Case Summaries

Jay v Secretary of State for Justice 2018 EWHC 2620 (Fam)

Appeal against the decision of the Gender Recognition Panel to refuse a third application for a Gender Recognition Certificate.

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KBH & Ors (Forced Marriage Protection Order – Persons To Be Protected Permanently Resident Abroad) [2018] EWHC 2611 (Fam)

Judgment of Holman J declining to make any order (including a FMPO) because he was not satisfied that there was a properly constituted set of proceedings.

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T (A Child) [2018] EWCA Civ 2136

Decision of the President as to the exercise of the inherent jurisdiction of the High Court to make declarations permitting the accommodation of a child in a secure unit (akin to a statutory secure accommodation order under s.25 of the CA 1989) and whether the subject child’s valid consent to such accommodation removed the court’s power to make the declaration.

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B (A Child) [2018] EWCA Civ 2127

Appeal from findings of fact made within care proceedings as to the causation of injuries to a young baby. (The judgment includes particularly helpful guidance about the law relating to the duty to put an adverse case).

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Banker’s wife may lose UK property worth £22 million

High Court dismisses challenge to unexplained wealth order

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De Gafforj (Appeal – Hadkinson Order) [2018] EWCA Civ 2070

Appeal concerning the wife (‘W’)’s application for a Hadkinson order against the husband (‘H’) – she sought to prevent H from pursuing an appeal in the divorce proceedings on the basis that H was in contempt of court for failing to comply with orders for maintenance pending suit, costs and legal services payments.

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B-P (Children – Adoption or Fostering) [2018] EWCA Civ 2042

Appeal concerning a court’s decision not to grant Placement Orders in respect of three children under 5 years of age and making final care orders only having concluded that they could not be returned to the care of their parents.

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History to be made in the Supreme Court on 3 October

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LKH v TQA AL Z (Interim maintenance and pound for pound costs funding) [2018] EWHC 2436 (Fam) (24 July 2018)

A wife’s application for a pound for pound order in a ‘big money’ financial remedy case.

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K (A Child): Threshold Findings) [2018] EWCA Civ 2044 (04 September 2018)

Successful appeal against a finding that the threshold for making a care order had not been made out.

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M (A Child) [2018] EWCA Civ 2043

A father’s unsuccessful appeal against an order to return his 15-year-old daughter to England from Thailand.

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A v A Case No LV15D009589

Judgment which considers the correct approach in modest asset or “needs” cases, when either party is raising conduct and or non-disclosure.

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R v K [2018] EWFC 59

Judgment of Baker J in financial remedy proceedings where the central issue was whether liabilities had been fabricated or exaggerated in an attempt to defeat the wife’s claim. Successful “add-back”.

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Leicestershire County Council v AB and others [2018] EWFC 58

Judgment of Keehan J following final hearing in care proceedings concerning half-siblings aged 4 and 3. “Lancashire” finding made that the perpetrator of the injuries to the elder child was either the mother or her partner. Child arrangements order made for both children to live with the biological father of the younger child, as opposed to being separated to live with their respective biological fathers.

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Tattersall v Tattersall [2018] EWCA Civ 1978

The Court of Appeal dismissed a husband’s appeal against orders for enforcement of unpaid periodical payments arising from a financial remedy order.

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YZ v Leicester City Council & Ors [2018] EWHC 2262 (Fam)

Application by a father to discharge a care order pursuant to s.39 of The Children Act 1989.

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