Case Summaries

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F (A Child) [2007] EWCA Civ 393

Application to join a child to proceedings under the Hague Convention and Brussels II. Application refused.

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A v A [2007] EWHC 99 (Fam)

Judgment in ancillary relief proceedings where the wife argued that shares held in trusts were to be treated as part of the matrimonial assets. The wife was awarded just over 50% of the assets.

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Re PS (An Adult) [2007] EWHC 623 (Fam)

Judgment giving reasons for orders made under the inherent jurisdiction of the court declaring that an elderly woman lacked capacity. The orders also appointed a receiver and prevented the woman’s daughter from discharging her from a treatment unit

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Patel v Patel [2007] EWCA Civ 384

Appeal against imposition of a 10 months sentence for contempt of court in domestic violence proceedings. Appeal dismissed.

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G & B (Children) [2007] EWCA Civ 358

Appeal by mother against placement orders on the grounds that the local authority should be made to assess her foster sister as a potential carer. Appeal dismissed.

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O’Brien v Seagrave & Anor [2007] EWHC 788 (Ch)

Appeal where the claimant, who is pursuing a claim under the Inheritance Act (Financial Provison for Dependents), seeks to bring a probate action. Appeal allowed.

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Stack v Dowden [2007] UKHL 17

Appeal by cohabitee against Court of Appeal’s valuation of beneficial interest in a property bought jointly with with his partner. Appeal dismissed.

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D v B and others (flawed sexual abuse enquiry) [2006] EWHC 2987 (Fam)

Judgment given as a result of a flawed sexual abuse inquiry. The judge makes it explicit that the father and his mother at the centre of the inquiry were not guilty of the allegations.

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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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