Case Summaries

Forder v Forder [2005] EWCA Civ 1572

Application for permission to appeal, out of time, orders relating to ancillary relief. Application dismissed.

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BBC v Rochdale Metropolitan Borough Council , X and Y [2005] EWHC 2862 (Fam)

A case relating to whether continuing protection should be afforded to two social workers whose identities were not revealed in the open court judgment that concluded the original proceedings.

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JS v Messrs Whiteford Crocker (A Firm) [2005] EWCA Civ 1532

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Holman v Howes [2005] EWHC 2824 (Ch)

A case involving the respective interests of a divorced couple in a property registered in the sole name of the defendent. Held, that the property was held by the defendent on trust for himself and the claimant in equal shares.

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E v London Borough of X [2005] EWHC 2811 (Fam)

A case involving a citizen of Ghana and whether she has been deliberately and persistently misstating her age in order to represent herself as a child entitled to various benefits, and / or protection from a London Borough as a child in need of care.

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Fielden & Graham v Cunliffe [2005] EWCA Civ 1508

Appeal by executors against order under section 1(1)(a) of the Inheritance (Provision for Family and Dependants) Act 1975 where wife in short marriage had been awarded £800,000 from the deceased’s estate. Considers the correct approach in such cases in the light of White v White. Sum reduced to £600,000.

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X v A & Ors [2005] EWHC 2706 (Ch)

Application by trustees of a marriage settlement for directions as to whether it is open to them to exercise their powers of revocation and re-appointment in such a way as to release a very substantial part of the trust capital to the life tenant.

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The Mayor and Burgesses of the London Borough of Haringey v Kennedy & Ors [2005] EWCA Civ 1412

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Kent County Council v G & Ors [2005] UKHL 68

Appeal by a local authority against an interim care order directing them to provide therapeutic treatment to a mother at the Council’s expense. The judgment includes a discussion of the interpretation of 38(6) of The Children Act 1989. Appeal allowed.

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KT, Re [2005] EWHC 3428 (Fam)

Application by an adult for an injunction, to prevent his identification being publicised, on the grounds that intrusion of the press would jeopardise his emotional and physical safety. Injunction granted.

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A Local Authority v PD & Ors [2005] EWHC 1832 (Fam)

Application by the Press to name a father involved in criminal proceedings, where naming him may lead to the identification of his daughter. Allowed.

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