Case Summaries

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Williams v Fairbairn & Ors [2006] EWHC 1723 (Ch)

This is an application by two of the defendants, both counsel, for striking out of, or summary judgment in, claims against them arising out of the drafting of a consent order in ancillary relief proceedings.

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A (A Child) [2006] EWCA Civ 1161

This is an application for permission to appeal a care order leading to adoption by the mother of A. The application was refused.

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F v M & C [2006] EWHC 1783 (Fam)

This is a judgment concerning applicatons by the father for sole or joint residence and an application by the mother for permission to move the child to the US.

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G v G [2006] EWHC 2010 (Fam)

Order in ancillary relief proceedings in a case where the assets were relatively modest but the subject of costly litigation. The wife was awarded 41% of the remaining capital.

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Robinson v London Borough of Hammersmith & Fulham [2006] EWCA Civ 1122

This was an appeal arising from the local authority’s duty to provide accommodation as a priority need under s193 of the Housing Act 1996 where a child under 18 is made intentionally homeless. The appeal was allowed.

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C (A Child) [2006] EWCA Civ 1115

This was an appeal by the mother in a residence dispute where the trial judge had temporarily lifted a stay on proceedings in the English courts so he could issue directions concerning the future proceedings if these were held in England. The appeal was allowed and the English proceedings dismissed.

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Wilkinson v Kitzinger [2006] EWHC 2022 (Fam)

This was an application for a declaration of marital status under s55 of the Family Law Act where both parties were of the same sex. The petition was dismissed.

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Charman v Charman [2006] EWHC 1879 (Fam)

This is a judgment in a ‘huge money’ case. The wife was awarded an amount equivalent to 37% of the assets, which exceeded £100m.

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S (Children) [2006] EWCA Civ 981

This is an appeal by a father supported by the mother, and a cross appeal by the Local Authority, against a case management decision made in child care proceedings. Appeal allowed in part and cross appeal allowed.

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Re G [2006] UKHL 43

This is a House of Lords decision in a case where the biological mother of children conceived by insemination during a lesbian relationship was seeking to overturn the Court of Appeal’s ruling that her ex partner should have primary care. Appeal allowed.

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Pelling v Bruce-Williams [2006] EWCA Civ 1046

This was an application to discharge or set aside an order against publicity arising from a contact case in 1996. The order was discharged.

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Mubarak v Mubarik [2006] EWHC 1260 (Fam)

This is a judgment in a long running ancillary relief case concerning enforcement of lump sum and periodical payment orders where the applicant was alleging that the respondent was wilfully refusing to pay.

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Down Lisburn Health and Social Services Trust and another (AP) v H (AP) and another (AP) [2006] UKHL 36

This is a House of Lords judgment concerning an appeal by parents against an order freeing one of their children for adoption. The appeal was dismissed though Baroness Hale gave a dissenting judgment.

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Darnton v Darnton [2006] EWCA Civ 1081

This is an application for permission to appeal a decree nisi principally on the grounds that there had been no marriage in the first place. Application refused.

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P-B (A Child) [2006] EWCA Civ 1016

This is an application to appeal, with an appeal to follow, by a mother against orders allowing the placement of her son for adoption. Appeal dismissed.

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M-K (A Child) [2006] EWCA Civ 1013

This was an appeal by a mother against an order refusing her application to relocate to Brazil with her daughter and granting of a shared residence order. Appeal allowed.

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