Case Summaries

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CTD (A Child: Rehearing) [2020] EWCA Civ 1316

This is an appeal from findings of fact that were made at a rehearing of care proceedings. The Court of Appeal took the opportunity to draw together, and in one respect simplify, the approach to be taken at each of the three stages when an application to reopen findings of fact in a family case.

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Ahmed v Iqbal (Order Preventing Counsel from Acting) [2020] EWHC 2666 (Fam)

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P v Griffith [2020] EWCOP 46

Application by the Official Solicitor on behalf of the protected party [PP] to commit the respondent for contempt of court, where the allegation was that the respondent had falsified a court order.

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Re ND (Court of Protection: Costs and Declarations) [2020] EWCOP 42

Keehan J considers whether a LA has failed its duty regarding the Children Act 1989 and the Care Act 2014

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Falling Out of Love in Hong Kong – a quick guide to divorce and financial provision in the territory

Clare Williams, Professional Support Lawyer, and Lydia Pilati, Associate Solicitor, both at JMW explain the similarities and distinctions between the law of divorce and financial provision between Hong Kong and England and Wales

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FS v RS and JS [2020] EWFC 63

A warning with regards to trying to re-open cases after judgment has been given.

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Cumbria County Council v T (Discharge of Intervenors) [2020] EWFC 58

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Cumbria CC v T (Discharge of Interveners) [2020] EWFC 58

In public law care proceedings in which the mother sought findings against eight interveners for sexual abuse of her 6 year old son and others, the court considered it was not necessary or proportionate to determine the findings of fact sought by the mother and that it was appropriate for each of the interveners to be discharged.

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Rothchild v De Souza [2020] EWCA Civ 1215

An appeal by H from financial remedies order in divorce.

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Re B (A Child) (Unnecessary Private Law Applications) [2020] EWFC B44

A warning that criticisms from the court and consequential sanctions may be imposed where unnecessary private law applications are brought before the Family Court.

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WS v KL [2020] EWHC 2548 (Fam)

Mrs Justice Knowles granted the father’s appeal against an order allowing a mother to remove two young girls to relocate permanently to Hong Kong, finding that the judge had failed to conduct a welfare analysis of the available options or a proportionality assessment.

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Re A (A Child) [2020] EWCA Civ 1230

Successful appeal against findings made in private law proceedings that a father had poisoned the mother and her parents, killing the maternal grandfather. The court must be mindful of the fallibility of memory and the pressures of giving evidence.

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G (A Child: Child Abduction) [2020] EWCA 1185

The court considered the interplay between obligations of the state under the 1980 Hague Convention and under immigration law including the 1951 Geneva Convention.

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J v A South Wales Local Authority [2020] EWHC 2362

This is an appeal on behalf of J against the decision of HHJ Howells to permit the local authority to withdraw three admissions of liability it made to J in civil proceedings in which breach of duty was alleged on account of the local authority’s alleged failure to remove him from the care of his mother and her foster parents and place him for adoption in the first months of his life.

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OG v AG [2020] EWFC 52

A financial remedies case taking into consideration the value of a business which will be affected by a no-deal Brexit, COVID-19 and the husband having set up a rival company.

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In the matter of child J [2020] EWHC 2395 (Fam)

Use of inherent jurisdiction to authorise a placement involving a deprivation of liberty when one or more of the relevant criteria under s25 of the Children Act 1989 are not satisfied

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