Case Summaries

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C Children (RCJ Civil Appeals) [2017] EWCA Civ 2696

Appeal by a local authority in relation to an application for permission to refuse contact.

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Purvis v Purvis [2019] EWFC 31

Mostyn J’s judgment on an application under FPR 24.12 for a letter of request to be issued to the US authorities for examination, unusually, of the respondent to financial remedy proceedings.

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A Local Authority v A Mother & Ors [2019] EWCA Civ 799

Appeal by a local authority against a finding in care proceedings regarding injuries suffered by a baby.

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Gloucester County Council v JD & Others [2019] EWHC 1101 (Fam)

Judgment of Williams J in care proceedings relating to two children where a Child Arrangements (“live with”) Order was made in favour of the father and his partner who live in Portugal.

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TB v KB and LH (Capacity to Conduct Proceedings) [2019] EWCOP 14

Court of Protection case on capacity to conduct proceedings

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MB v TB (Art 13 Alleged Risk of Oppressive Litigation) [2019] EWHC 1019 (Fam)

In Hague Convention proceedings Mr Justice MacDonald ordered the summary return of a child to the State of Israel, rejecting the mother’s “grave harm” defence which relied on her assertions both as to the alienation of the child from her by the father and on what she described as his “relentless and oppressive” use of the legal system in Israel.

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Lachaux v Lachaux [2019] EWCA Civ 738

An appeal against the recognition of a divorce in Dubai and against the dismissal of child arrangements order.

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Re: T-S (Children) [2019] EWCA Civ 742

An appeal concerning the approach of a court to a potential impasse with a local authority on an important element of the care plan. In the instant case, an impasse had not been reached. The appeal was allowed, though none of the local authority’s grounds were accepted.

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Pierburg v Pierburg [2019] EWFC 24 (11 April 2019)

Unsuccessful application for a divorce petition to be heard in this jurisdiction

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W-L (A Child: RCJ-Civil Appeals) [2017] EWCA Civ 2690

Case summary coming soon

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R (Children) [2018] EWCA Civ 3050

Appeal against an order which moved two children from the care of a friend of the mother to foster care.

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B (children) [2018] EWCA Civ 3049

This was an appeal in relation to a decision made by His Honour Judge Glenn Brasse that one of the children in care proceedings should be separately represented.

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Giusti v Ferragamo [2019] EWCA Civ 691

This is an appeal against a decision of Francis J to stay the wife’s English divorce petition and dismiss her application for a single joint expert to be instructed to provide an opinion on Italian law.

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Vasilyeva v Shemyakin [2019] EWHC 932 (Fam) (16 April 2019)

This case involved an application for leave under s.13 Matrimonial and Family Proceedings Act 1984 to apply for the leave of the court to apply for financial relief in England and Wales. The test for the grant of leave is whether there is “substantial ground” for the making of an application.

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H-L (Children – Summary Dismissal of Care Proceedings) [2019] EWCA Civ 704

This was a successful appeal by the Local Authority against the decision of HHJ Wicks dismissing care proceedings at an interim procedural stage, against opposition from the Local Authority and Children’s Guardian. The Court of Appeal determined that the Judge had erred in finding that threshold was not crossed and that he should not have summarily dismissed the proceedings [46].

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G-L-T (Children) [2019] EWCA Civ 717

Lady Justice King grants an appeal against a finding made by HHJ Farquhar within care proceedings that a father had ‘failed to protect’ his son.

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