Case Summaries

Gull v Gull [2007] EWCA Civ 900

Appeal against a committal order for breach of a non-molestation order that prevented the applicant from entering his mother’s home. Sentence reduced from 2 years to 12 months.

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F & H (Children) [2007] EWCA Civ 880

Application by father for permission to appeal care and placement orders. Application dismissed.

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J-C (A Child) [2007] EWCA Civ 896

Appeal against a committal order for breach of an order under Part IV of the Family Law Act 1996. Appeal dismissed.

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Mubarak v Mubarak [2007] EWCA Civ 879

Application by husband for permission to appeal an order in ancillary relief proceedings on the grounds that the judge did not have the power to make the orders that he set out in his judgment. Appeal dismissed.

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Holman v Howes [2007] EWCA Civ 877

Appeal against an order in a property dispute where the original order had stated that no order for sale would be made for the “time being”. The appellant was seeking both more certainty about her right to stay in the house and a larger beneficial interest. Appeal allowed on the point regarding the order for sale.

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F (Children) [2007] EWCA Civ 873

Application for permission to appeal with appeal to follow by mother who is seeking to stop proceedings for a declaration of parentage order and contact by the biological father of her twins. Permission granted but appeal dismissed.

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C (A Child) [2007] EWCA Civ 866

Application for permission to appeal an order transferring residence from mother to father in an implacable contact case. Application granted but appeal dismissed.

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S v S [2007] EWHC 1975 (Fam)

Appeal by husband against an order in ancillary relief proceedings on the grounds that the judge had been discriminatory in his division of the assets. Appeal allowed

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Somerset County Council v SD & Ors [2007] EWCA Civ 722

Appeal by local authority against a refusal to grant full care orders; interim care orders were granted instead. Appeal allowed.

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MM v VM [2007] EWHC 1820 (Fam)

Application by father for return of his children to Zimbabwe under the Hague Convention. Application granted.

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Chief Constable of Greater Manchester v KI & Ors [2007] EWHC 1837 (Fam)

Application, under the inherent jurisdiction of the court, seeking an order or declaration to allow the Chief Constable to interview two children concerning the murder of their sister. A declaration was granted.

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Re LM (Reporting Restrictions; Coroner’s Inquest) [2007] EWHC 1902 (Fam)

Application by guardian, supported by the local authority, for reporting restrictions to be imposed on proceedings at coroner’s inquest concerning the death of two children. The guardian was acting for the surviving third child of the family who is now up for adoption.

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F (A Child) [2007] EWCA Civ 810

Application for permission to appeal with appeal to follow, by local authority against findings by trial judge that the parents had “no case to answer” regarding s31 Children Act threshold criteria. Application and proceedings reinstated.

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W (Children) [2007] EWCA Civ 786

Reserved judgment arising out of applications brought by father for permission to appeal orders in contact proceedings and to adduce fresh evidence. Applications refused.

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Lauder v Lauder [2007] EWHC 1227 (Fam)

Appeal against orders concerning variation of periodical payments. The original order of £40,000 p.a, capitalised at £500,000 was overturned and substituted for payments of £60,000 p.a. capitalised at £725,000.

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David Truex, Solicitor (A firm) v Kitchin [2007] EWCA Civ 618

Appeal by solicitors against a decision requiring repayment of fees to the respondent on the grounds that she had not been informed that she could be eligible for legal aid. Appeal dismissed.

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