Case Summaries
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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.
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.
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.
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.
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.
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.
Z (A Child) [2018] EWFC 25
Judgment of the President in respect of a care plan for a 16 year old with a history of self-harming and attempted suicide.
Re M-A (A Child) [2018] EWCA Civ 896
Appeal considering a decision at first instance by a Deputy High Court Judge in the Manchester Family Court, whereby the judge had ordered that C, a 3-year old boy diagnosed with autistic spectrum disorder, should live with his father in Canada and spend holidays with his mother who lived in England. The decision reversed the child’s established living arrangements.
A Local Authority v X & Ors [2018] EWHC 874 (Fam)
Judgment in which considered what impact, if any, the mother’s functions with her High Commission and the consequent diplomatic privileges and immunities enjoyed by her and household, had upon the ability of the court to make public law orders in respect of her children.
ECtHR finds fresh application from family of Alfie Evans inadmissible
Statement of the ECtHR
Alder Hey Children’s NHS Foundation Trust v Evans & Ors [2018] EWHC 818 (Fam)
Short judgment of Hayden J in the Alfie Evans litigation dismissing the parents’ application for a writ of ‘habeus corpus’ to release Alfie from his hospital.
KA v MA (Prenuptial Agreement – Needs) [2018] EWHC 499 (Fam)
Roberts J applied the law on pre-nuptial agreements and made a needs-based award of £2.95m.
C (Children – Fact-Finding) [2018] EWCA Civ 801
Appeal against fact finding, for insufficiency of allegations found, dismissed by the Court of Appeal.
S v S [2018] EWHC 627 (Fam)
Appeal against decision in financial remedy proceedings not to re-open findings in the light of new evidence. Appeal dismissed with costs.