Case Summaries

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R (On the application of M) v Suffolk County Council [2006] EWHC 2366 (Admin)

This is an application for judicial review of a local authority’s decision to stop direct payments to the claimant to help provide support for a child with Down’s Syndrome. The grounds of that decision were that the payments were being used to place the child in a specialist boarding school and that under regulation 7(3) of the Children Act the local authority was precluded from paying for residential accommodation under these regulations. The application succeeded.

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Williams-Wynne v Williams-Wynne & Anr [2006] EWCA Civ 1254

Application for permission to appeal orders in ancillary relief. Permission to appeal the substantive order was refused but granted with regards to the costs issues.

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B (Children) [2006] EWCA Civ 1245

Appeal against an order refusing leave to remove children to France by the mother. Appeal dismissed.

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Gamboa-Garzon v Langer [2006] EWCA Civ 1246

Appeal against a refusal to award a costs order in proceedings combining ancillary relief and a civil claim by the husband’s girlfriend against the wife. Appeal allowed.

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H (A Child) [2006] EWCA Civ 1247

Appeal relating to refusal to allow a child to be joined as a party to Hague Convention proceedings. Appeal dismissed.

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Lake v Lake [2006] EWCA Civ 1250

Application for permission to appeal, with appeal to follow, an order for a transfer of tenancy. Permission to appeal granted but appeal dismissed.

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H v H (Queen’s Proctor Intervening) (Validity of Japanese divorce)

This judgment concerns whether a form of divorce in Japan, a kyogi rikon, is a divorce ‘obtained by means of proceedings’ for the purposes of s46(1) of the Family Law Act 1986.

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R v Levey [2006] EWCA Crim 1902

Appeal against conviction for manslaughter in a criminal case principally on the grounds that the judge in care proceedings, held before the criminal trial, had not been able to find that the appellant had committed the crime so to continue with the criminal indictment was an abuse of process. Appeal dismissed.

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Devjee v Patel [2006] EWCA Civ 1211

This is an appeal against prison sentences imposed for breach of a non-molestation order under the Family Law Act 1996. The appeal was dismissed.

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K (Children) [2006] EWCA Civ 1205

This is an application for permission to appeal against the refusal to grant an order for contact sought by the half brother of three younger sisters. The application was refused.

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LTF v LMF [2006] EWCA Civ 1179

This is an application by a father for permission to appeal a circuit judge’s refusal to allow an application for indirect contact while he was subject to a s91(14) Children Act 1989 order. The application was refused.

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H (Children) [2006] EWCA Civ 1206

This is an application by a father for permission to appeal findings of fact, a contact order and an order under s91(14) of the Children Act 1989. Permission was refused on all three counts.

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D (A Child) [2006] EWCA Civ 1204

This is an application for permission to appeal orders placing D in care and freeing him for adoption. The application was refused.

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H (A Child) [2006] EWCA Civ 1163

This is an application for permission to appeal the judge’s decision not to impose a committal order on the mother because she was not complying with an order for contact. The application was refused.

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Warner v Warner [2006] EWCA Civ 1116

This is a second appeal by the wife in ancillary relief proceedings against the finding of the circuit judge that the trial judge had not sufficiently taken into account illiquid assets in the original judgment. The appeal was allowed.

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Mark v Mark & Or [2006] EWCA Civ 1164

This is an application by the wife for permission to appeal an order arising from ancillary relief proceedings allowing an offshore bank to transfer funds to another bank as it was closing.

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