Case Summaries

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Dingmar v Dingmar [2006] EWCA Civ 942

This was an appeal against an order in connection with a claim under the Inheritance (Provision for Family and Dependants) Act 1975. The appeal was allowed though Lloyd LJ dissented.

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R (On the application of TB) v The Combined Court at Stafford [2006] EWHC 1645 (Admin)

This was an application for judicial review of proceedings in the Crown Court where a child witness in a sexual abuse case was brought before the Court unrepresented and without notice, to decide whether her medical records should be disclosed. The application succeeded.

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R (On the application of M) v London Borough of Hammersmith & Fulham [2006] EWCA Civ 917

This is an application for judicial review by M who claims that the Council had not treated her as a ‘former relevant child’ under s23c of the Children Act 1989 and the Leaving Care Regulations deprived her of accommodation under that Act. The application failed.

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Smith v Secretary of State for Work and Pensions & Another [2006] UKHL 35

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Mr T v Mr V [2006] EWHC 1496 (QB)

This judgment centred on libel proceedings initiated by a father against a report produced by an expert witness. The application was disposed of.

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N v N & F Trust [2005] EWHC 2908 (Fam)

This judgment declared that a former matrimonial home was an anti-nuptial settlement capable of variation pursuant to S 24(1)(c) of the MCA 1973.

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H (A Child) [2006] EWCA Civ 896

This was an application for permission to appeal, with appeal to follow, an order refusing the father’s application that his daughter should be joined as a party to contact proceedings and represented by NYAS. Permission and appeal granted.

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C v C [2005] EWHC 2741 (Fam)

This is a judgment concerning the correct approach to freezing orders in the family courts.

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CPS v Richards & Richards [2006] EWCA Civ 849

The CPS was appealing against an order made in ancillary relief proceedings that awarded the wife of a drug dealer an amount equal to her beneficial interest in the matrimonial home. The appeal was allowed.

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H (Children) [2006] EWCA Civ 871

This was an appeal by the father against the judge’s refusal to order the summary return of his children to Dominica. Appeal allowed and a further hearing ordered.

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N (Children) [2006] EWCA Civ 872

This was an appeal by the mother against an order permitting the father to remove one of their children to Canada with him for an interim period. The appeal was allowed.

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Mr E v Mrs E [2006] EWCA Civ 843

This was an application for permission to appeal, by both husband and wife, orders made in the course of contact and ancillary relief proceedings. The appeals were allowed, the ancillary relief order was set aside and the matter directed for hearing in the High Court.

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F (Children) [2006] EWCA Civ 792

This was a mother’s application to appeal, with appeal to follow, against orders in a contact case which reinstated contact with the father who was the subject of a sexual abuse allegation. Appeal allowed.

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Clayton v Clayton [2006] EWCA Civ 878

An appeal against injunctions preventing a father from publishing matters concerning his daughter. The appeal was allowed, the injunction quashed and a Prohibited Steps Order imposed.

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Farley v Child Support Agency & Others [2006] UKHL 31

Appeal by the Child Support Agency against the Court of Appeal’s decision to review and quash a liability order for CSA arrears made by the magistrates courts. The appeal was allowed.

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B (Children) and B & O (Children) [2006] EWCA Civ 773

This was an appeal by a mother and father against findings of fact in a child abuse case. The appeal by the father was dismissed but the appeal by the mother succeeded.

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