Case Summaries

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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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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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