Case Summaries

W (A Child), Re [2019] EWCA Civ 1966

An appeal by a great-aunt against care and placement orders made in May 2019 concerning a two year old boy. Appeal allowed.

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A Local Authority v M & F & Ors [2019] EWHC 1447 (Fam)

Judgment of Mr. Justice Hayden following a 3-week-long fact-finding hearing to determine the cause of death of a 10-year old child. The case was re-heard following the judgment of the Court of Appeal [2018] EWCA Civ 1718 in which King LJ concluded that the judge at the first fact-finding hearing had fell into error by resorting to the burden of proof prematurely.

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Re B (Secure Accommodation Order) [2019] EWCA Civ 2025

Appeal by Local Authority against the refusal of its application for a secure accommodation order: Court of Appeal recasting the interpretation of the section 25 criteria.

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F v M (Appeal) [2019] EWHC 3177 (Fam)

A father unsuccessfully appealed a determination of fact made in private law children proceedings that he had perpetrated a rape upon the mother.

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FRB v DCA No.2 [2019] EWHC 2816 (Fam)

Case summary coming soon

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A (No. 2) (Children: Findings of Fact) [2019] EWCA Civ 1947

The Court of Appeal orders an unprecedented 2nd retrial to be heard by the President of the Family Division.

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Re Q (Fact-Finding Rehearing) 2019 EWFC 60

Care proceedings in which a finding was made that the father inflicted head injuries to a child, and the mother was subsequently convicted for inflicting the injuries in a criminal trial. On review, Baker LJ adhered to his original findings.

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Re Q (Publication of Judgments) 2019 EWFC 70

Application by a mother convicted of harming her child in criminal proceedings to have the judgement published of a fact finding in the family court which found the child’s father guilty of the same injury.

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Re Q (Fact-Finding Hearing) [2017] EWFC 75

Fact finding regarding multiple injuries sustained by an infant. Both parents found to have inflicted specific injuries, as well as falling within a pool of possible perpetrators.

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P (Transgender Applicant for Declaration of Valid Marriage) [2019] EWHC 3105 (Fam)

In this case Cobb J heard an application for a declaration (pursuant to FLA 1986 s55(1)(a)) that a marriage conducted on 14.02.2009 between AP and JP is a valid marriage.

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In the matter of various applications concerning foreign representative powers: [2019] EWCOP 52

This judgment relates to five separate related applications before the Court, except that each asked the Court to make orders to give effect in England and Wales to representative powers originating in a foreign jurisdiction.

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Re I-L (Children) (1996 Hague Child Protection Convention:Inherent Jurisdiction) [2019] EWCA Civ 1956

A Court of Appeal judgment by Moylan LJ setting aside a High Court decision made under the inherent jurisdiction, which had ordered the return to Russia of two children.

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Raqeeb v Barts Health NHS Trust (Litigation Friend) [2019] EWHC 2976 (Admin)

This judgment concerns a case management decision regarding a litigation friend.

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Re TY Adoption (Jamaica) [2019] EWHC 2979 (Fam)

Cobb J allows an application for intercountry adoption to proceed notwithstanding the applicant’s non-compliance with certain of the requirements of the pre-adoption provisions of ACA 2002 and AFER 2005.

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Potanin v Potanina [2019] EWHC 2956 (Fam)

Concerning divorce proceedings by the wife of a Russian oligarch.

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PQ v RS and others (Legal Parenthood: Written consent) [2019] EWFC 65

The court was concerned with cross applications for a declaration. PQ applied for a declaration of parentage, RS applied for a declaration of non-parentage under s 55A Family Law Act 1986.

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