appeal, with appeal to follow, findings that the applicant’s (AP) children were at significant risk of harm under s31(2) of the Children Act 1989. Application and appeal allowed.

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B v Reading Borough Council & Ors [2007] EWCA Civ 1313

Appeal by local authority against refusal to strike out part of a claim for damages over alleged breaches of duty of care owed by a local authority when investigating a parent suspected of sexual abuse. Appeal allowed.

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A Council v B & Others [2007] EWHC 2395 (Fam): Schedule A

Schedule to the main judgment in A Council v B & Others setting out the approach adopted by Charles J with regards to the standard of proof in this fact-finding judgment.

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G & K (Children) [2007] EWCA Civ 1291

Appeal by mother against a care order proposing that her son should live with the maternal grandparents and contact should only be under local authority supervision while she undertakes a course of therapy. Appeal dismissed.

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CPS v MN [2005] EWHC 2622 (Admin)

Judgment involving ancillary relief and proceeds of crime proceedings where the Crown was seeking to enforce a confiscation order of £571,000 and the wife was seeking a financial settlement.

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A Council v B & Others [2007] EWHC 2395 (Fam)

Judgment after fact finding hearing in care proceedings arising from allegations of domestic violence and sexual abuse.

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W (A Child) [2007] EWCA Civ 1255

Appeal against care and related placement orders. Appeal allowed and matter sent for retrial.

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Re G (Abduction: Withdrawal of Proceedings, Acquiescence, Habitual Residence) [2007] EWHC 2807 (Fam)

Application by father, under the Hague Convention and the inherent jurisdiction of the court, for the return of two children (X & Y) to Canada, one of whom (Y) was unborn at the time of the removal. Application relating to X successful.

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Pluck v Pluck [2007] EWCA Civ 1250

Appeal against sentence imposed under Part IV of the Family Law Act 1996. Appeal allowed.

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LBH (A Local Authority) v KJ & Ors [2007] EWHC 2798 (Fam)

Judgment in care proceedings where the local authority was seeking to prove the mother’s care of a seriously disabled child breached the s31(2) threshold criteria. Application successful.

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Haines v Hill & Anor [2007] EWCA Civ 1284

Appeal by wife seeking to set aside a declaration that the transfer of her ex-husband’s beneficial interest in a matrimonial property was a transaction at an undervalue. Appeal allowed.

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Re M & Anor [2007] UKHL 55

Appeal by mother against decision, under Hague Convention proceedings, requiring return of the children to Zimbabwe following their wrongful removal to England. Appeal allowed.

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C (A Child) [2007] EWCA Civ 1206

Appeal by mother against a judgment requiring the local authority to investigate the possibility of finding a carer for her child, conceived after a one night stand, from within her own or the father’s family when she expressly stated that she wanted the child adopted. Appeal allowed.

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James v Thomas [2007] EWCA Civ 1212

Appeal against dismissal of beneficial interest claims under s14 of the Trusts of Land and Appointments of Trustee Act 1996. Appeal dismissed.

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