Case Summaries

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RV v VT [2018] EWHC 2808 (Fam)

Judgment ordering the return of a child to Latvia in which a child was found to have acquired habitual residence in Latvia after approximately 4 months, previously having lived and been habitually resident in England – where the mother remained living – for four years.

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University College London Hospitals v KG [2018] EWCOP 29

Judgment of Cohen J approving the administration of a new and untested treatment for CJD in respect of a patient who had lost capacity to make his own informed decisions.

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D, (A Child), Re [2018] EWHC 2828 (Fam)

Hayden J scrutinises and reviews a “profoundly disturbing” case in which there had been a failure to achieve an appropriate placement for a child with a wide variety of challenging behaviours.

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Hertfordshire CC v Ms T and Mr J [2018] EWHC 2796 (Fam)

Judgment of Keehan, J at the final hearing in care proceedings in which His Lordship gave himself a revised Lucas direction.

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C (An Infant), Re (Rev 1) [2018] EWHC 2750 (Fam)

A decision of Ms Justice Russell granting a declaration sought by an NHS Trust that it would be lawful and in the best interests of a two month old child for his treatment to be limited to palliative care.

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A and R (Children), Re [2018] EWHC 2771 (Fam)

Unsuccessful appeal by the mother against a fact finding hearing in private children proceedings, where Baker J provides a useful reminder of the law pertaining to domestic abuse cases, in particular the question of appeals arising from fact finding hearings

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H (Children) [2018] EWFC 61

Care proceedings concerning two children which took 116 weeks to resolve largely because of the approach and delay in concurrent criminal proceedings. Sir James Munby gives helpful guidance about the engagement of the family court with other courts, agencies and public authorities.

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A (A Child) [2018] EWCA Civ 2240

Appeal in care proceedings involving rival SGO contenders: a foster carer and extended family members in Ghana. At first instance, the judge made a SGO to the foster carer. Appeal allowed.

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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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