Case Summaries

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R (On the application of LH & MH) v The London Borough of Lambeth [2006] EWHC 1190 (Admin)

This was an application for judicial review on the grounds that the defendants had failed to carry out proper assessments of LH and MH and/or implemented them by not arranging a residential placement for LH. The judge found that the defendant breached its assessment obligation under Part III of the Children Act 1989.

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Trust A & Trust B v H (An Adult Patient) (Represented by her Litigation Friend, the Official Solicitor) [2006] EWHC 1230 (Fam)

Trusts A and B sought declarations that i) a woman detained under the Mental Health Act 1983 lacked capacity to make decisions about her medical treatment for a potentially life threatening condition; ii) it was in her best interests to undergo treatment which would include a total hysterectomy; and iii) it was lawful to provide sedation and reasonable physical restraint in order to adminster treatment. All 3 declarations granted.

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E & O (Children) [2006] EWCA Civ 687

This is an application by a father, who was facing criminal charges, to appeal an order adjourning a hearing relating to the residence of his children until the criminal proceedings were concluded. The application was refused.

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Klamer v Klamer [2006] EWCA Civ 690

This is an application by the wife for a second appeal concerning the division of assets in favour of the husband after a short marriage. The application was refused.

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Luton Borough Council v N & N (Acting by her Children’s Guardian) [2006] EWHC 1189 (Fam)

This judgment details 3 hearings in which the judge had to determine the correct age of a girl in the respect of whom care proceedings had been brought. This was important in order to consider the Local Authority’s request for leave to discontinue their application for a care order. In addition, he had to consider an application by the father for residence. The Local Authority was given leave to withdraw their application, the father’s application was dismissed.

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Vigreux v Michel [2006] EWCA Civ 630

This was an appeal by the mother of an abducted child against the High Court’s refusal to order the return of the child under Brussels II on the grounds of the child’s objection. The appeal was allowed.

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Martin-Dye v Martin-Dye [2006] EWCA Civ 681

This was an appeal against an order in ancillary relief proceedings concerning the treatment of the pensions of the parties in trying to achieve a clean break. The appeal was allowed and a pension sharing order imposed.

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Miller v Miller : McFarlane v McFarlane [2006] UKHL 24

House of Lords judgment in two appeals concerning fairness in divorce settlements. The husband’s appeal in Miller was dismissed but the appeal in McFarlane was allowed and the district judge’s original order restored.

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