Case Summaries

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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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Vaughan v Vaughan [2007] EWCA Civ 1085

Appeal by husband against an order in ancillary relief proceedings adjusting a previous order in favour of the wife. Appeal allowed.

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M (Children) [2007] EWCA Civ 1150

Application for permission to appeal a decision that prevented the applicants from allowing experts and their legal representative to interview their children in connection with criminal charges now facing the parents. Appeal allowed in part.

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F v F [2007] EWHC 2543 (Fam)

Judgment in contested contact and residence proceedings.

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Berkeley v Bulliqi [2007] EWCA Civ 1101

Application by the wife to bring a second appeal in ancillary relief proceedings. Application granted.

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B v B [2007] EWHC 2472 (Fam)

Application for permission to appeal out of time an order in ancillary relief proceedings. Application refused.

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A Local Authority v E,D & A [2007] EWHC 2396 (Fam)

Application by a local authority under the inherent jurisdiction of the court for directions as to the future of a vulnerable person who has been in care and has now reached 18.

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El Faragy v El Faragy & Ors [2007] EWCA Civ 1149

Appeal against dismissal of an application to a judge to recuse himself from ancillary relief proceedings. Appeal allowed.

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Warwickshire County Council v M [2007] EWCA Civ 1084

Appeal by local authority against decision to grant the mother leave to apply for revocation of placement orders made on her two children. Appeal allowed and applications refused.

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