Case Summaries

Re RD (Deprivation or Restriction of Liberty) 2018 EWFC 47

Judgment of Cobb J considering whether the supervision arrangements for a young person placed in a residential placement amount to “complete supervision and control” when compared with the typical regime that would be in place for a child of the same age, station, familial background and relative maturity who is free from disability.

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Northamptonshire County Council & Anor v The Lord Chancellor (via the Legal Aid Agency) [2018] EWHC 1628 (Fam) (05 June 2018)

Judgment of Francis J addressing the circumstances in which damages recovered pursuant to HRA proceedings are subject to the Legal Aid Agency statutory charge in respect of the costs of those care proceedings. Appended to the Judgment, with the agreement of all parties, is a document entitled "Position of the Legal Aid Agency a to the application of the statutory charge in relation to care costs and Human Rights Act applications" which should be read in the context of all HRA claims where a similar costs issue arises.

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S (A Child), Re [2018] EWCA Civ 1453

Successful appeal to the Court of Appeal against an order made at the first directions hearing summarily dismissing a mother’s application under the 1980 Hague Child Abduction Convention.

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AB v CD ETC [2018] EWHC 1590 (Fam)

Judgment of Keehan J in which following a surrogacy arrangement His Lordship was forced to construct a set of orders to secure the welfare of the children which fell very far short of the transformative effect of a parental order.

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R (on the application of Steinfeld and Keidan) (Appellants) v Secretary of State for International Development (in substitution for the Home Secretary and the Education Secretary) [2018] UKSC 32

Unanimous judgment of the Supreme Court allowing the appeal and making a declaration that sections 1 and 3 of the Civil Partership Act 2004 (to the extent that they preclude a different sex couple from entering into a civil partnership) are incompatible with article 14 of ECHR taken in conjunction with article 8 of the Convention.

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XW v XH (No.2) (Reporting Restrictions Order) 2018 EWFC 44

Applications for a reporting restrictions order precluding publication of information relating to financial remedy proceedings.

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XW v XH [2017] EWFC 76

Long judgment of Baker J allowing a special contributions argument and an argument as to the latent value of a company at the date of the marriage so as to justify a departure from equal sharing of the assets in the husband’s favour. The judgment also considers the law on foreign pre-marital separation of property agreements and the approach to distinguishing between non-matrimonial and matrimonial property.

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Kelly v Pyres [2018] EWCA Civ 1368

Court of Appeal judgment overturning a judgment which had found that a wife had acquired a domicile of choice in England

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Egeneonu v Egeneonu & Anor [2018] EWHC 1392 (Fam)

Judgment of Williams J concerning committal proceedings and an application to exclude improperly obtained evidence

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CH v CT [2018] EWHC 1310 (Fam)

Successful appeal against a suspended committal order made following the appellant’s failure to comply with an order which required her to make her daughter available for contact with the respondent.

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P-S (Children) [2018] EWCA Civ 1407

Successful appeal against final care orders made. The Court of Appeal also gave general guidance on the approach to be taken to consideration of Special Guardians and the making of SGOs within care proceedings.

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MK and RP (Hague Child Abduction Convention) [2018] EWHC 1475 (Fam)

Successful application under the Hague Child Convention for the summary return of a child to her father in Israel.

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MT v OT [2018] EWHC 868 (Fam)

Judgment of Cohen J dealing with four applications under Schedule 1 to the Children Act 1989

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Gee v Gee & Anor [2018] EWHC 1393 (Ch)

Successful claim in a proprietary estoppel case concerning a family farm.

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Re M-Y (Children) [2018] EWCA Civ 1306

Parents’ appeal from findings of fact, a final care order in respect of a 15 year old girl (P), and interim supervision orders in respect of younger children (V, U and A).

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In the matter of an application by the Northern Ireland Human Rights Commission for Judicial Review (Northern Ireland) [2018] UKSC 27

Challenge in the Supreme Court of the compatibility of the law prohibiting abortion in Northern Ireland (insofar as the law prohibits abortion in three specific categories of cases) with Articles 3 and 8 and 14 of the ECHR.

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