Case Summaries

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Bogolyubova v Bogolyubov & Anor [2023] EWCA Civ 547

There was a High Court decision in Financial Remedies proceedings not to approve a consent order for the wife to receive £95m, because there is an arguable case against the husband in Chancery proceedings which, if proved, will wipe out his assets. The Court of Appeal dismissed the appeal and upheld the decision of Peel J to adjourn the application generally.

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Allami v Fakher [2023] EWCA Civ 532

The Court of Appeal refused a father’s appeal against a six month prison sentence for contempt in circumstances where he had breached High Court orders repeatedly and had made it clear that he had no intention of complying with them in future.

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Re C (Adoption – procedural irregularities) [2023] EWFC 70

The case concerned a 5 year old girl (C).  Applications for care and placement orders were made by Local Authority 1 (“LA1”), and she was made subject to care and placement orders in May 2018, aged 6 months.  The final care plan proposed that there should be letterbox contact twice a year, and the District Judge approved the care plan.

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RL v NL [2023] EWFC 75

This was an application to set aside the final order of DJ Davies dated 3rd November 1995. H was represented and W a LiP. This hearing was listed on the court’s own initiative to determine whether H’s application to set aside the order should proceed or be struck out.

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Allami v Fakher & Anor [2023] EWFC 59 (13 March 2023)

Mr Justice McDonald hears a mother’s application to commit the father for contempt of court in return proceedings under the inherent jurisdiction. In doing so, he provides helpful summaries of both the applicable legal principles as to committal for contempt of court and the sentencing of a contemnor.

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Chikeluba v Chikeluba [2023] EWHC 1096

Permission to appeal an order granting financial relief after an overseas divorce, with obiter dicta on whether a party in breach of a Hadkinson order preventing him from taking active steps in proceedings until he has remedied ongoing breaches may be heard on appeal.

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TM v KM [2022] EWFC 155

Decision of HHJ Hess in which a discrete compensation award was appropriate on the facts of the case.

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DR v UG [2023] EWFC 68

Mr Justice Moor dealing with an application for financial remedies considers and applies the case law on special contributions and post-separation endeavour as justifications for a departure from equal division in a sharing principle case.

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T (Fact-Finding: Second Appeal) [2023] EWCA Civ 475

Second appeal in a fact finding concerning sexual abuse upholds original DDJ judgment findings overturned by a CJ on first appeal.

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AY & Anor v ZX [2023] EWFC 39

Macdonald J confirmed that a parental order can be made if a surrogate is artificially inseminated at home, and not in a licenced fertility clinic.

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Re J (Children: Reopening Findings of Fact) [2023] EWCA Civ 465

Court of Appeal judgment confirming the settled law in relation to reopening findings of fact.   The approach in Re RL should not be followed. 

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F v M (Appeal- Fact Finding – Domestic Abuse- Adequate Reasons) [2023] EWFC 48

1. Knowles J was concerned with an appeal by a father of two children with whom he sought contact from findings of egregious domestic abuse made against him – including anal and vaginal rape and related coercive and controlling behaviour. The mother resisted the appeal. The court dismissed the appeal.

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SC v TC [2022] EWFC 67

HHJ Hess gave no weight to a post-marital agreement signed at a time when the husband was vulnerable and which risked leaving the husband in a predicament of real need.

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T (Children) (Jurisdiction- Matrimonial Proceedings) [2023] EWCA Civ 285

This was an appeal by M against orders made by Arbuthnot J on 28 July 2022 and 15 September 2022 which dismissed her original application for section 8 Children Act 1989 (“CA 1989”) orders in respect of the parties’ three children.

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SS v RS [2023] EWFC 32

Application by Husband for compensation arising from failure to secure his release from a mortgage.

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DB v (1) Secretary of State for Work and Pensions & SB [2023] UKUT 70 (AAC)

Appeal by Father as to the Tribunal’s approach in determining “day to day care”

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