Case Summaries

Dobson v Griffey [2018] EWHC 1117 (Ch)

Judgment involving a careful application of constructive trust and proprietary estoppel doctrines which determines that a cohabitant had no equitable interest in a farm property in which she had lived and in respect of which she had made contributions.

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Hart v Hart [2018] EWCA Civ 1053

Court of Appeal judgment dealing with a husband’s appeal against a committal order made within financial remedy proceedings.

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Versteegh v Versteegh [2018] EWCA Civ 1050

The wife appealed against a financial remedy proceedings order wherein she received approximately half the non-business assets (£51.4m) together with a 23.41% interest in a business that had been created by and run by the husband under a trust structure.

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Y (A Child) (S.38(6) Assessment) [2018] EWCA Civ 992

Appeal concerning the powers of the court to make an order for assessment of a child under section 38(6) of the Children Act 1989.

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X (A Child) (No 6) [2018] EWHC 1005 (Fam)

Further judgment by the President in care proceedings concerning a ‘very disturbed’ teenager.

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IH v Secretary of State for Work and Pensions and EH (CSM) (Child support – calculation of income) [2018] UKUT 142 (AAC)

The Upper Tribunal allowed the father’s appeal and remitted the case to the Child Maintenance Service to recalculate child support liability due to an error on a point of law.

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A Local Authority v M & N (Female Genital Mutilation Protection Order – FGMPO) [2018] EWHC 870 (Fam)

Judgment by Hayden J in respect of a local authority’s application for a Female Genital Mutilation Protection Order to prevent an infant travelling to the Sudan with her mother.

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R-E (Children) [2018] EWCA Civ 953

Judgment in Court of Appeal as to whether there had been an “unfair summary disposal” of the parents’ application for a rehearing of care proceedings.

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M (A Child) [2017] EWCA Civ 2445

Appeal against findings of fact.

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M (A Child) [2017] EWCA Civ 2356

Case summary coming soon

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Wall v Munday [2018] EWHC 879 (Ch)

Unsuccessful appeal against a finding that the claimant had failed to demonstrate that the deceased and the respondent had a common intention to vary their respective beneficial interests in a property following the severance of their joint tenancy. Successful appeal against the costs order made against the claimant at first instance.

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Evans & Anor v Alder Hey Children’s NHS Foundation Trust & Anor [2018] EWCA Civ 984

Court of Appeal judgment refusing the last applications for permission to appeal brought by the parents of Alfie Evans.

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DE v Secretary of State for Work and Pensions and AE (CSM) (Child support – tribunal practice) [2018] UKUT 128 (AAC)

Appeal in respect of child support, in which the Upper Tribunal judge is heavily critical of the dynamics of the first-tier tribunal below.

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CFA (Ireland) v F [2018] EWHC 939 (Fam)

Judgment by Francis J in respect of an Article 15 request concerning a girl, born in 2017, made by the Irish court to the courts of England and Wales.

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C (A Child – Application for dismissal or withdrawal of proceedings) (No. 3) [2017] EWFC 37

Local Authority’s application for the dismissal of public law proceedings in circumstances in which it pleaded that the threshold cannot be evidenced. Mrs Justice Pauffley rejected the local authority’s application.

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Alder Hey Children’s NHS Foundation Trust v Evans & Anor [2018] EWHC 953 (Fam)

Applications in respect of Alfie Evans, including that he be transferred to an alternative medical provider in Rome.

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