Case Summaries

Gregory v Nottingham University Hospitals NHS Foundation Trust & Ors [2023] EWCA Civ 1324

This hearing on the 10th of November 2023 was the 7th hearing in 25 days concerning Indi Gregory, a girl born with an incurable mitochondrial condition who was placed on full life support on the 6th of September 2023. The removal of invasive medical ventilation for Indi – a process known as extubation – was authorised by Peel J on the 16th of October 2023.

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Re N (children: revocation of placement orders) [2023] EWCA Civ 1352

A parent’s appeal against the dismissal of an application to revoke placement orders and for the instruction of an independent social worker. Appeal dismissed.

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HM Solicitor General v Wong [2023] EWHC 2966 (Fam)

In October 2023 Cobb J found the Defendant, Mr Wong, in contempt of court.

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Mahtani v Mahtani [2023] EWHC 2988 (Fam)

A wife succeeded in getting a stay lifted on her English divorce and financial remedy proceedings, which had been initiated in 2021 and 2022. The Deputy High Court Judge refused to recognise a Malaysian court-ordered divorce, because the husband had misled the Malaysian court in 2017. The marriage was still valid in England, and the wife’s applications would be heard by the English court.

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TJ v RC & Anor [2023] EWFC 189

This was a fact-finding hearing heard by The Hon. Mrs Justice Judd in proceedings concerning RR, a 6-year-old boy.

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Re D (A Child) (Abduction: Child’s Objections: Representation of Child Party) [2023] EWCA Civ 1047

Appeal involving role of Solicitor-Guardian in 1980 Convention proceedings and extent to which Gillick competent child’s views should be followed

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A and B (No 3)(domestic abuse – no direct contact – s91(14)), Re [2023] EWFC 192

Application for Contact by Father previously refused direct Contact, change for surname and Order pursuant to s 91(14)

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H (A Child) [2023] EWCA Civ 995

Appeal from Order of Keehan J as to whether child’s body should be buried in Bangladesh as sought by Paternal Grandparent Special Guardians, rather than UK, as sought by Mother

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SP v DM [2023] EWHC 2089 (Fam)

 Appeal as to conduct of Fact-Find involving 33 week pregnant Mother who had benefit of Special Measures, and with dispute as to whether all allegations should have been permitted to proceed

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W (Care Proceedings) [2023] EWCA Civ 1251

The court of appeal dismissed an application by a mother for permission to appeal against decisions that (1) threshold criteria for making public law orders under section 31 of the Children Act 1989 were made out and (2) a special guardianship order made in respect of her son, in favour of child’s maternal uncle, the mother’s brother and his partner.

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Manchester City Council v Yusef & Ors [2023] EWHC 2792 (Fam)

The principles to be applied when sentencing a contemnor who is already in custody following a previous breach and continues to refuse to comply with the orders of the court.

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Uchechukwu-Onwubiko v Onwubiko & Ors [2023] EWHC 2812 (Fam)

This was a decision of Arbuthnot J in respect of a dispute between the fifth and second wives of Mr Uchechukwu-Onwubiko (the deceased) in respect of his body and estate (which consisted mainly of a flat).

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C, Re (Change of Forename: Child in Care) [2023] EWHC 2813 (Fam)

Application by the local authority to change a child in care’s forename on the basis of it gender connotations

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Nottingham University Hospitals NHS Foundation Trust v Gregory & Ors (Re Inherent Jurisdiction – Indi Gregory) [2023] EWHC 2798 (Fam)

In this judgment of 8 November 2023, Peel J made a final best interests decision about where 8-month-old Indi Gregory should be extubated in line with her care plan.

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Re EY (Fact-Finding Hearing) [2023] EWCA Civ 1241

A successful appeal against a judge’s finding that the threshold criteria for public law orders were not met in respect of E, a young person of 14 who identifies as non-binary.

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P v F [2023] EWHC 2730 (Fam)

The court considered an appeal by the appellant father (“P”) against an order made by HHJ Tolson KC (“the Judge”) dated 21 March 2023 whereby the Judge made a child arrangements order (“CAO”) at a dispute resolution appointment (“DRA”) providing for indirect contact only between the father and the children.

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