Case Summaries

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Quan v Bray & Ors [2018] EWHC 3558 (Fam)

Judgment of Mostyn J concerning a wife’s application seeking periodical payments for joint lives and the adjournment of her capital claims.

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Martin v Martin [2018] EWCA Civ 2866

Court of Appeal financial remedies decision addressing issues of the approach the court should take to the valuation of shares in a private company and how to determine non-marital wealth.

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C (Children) (Abduction Article 13 (B)) [2018] EWCA Civ 2834

Successful appeal of the dismissal of a father’s application under the Hague Child Abduction Convention 1980

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Brack v Brack [2018] EWCA Civ 2862

Financial remedy appeal concerning the validity of a prorogation clause in a prenuptial agreement and the effect, if any, on the Court’s ability to take into account needs, compensation and sharing where there is a valid prenuptial agreement with no vitiating factors.

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J (A child – Hague Child Abduction Convention – Physical Chastisement and Homophobic Abuse) [2018] EWFC 85

Application under the 1980 Hague Convention for the summary return of a child to the jurisdiction of Portugal

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F (A Child – Placement Order- Proportionality) [2018] EWCA Civ 2761

Successful appeal to the Court of Appeal against a care and placement order.

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M (A Child) (Secure Accommodation) 2018 EWCA Civ 2707

Unsuccessful appeal against a secure accommodation order, in which the Court of Appeal sets out the current law on secure accommodation orders.

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P (Declaration of Parentage- PP Form Mistake) [2018] EWFC 74

Application for a declaration to remedy an error arising from the insertion of the wrong date on a form required by statute for legal parentage.

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BT & GT (Children: twins – adoption) [2018] EWFC 76

Judgment of Keehan J granting two applications for adoption in respect of twins who had been placed separately and criticising the ‘utterly appalling’ failings of the local authority which had led to their separation.

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A & B (care orders and placement orders – failures) [2018] EWFC 72

Judgment of Keehan J revoking placement orders made in respect of two children who had suffered over ten years of ‘woeful’ care-planning by the local authority and ‘stark’ and ‘grave’ failures by the independent reviewing officers (“IROs”) to exercise their statutory function to safeguard the children’s welfare and future care.

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C (a Child), Re [2018] EWHC 3332 (Fam) (06 December 2018)

Judgment of Cohen J determining that it was not appropriate for the local authority to notify the father about the birth of the child in circumstances where a very young mother wished for the child to be adopted.

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G (Declaration of Parentage – Removal of Person Identified as Mother from Birth Certificate) (No 2) [2018] EWHC 3361 (Fam) (16 October 2018)

Case summary coming soon

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HRH Louis Prince of Luxembourg v HRH Tessy Princess of Luxembourg and Anor (Application for Financial Remedy) [2018] EWFC 77

Mr Justice MacDonald considered an application for financial remedies made by HRH Tessy Princess of Luxembourg in circumstances where the respondent husband (HRH Louis Prince of Luxembourg) asserted that the entirety of the beneficial interest in the family home was owned by a third party.

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US v SR (No. 4) (Executory Mainframe Distribution Order: Change in circumstances: Extent of the Court’s Ability to Revisit Terms) [2018] EWHC 3207 (Fam)

Judgment of Roberts J in long running litigation addressing the court’s ability to vary a financial remedies order made by a judge at the conclusion of those proceedings.

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RR v MM [2018] EWHC 3252 (Fam)

Refusal by Moor J of a father’s application for permission to appeal, made in long-running private law proceedings, against an order under s.91(14), dismissal of an application for recusal, and refusal to reinstate direct contact with the child.

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X & Anor v A & Ors [2018] EWHC 3223 (Fam)

Judgment of Keehan J making adoption orders in respect of two children and also ordering an injunction under the inherent jurisdiction.

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