Case Summaries

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RP (Appeal costs) [2019] EWCA Civ 680 (16 April 2019)

An appellant attempted to recover litigation costs against the LA and Cafcass and failed.

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Re H (Abduction:Retention in Non-Contracting State) [2019] EWCA Civ 672

This was an appeal from a return order made in Hague Convention proceedings by Mostyn J.

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Thum v Thum [2019] EWFC 25

Mostyn J refused an application by a husband to revoke a disclosure order made during financial remedy proceedings

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Guest v Guest & Guest [2019] EWHC 869 (Ch)

A claim based on proprietary estoppel for a share in a family business where a son worked for 30 years at a reduced wage.

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Baron & Others (4 Defective Divorces) [2019] EWFC 26

Sir James Munby upholds the decision of Sir Stephen Brown P in Butler v. Butler, The Queen’s Proctor Intervening [1990] 1 FLR 114 as correct and properly to be followed; where a divorce petition has been issued in breach of section 3(1) MCA 1973, then the petition is null and void and the court has no jurisdiction to entertain it. This defect is not curable by amending the original petition. The court has no power to grant discretionary relief in such circumstances.

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Grandison v Joseph [2019] EWHC 977 (Fam)

A husband appeals against an order forcing him to transfer properties into his sole name after he had reneged on an agreement with his wife to do so. Appeal dismissed.

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Ipekci v McConnell [2019] EWFC 19

Judgment of Mr Justice Mostyn refusing to give effect to a prenuptial agreement in circumstances where inter alia it failed to meet the Husband’s needs and there had been no independent legal advice. The court also underlines the importance of compliance with
FPR PD27A and the Efficiency Statement of 1 February 2016

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H v T (Judicial Change of Mind) [2018] EWHC 3962 (Fam)-1

Appeal heard by MacDonald J of an order following financial remedy proceedings. The Husband had been given permission to appeal on his first ground of appeal only, essentially that the Judge at first instance had failed to make adequate capital provision for the Husband.

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A (Children) [2019] EWCA Civ 609

A father’s appeal against an order dismissing his application for leave to oppose the making of adoption orders under section 47(5) of the Adoption and Children Act 2002. The maternal grandfather’s proposal to now care for the children, having been aware of the proceedings, did not constitute a sufficient change in circumstances. Appeal dismissed.

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PR v JES v TER (Appeal: Sexual Abuse, Fact Finding) [2019] EWHC 791 (Fam)

This was an appeal against findings made within private law proceedings

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C (Declaration of Parentage Written Consent), Re [2019] EWHC 648 (Fam) (12 February 2019)

Application for a Declaration of Parentage following administrative errors by the fertility clinic

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B (Children) [2019] EWCA Civ 575

Case summary coming soon

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G (Children: Intractable Dispute) [2019 ]EWCA Civ 548

This is the second judgment from the Court of Appeal in a long running private law Children Act dispute.

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Re RP (A Child) (Foster Carer’s Appeal) 2019 EWCA Civ 525

Case summary coming soon

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CM v CM [2019] EWFC 16

Application to determine the wording of a letter of instruction to an expert in financial remedy proceedings. Mr Justice Moor commends the use of arbitration to decide such issues.

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M v P [2019] EWFC 14 (22 March 2019)

Judgment of Sir James Munby (Sitting as a Judge of the High Court) in a case concerning an application by the Queen’s Proctor to set aside a decree nisi of divorce granted in the Willesden County Court in 2013.

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