Case Summaries

Moore v Moore [2007] EWCA Civ 361

Appeal by husband, in big money case, against an order allowing the wife to apply for orders for financial relief pursuant to Part III of the Matrimonial and Family Proceedings Act 1984. Appeal dismissed.

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P v P [2006] EWHC 3409 (Fam)

Application for financial provision in a case where, at the last minute, the husband announced his intention to resign from his well paid post in the UK and set up as a self employed consultant in Australia. This affected his future earning potential. The wife was awarded 60% of the assets to cover the children’s needs and to reflect the earning power of the husband.

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Newport City Council v W & Ors [2006] EWHC 3671 (Fam)

Judgment following the dismissal of an application for care orders part way through a seven day hearing after hearing medical evidence that changed the complexion of the case.

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B v B [2007] EWHC 594 (Fam)

Appeal by husband against an order for ancillary relief and costs on the grounds that the judge had not accounted for his tax liabilities and debts which made the order manifestly unfair. Appeal dismissed.

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P v P [2007] EWHC 779 (Fam)

Application by father for summary return of his son to the US. Application failed.

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London Borough of Greenwich v S & Ors [2007] EWHC 820 (Fam)

Hearing to determine whether children, currently living in Canada with their maternal great aunt, are habitually resident in the UK. Sumner J concluded that they are resident in the UK.

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H v H [2007] EWHC 459 (Fam)

Judgment in big money case involving the division of substantial property built up over the course of a long marriage and the husband’s future earnings.

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H v D & Ors [2007] EWHC 802 (Fam)

Judgment provided at the request of counsel following an uncontested hearing in residence and contact proceedings.

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EN (A Child) [2007] EWCA Civ 264

Appeals by paternal grandmother against refusal to grant her special guardianship order over the grandchild she had been caring for over three years, an order placing the child for adoption and refusal to make an order for contact. Appeals dismissed.

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S (A Child) [2007] EWCA Civ 267

Appeal by father against an order that provided for contact between the maternal grandmother and his child, the mother having died soon after the child’s birth. Appeal dismissed

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Hammerton v Hammerton [2007] EWCA Civ 248

Appeal by husband against a committal order for breach of undertakings and contempt of court concerning, among other things, contact with the ex-wife and her relatives. Appeal allowed.

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S (Children) and W (A Child) [2007] EWCA Civ 232

Reasons given for allowing permission to appeal care orders. The orders had been stayed and a rehearing directed.

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London Borough of Southwark v D [2007] EWCA Civ 182

Appeal by a local authority against a decision that they had to pay for the child’s accommodation and maintenance while she was being looked after by a friend of the father. Appeal dismissed.

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L (A Child) and H (A Child) [2007] EWCA Civ 213

Application for permission to appeal an order that refused a request for a residential asessment of a child under s. 38(6) of the Children Act 1989. Appeal allowed and order set aside.

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L (A Child) [2007] EWCA Civ 196

Appeal by maternal grandparents, who had been made special guardians of a child, against orders that prevented them from changing the child’s surname and gave varying degrees of contact to both the mother and the father of the child. Appeal on surname dismissed but other appeals allowed to a limited extent.

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Bentinck v Bentinck [2007] EWCA Civ 175

Appeal by husband against directions in ancillary relief proceedings where there was dispute as to whether the Swiss or the English courts were first seised. Appeal allowed and directions set aside.

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