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Judgments 2008

• A & M (R, on the application of) v London Borough of Croydon and London Borough of Lambeth [2008] EWCA Civ 1445
  Judgments (08/01/2009)
  Appeals against rulings regarding age assessments by two London boroughs with regards to two separate applicants and whether Articles 6 & 8 were engaged. Appeals dismissed.
• A (A Child) [2008] EWCA Civ 650
  Judgments (27/06/2008)
  Appeal by grandfather in care proceedings concerning his continued contact with his grandson during long term foster care or adoption. Appeal allowed.
• A (A Child) [2008] EWCA Civ 1138
  Judgments (24/10/2008)
  Appeal by father against committal order arising from wrongful removal of child from UK to Syria. Appeal allowed.
• A (Historic Child Abuse) v Wirral Metropolitan Borough Council [2008] EWCA Civ 783
  Judgments (11/07/2008)
  Appeal by local authority against findings that a claimant seeking damages for sexual abuse that occurred in 1970 did not know that he had suffered any significant harm until 2001 and therefore was still within the Limitations Act. Appeal allowed and matter remitted to the judge to consider under discretion of s33 of the Act.
• A (R on The Application Of, By His Litigation Friend, Valbona Mejzninin) V London Borough Of Croydon [2008] EWHC 2921 (Admin)
  Judgments (07/12/2008)
  Application for permission for judicial review, with application to follow, of a decision not to review the age assessment of the claimant who was seeking assistance from the local authority under s 20 of the Children Act 1989. Permission granted and decision quashed.
• A Local Authority v K & Ors [2008] EWHC 2051 (Fam)
  Judgments (04/09/2008)
  Judgment in care proceedings concerning the placement of an infant child born to parents whose three previous children had been removed from their care after findings that one of them had suffered non-accidental injuries. The child was put into the care of the local authority.
• A Local Authority v M (Funding of Residential Assessments) [2008] EWHC 162 (Fam)
  Judgments (28/04/2008)
  Application by mother in care proceedings seeking a residential assessment for her and her child. Application allowed.
• A Primary Care Trust & Anor v AH & Anor [2008] EWHC 1403 (Fam)
  Judgments (11/07/2008)
  Reasons given for making an interim order under the Mental Capacity Act 2005 relating to a 22 year old adult male suffering from sever epilepsy.
• A v Hoare & Others [2008] UKHL 6
  Judgments (03/02/2008)
  Conjoined appeals in which claimants were seeking to lift the statute bar against their claims for damages arising from sexual abuse alegations. Appeals allowed and either sent back for reconsideration by the lower courts or orders made as appropriate.
• A, T & S (R on the application of) v London Borough of Newham [2008] EWHC 2640 (Admin)
  Judgments (07/11/2008)
  Application for judicial review by prospective adopters of decision not to allow them to adopt a second child. Application succeeded.
• AB & Ors v The Nugent Care Society [2008] EWCA Civ 795
  Judgments (17/07/2008)
  Appeal against refusal to extend limitation period for two claimants in historic sexual abuse claim. Appeal allowed and remitted to judge.
• AB v JLB [2008] EWHC 2965 (Fam)
  Judgments (30/12/2008)
  Judgment in proceedings under Brussels II bis where father was seeking dismissal of English proceedings initiated by the mother. The English applications were dismissed.
• AF v M B-F [2008] EWHC 272 (Fam)
  Judgments (11/04/2008)
  Application by father for summary return of two children to Poland under the Child Abduction and Custody Act 1985. The judge exercised his discretion to refuse the application.
• A-H (Children) [2008] EWCA Civ 630
  Judgments (15/06/2008)
  Application for permission to appeal orders in an intractable contact dispute. Application refused but with recommendations for future representation of the children.
• Ansari v Ansari & Ors [2008] EWCA Civ 1456
  Judgments (11/01/2009)
  Appeal by wife against a previous appeal overturning the setting aside of a charge on her matrimonial home after her husband left the home and sold it to another couple. Appeal dismissed.
• A-T (Children) [2008] EWCA Civ 652
  Judgments (29/06/2008)
  Appeal on behalf of the guardian against orders in a prolonged contact case. Appeal allowed.
• B (A Child) [2008] EWCA Civ 1547
  Judgments (30/01/2009)
  Appeal by local authority against findings of fact in care proceedings. Appeal allowed.
• B (A Child) [2008] EWCA Civ 928
  Judgments (08/08/2008)
  Applications by mother and father for permission to appeal refusal to allow assessments in care proceedings involving physical harm to their child. Applications refused.
• B (Children) [2008] EWCA Civ 1034
  Judgments (02/10/2008)
  Application for permission to appeal, with appeal to follow, refusal of mother's application to relocate. Permission granted but appeal dismissed.
• B (Children) [2008] EWCA Civ 1037
  Judgments (05/10/2008)
  Application for permission to appeal finding of fact that the applicant had sexually abused children of a family whose children had been placed in care for general neglect. Application refused.
• B (Children) [2008] EWCA Civ 131
  Judgments (02/03/2008)
  Application by father for permission to appeal, with appeal to follow, care order placed on his eldest son, K, and an interim care order placed on his youngest son, R. Application allowed and appeal against full care order allowed with an interim care order substituted; appeal against interim care order refused.
• B (Children) [2008] EWCA Civ 282
  Judgments (07/04/2008)
  Judgment in appeal proceedings arising from a fact finding hearing where the judge could not reach any conclusions over the likelihood of sexual abuse and in the course of which he questioned the current case law governing standards of proof in such circumstances. Appeal dismissed and permission granted for application to the House of Lords.
• B (Children) [2008] EWCA Civ 835
  Judgments (22/07/2008)
  Application by parents for permission to appeal, with appeal to follow, care and placement orders. Appeal allowed.
• B (Children) [2008] UKHL 35
  Judgments (13/06/2008)
  Appeal arising from findings that a High Court judge could not determine whether or not the children were at risk of harm. Appeal dismissed.
• B (Children) EWCA Civ 695
  Judgments (04/07/2008)
  Application by parents for permission to appeal, with appeal to follow, care and placement orders. Application refused.
• B v B [2008] EWCA Civ 543
  Judgments (31/03/2008)
  Appeal by wife against ancillary relief orders in proceedings involving inherited wealth. Appeal allowed.
• B v D 2008 EWHC 1246 (Fam)
  Judgments (15/06/2008)
  Application by mother for return of two children to the UK under the inherent jurisdiction and s41 of the Supreme Court Act. Application granted.
• B V London Borough of Lewisham [2008] EWHC 738 (Admin)
  Judgments (05/05/2008)
  Application for judicial review concerning the levels of financial support available to a special guardian under sections 14A – F of the Children Act 1989 and the Special Guardianship Regulations 2005. The local authority's scheme was held to be unlawful.
• Baker v Baker [2008] EWHC 977 (Ch)
  Judgments (06/05/2008)
  Application by widowed wife under the Inheritance (Provision for Family and Dependants) Act 1975. The application succeeded.
• Behzadi v Behzadi [2008] EWCA Civ 399
  Judgments (27/04/2008)
  Application by wife for permission to appeal orders in ancillary relief proceedings. Application allowed but only on amended grounds as suggested by the court.
• B-G v B-G [2008] EWHC 688 (Fam)
  Judgments (21/04/2008)
  Application under the Hague Convention by father for summary return to France of his two children. Application dismissed.
• Bird v Sec of State for Work & Pensions [2008] EWHC 3159
  Judgments (26/01/2011)
  A magistrates' court is entitled to take account of child maintenance paid by a method other than that specified by the Child Support Agency when making a liability order under section 33 of the Child Support Act 1991.
• Birmingham City Council v M 2008 EWHC 1085 (Fam)
  Judgments (27/06/2008)
  Appeal by local authority against refusal to grant a final secure accommodation order. Appeal allowed.
• B-Q (A Child) [2008] EWCA Civ 586
  Judgments (02/06/2008)
  Application by father for permission to appeal, with appeal to follow, a non-molestation order with power of arrest attached arising from contact proceedings. Application granted and appeal allowed in part.
• Bradley v Bradley [2008] EWCA Civ 629
  Judgments (15/06/2008)
  Second appeal arising out of ancillary relief proceedings. Appeal allowed
• Brown v Executors of the Estate of HM Queen Elizabeth the Queen Mother & Ors [2008] EWCA Civ 56
  Judgments (11/02/2008)
  Appeal against striking out of application to unseal the wills of the late Queen Mother and HRH Princess Margaret as the appellant is seeking to confirm his belief that he is Princess Margaret's illegitimate son. Appeal allowed.
• Bush v Bush [2008] EWCA Civ 865
  Judgments (08/08/2008)
  Appeal by father against refusal to recognise that the English courts have no jurisdiction in contact and residence case where children habitually resident in Spain. Appeal allowed.
• C (A Child) [2008] EWCA Civ 502
  Judgments (27/05/2008)
  Application by father for permission to appeal, with appeal to follow, directions in contact proceedings bringing forward a fact finding hearing. Appeal allowed.
• C (A Minor) v Secretary of State for Justice [2008] EWHC 171 (Admin)
  Judgments (18/02/2008)
  Judicial review application challenging amended rules governing the use of force in secure training centres. The claimant proved two grounds of his claim but the Rules were not quashed.
• C (Children) [2008] EWCA Civ 1331
  Judgments (14/12/2008)
  Appeal against findings of fact in care proceedings on the grounds that the trial judge had allowed his findings to be tainted by evidence from allegations that had been dropped by the local authority. Appeal dismissed.
• C v C (CC & Ors Intervening) [2008] EWHC 517 (Fam)
  Judgments (12/05/2008)
  Application by children to be joined as parties in Hague Convention proceedings. Application allowed.
• Collins (R on the application of) v Knowlsey Metropolitan Borough Council 2008 EWHC 2551 (Admin)
  Judgments (05/03/2009)
  Application for judicial review of decision that the claimant was not a “looked after child” under s22(1) of the Children Act 1989 and that her carer was due fostering allowances. Application successful.
• Cook v Plummer [2008] EWCA Civ 484
  Judgments (18/05/2008)
  Application for permission to appeal, and to amends grounds of appeal, in proceedings under Schedule 1 of the Children Act involving children not resident in England, that had been stayed by way of forum non conveniens. Applications refused.
• D & D [2008] EWHC 403 (Fam)
  Judgments (14/03/2008)
  Application by parents seeking a declaration, under the inherent jurisdiction of the court, that the adoptions of two children under the Hindu Adoption and Maintenance Act 1956, should be recognised in the UK. Applications allowed and declaration made.
• D & D v SMH [2008] EWHC 559 (Fam)
  Judgments (11/04/2008)
  Appeal by a firm of solicitors against a wasted costs order arising from ancillary relief proceedings. Appeal allowed and order set aside.
• D (Children) [2008] EWHC 1306 (Fam)
  Judgments (19/06/2008)
  Judgment arising from care proceedings given in public by Munby J specifically to praise the professionals involved in the proceedings.
• D v Buckinghamshire County Council [2008] EWCA Civ 1372
  Judgments (04/01/2009)
  Appeal against findings that the claimant posed a risk to young children and an order authorising disclosure to other bodies or agencies. The second part of the appeal was allowed on limited grounds.
• Dacre v City of Westminster Magistrates Court [2008] EWHC 1667 (Admin)
  Judgments (01/08/2008)
  Application for judicial review by newspaper to stay a private prosecution by an interested party arising from publication of material that should have been prevented under s97 and 103 of the Children Act. Application allowed.
• Dixon v Marchant [2008] EWCA Civ 11
  Judgments (03/02/2008)
  Appeal against decision that the re-marriage of a wife shortly after she had been awarded a lump sum did not constitute a Barder event. Appeal dismissed.
• ECC v M & Ors [2008] EWHC 332 (Fam)
  Judgments (01/08/2008)
  Judgment in care proceedings relating to possible adoption of a child by kinship carers in the USA.
• El Farargy v El Farargy & Ors [2008] EWCA Civ 884
  Judgments (08/08/2008)
  Application for permission to appeal findings in complex ancillary relief proceedings. Application refused.
• Ella v Ella [2008] EWHC 3258 (Ch)
  Judgments (26/06/2009)
  Application to annul a bankruptcy order so as to free up progress of ancillary relief proceedings. Application successful.
• EM (Lebanon) v Secretary of State for Home Department [2008] UKHL 64
  Judgments (27/10/2008)
  Appeal by mother against the Home Office's decision to remove her and her son back to the Lebanon on the grounds that removal would infringe her article 8 and 14 rights. Appeal allowed.
• F (A Child) [2008] EWCA Civ 218
  Judgments (23/03/2008)
  Appeal by mother against a finding that she had suffocated two of her children. Appeal allowed.
• F (A Child) [2008] EWCA Civ 439
  Judgments (05/05/2008)
  Appeal against decision that a local authority can place a child for adoption where the biological father was seeking leave to apply to revoke the placement order. Appeal dismissed by majority.
• F (A Child) [2008] EWCA Civ 938
  Judgments (22/08/2008)
  Appeal by father against costs order arising from contested contact proceedings. Appeal allowed and costs reduced.
• F (Children) [2008] EWCA Civ 842
  Judgments (01/08/2008)
  Appeal by father against decision to discharge a previous order for return of his children to Mozambique. Appeal allowed.
• F v M & Anor [2008] EWHC 1525 (Fam)
  Judgments (11/07/2008)
  Application by Polish father for summary return of child to Poland under the Hague Convention. Application granted but suspended.
• F v M [2008] EWHC 1467 (Fam)
  Judgments (11/07/2008)
  Application by father for summary return of his two children to France under the Child Abduction and Custody Act 1985. Application granted.
• F-H (Children) [2008] EWCA Civ 1249
  Judgments (21/11/2008)
  Appeal by local authority against decision of trial judge to dispense with a full fact finding in the course of care proceedings. Appeal allowed.
• Fowler v Barron [2008] EWCA Civ 377
  Judgments (27/04/2008)
  Appeal against finding that the appellant had no beneficial interest in a property in which she cohabited with her unmarried partner for seventeen years. Appeal allowed.
• G (A Child) [2008] EWCA Civ 105
  Judgments (20/03/2008)
  Appeal by mother against decision to give parental responsibility of her child to a couple living in the US with a view to them adopting the child. Appeal adjourned for further hearing.
• G (A Child) [2008] EWCA Civ 86
  Judgments (02/03/2008)
  Application by mother for permission to appeal, with appeal to follow, interim care order placed on her son. Application allowed but appeal dismissed.
• G (A Child) Number 2 [2008] EWCA Civ 105_2
  Judgments (24/03/2008)
  Judgment in adjourned appeal hearing concerning the adoption of a child by a couple living in the US. Appeal by mother opposing the adoption dismissed.
• G (R on the application of) v Nottingham City Council [2008] EWHC 152 (Admin)
  Judgments (07/02/2008)
  Judgment giving reasons for making an order requiring a local authority to reunite a baby with his mother after he was removed at birth even tough there was no care order or emergency protection order in place.
• GJ NJ and BJ (Incapacitated Adults) [2008] EWHC 1097 (Fam)
  Judgments (04/01/2009)
  Judgment concerning the review structure to be implemented involving an incapacitated adult who had been deprived of his liberty by court order.
• H (A Child) [2008] EWCA Civ 1245
  Judgments (21/11/2008)
  Application by mother for permission to appeal, with appeal to follow, a care order. Application and appeal allowed with a supervision order made in place.
• H (A Child) [2008] EWCA Civ 503
  Judgments (01/06/2008)
  Appeal by adoptive parents against refusal to allow leave to apply for a residence order for the brother of their adopted son. Appeal allowed.
• H (A Child) [2008] EWCA Civ 539
  Judgments (25/05/2008)
  Appeal by father to overturn a finding by a Recorder, in the course of contact proceedings, that he had attempted to poison his wife. He had been acquitted of this charge in the criminal courts. Appeal allowed and finding sent for retrial.
• H (A Child) [2008] EWCA Civ 980
  Judgments (01/09/2008)
  Appeal by mother against decision to allow father unsupervised contact with their daughter rather than adjourn for consideration at a later date. Appeal dismissed.
• H v H [2008] EWHC 935 (Fam)
  Judgments (06/05/2008)
  Judgment in ancillary relief proceedings involving valuation of a privately owned restaurant business and where both parties were seeking a clean break. The wife was awarded 67% of the "non-business wealth" plus periodical payments.
• Hall v Hall [2008] EWCA Civ 350
  Judgments (21/04/2008)
  Application for permission to appeal a second time in ancillary relief proceedings. Application allowed.
• Hallam-Peel & Co v London Borough of Southwark [2008] EWCA Civ 1120
  Judgments (24/10/2008)
  Second appeal against wasted costs orders by firm of solicitors arising in part from proceedings involving a transfer of tenancy under the Family Law Act 1996.
• Hameed v Qayyum [2008] EWHC 2274 (Ch)
  Judgments (02/04/2009)
  Application by a third party for an order for sale to enforce a charging order against a husband where the wife claimed that she had a 100% beneficial interest in the property. Application allowed.
• Hashem v Shayif & Anor [2008] EWHC 2380 (Fam)
  Judgments (17/11/2008)
  Judgment in complex ancillary relief proceedings arising from a bigamous marriage where beneficial ownership of properties owned by the husband’s company and his shares in that company were disputed.
• Humphries & Ors v Secretary of State for Work & Pensions [2008] EWHC 1585 (Admin)
  Judgments (17/07/2008)
  Application for judicial review arising seeking reconsideration of compensation offered following maladministration by the Child Support Agency. The judge found that the compensation should have been reconsidered but that the claimant should have first applied to the Independent Case Examiner rather than seek judicial review and the Secretary of State had applied his policy correctly
• I v I [2008] EWHC 1167 (Fam)
  Judgments (04/07/2008)
  Application by wife to set aside an ancillary relief order on the basis on non-disclosure by the husband. Application refused.
• J (A Child) [2008] EWCA Civ 212
  Judgments (31/03/2008)
  Application for permission to appeal, with appeal to follow, directions that the applicant should not be represented at a fact finding hearing involving allegations of rape in proceedings consolidated with care proceedings where the applicant was a possible perpetrator of physical abuse. Appeal allowed.
• JFM v Neath Port Talbot Borough Council [2008] EWCA Civ 3
  Judgments (27/01/2008)
  Judgment giving reasons for dismissing an appeal against findings of fact in care proceedings. Appeal dismissed.
• Judge v Judge [2008] EWCA Civ 1458
  Judgments (21/12/2008)
  Appeal against refusal to set aside ancillary relief orders made in 2001 on the grounds of mistake. Appeal dismissed.
• K (A Child) [2008] EWCA Civ 526
  Judgments (02/06/2008)
  Application by father for permission to appeal a second time, with appeal to follow, dismissal of an application for a shared residence order. Application and appeal allowed.
• K v K & Ors [2008] EWHC 1561 (Fam)
  Judgments (04/09/2008)
  Judgment concerning a rehearing of previous findings of fact relating to care proceedings in the light of new evidence from the police.
• K v K 2008 EWHC 2553 (Fam)
  Judgments (07/11/2008)
  Judgment arising from an application by the husband for a stay in ancillary relief proceedings in favour of proceedings in the US. Application refused.
• KC & Anor v City of Westminster Social & Community Services Department & Anor [2008] EWCA Civ 198
  Judgments (25/03/2008)
  Appeal against finding that a marriage made by telephone between an adult lacking capacity and a woman resident in Bangladesh was invalid under English law. Appeal dismissed.
• Kerai v Patel [2008] EWCA Civ 600
  Judgments (13/06/2008)
  Appeal relating to duration of sentences where a non-molestation order has a power of arrest attached and an individual has been remanded in custody under the Family Law Act pending final disposal of the matter. Appeal allowed.
• KK (A Child) [2008] EWCA Civ 103
  Judgments (10/03/2008)
  Appeal by local authority against direction that there should be a fact-finding hearing in a case where the local authority had already undertaken a court-directed investigation into whether an individual was a child or not. Appeal dismissed.
• KSO v MJO & Ors [2008] EWHC 3031 (Fam)
  Judgments (22/12/2008)
  Judgment arising from ancillary relief proceedings concerning costs.
• L (A Child) [2008] EWCA Civ 1388
  Judgments (05/01/2009)
  Appeal by mother against order to inform her son of the true identity of his birth father before the start of the new school year. Appeal allowed.
• L v Human Fertilisation and Embryology Authority & Another [2008] EWHC 2149 (Fam)
  Judgments (16/10/2008)
  Judgment arising from application for declaratory relief concerning the storage and export of the sperm of the applicant's dead husband for the purposes of IVF.
• Lancashire County Council v D & E [2008] EWHC 832 (Fam)
  Judgments (05/05/2008)
  Judgment in fact-finding hearing relating to possible non-accidental injuries. The judge found that the parents were not responsible for the injuries.
• Laskar v Laskar [2008] EWCA Civ 347
  Judgments (18/05/2008)
  Appeal against finding that the appellant, though named as joint tenant of a property, had no joint or beneficial interest in the sale proceeds. Appeal allowed in part.
• Leeds City Council v YX & ZX (Assessment of Sexual Abuse) 2008 EWHC 802 (Fam)
  Judgments (27/04/2008)
  Judgment arising from fact finding hearing involving allegations of sexual abuse.
• Liverpool City Council (R on the application of) v London Borough of Hillingdon [2008] EWHC 1702 (Admin)
  Judgments (01/08/2008)
  Application, by a local authority, for permission to apply for judicial review of another local authority’s decision not to take responsibility for an asylum seeker whose age was in dispute. Permission granted but challenge rejected.
• LL & CL v London Borough of Merton [2008] EWHC 1628 (Admin)
  Judgments (17/07/2008)
  Application for judicial review by mother of local authority decisions concerning the care and education of one of her children. Application allowed but judicial review refused.
• London Borough of Ealing v KS & Ors [2008] EWHC 636 (Fam)
  Judgments (21/04/2008)
  Applications by local authority seeking declarations that a vulnerable adult lacked capacity, among other things, to marry; consent to medical treatment; have sexual relations or decide her place of residence.
• London Borough of Haringey v MA & Ors [2008] EWHC 1722 (Fam)
  Judgments (01/08/2008)
  Application by local authority for declarations that its proposed plan for placing a child with a paternal uncle and aunt in the US is lawful.
• London Borough of Hillingdon & Ors R (on the application of) v The Lord Chancellor & Ors [2008] EWHC 2683 (Admin)
  Judgments (07/11/2008)
  Judicial review by four local authorities challenging the legality of the increase in court fees for child care and placement order applications. Application refused.
• M & N (Children) [2008] EWHC 2281 (Fam)
  Judgments (12/10/2008)
  Judgment concerning two cases where immigration issues impacting on concurrent private law children proceedings had been mishandled.
• M (A Child) [2008] EWCA Civ 1543
  Judgments (25/01/2009)
  Appeal against decision to publish a judgment arising in ancillary relief proceedings. Appeal dismissed.
• M (Children) [2008] EWCA Civ 1261
  Judgments (30/11/2008)
  Appeal by mother against findings of fact arising in care proceedings. Appeal dismissed.
• M (Children) [2008] EWCA Civ 66
  Judgments (18/02/2008)
  Application for permission to appeal, with appeal to follow, by mother seeking to challenge an order specifying contact arrangements under a shared residence order. Application and appeal allowed.
• M (R, on the application of) V Birmingham City Council [2008] EWHC 1863 (Admin)
  Judgments (25/01/2009)
  Judicial review application concerning payment of residence order allowances under the Children Act. The council's policy was found to be lawful but misapplied.
• M v H [2008] EWHC 324 (Fam)
  Judgments (10/03/2008)
  Judgment in proceedings concerning where the child should attend school, under a shared residence order, where one of the parents lives in Germany. It was ordered that the child should attend school in England.
• M v M & Ors [2008] EWHC 2049 (Fam)
  Judgments (04/09/2008)
  Judgment in Hague Convention proceedings where a father has returned with his children to England after a prior Hague order requiring that they should be returned to Poland. A further order for return was made.
• M v M [2007] EWHC 3315 (Fam)
  Judgments (04/07/2008)
  Judgment in divorce proceedings concerning jurisdiction where a couple had moved to Spain. The judge found that the English courts had jurisdiction.
• MacLeod v MacLeod [2008] UKPC 64
  Judgments (21/12/2008)
  Appeal by husband from the Manx courts to the Privy Council against a judge’s decision to exercise his discretion to alter a post nuptial agreement. Appeal allowed.
• McCartney v McCartney [2008] EWHC 401 (Fam)
  Judgments (18/03/2008)
  Judgment in ancillary relief proceedings involving a short marriage, one child and significant wealth brought into the marriage by the husband.
• M-D v D [2008] EWHC 1929 (Fam)
  Judgments (08/01/2009)
  Appeal by wife against orders in ancillary relief proceedings. Appeal allowed.
• Medway v G and Ors [2008] EWHC 1681 (Fam)
  Judgments (22/07/2008)
  Application by Times Newspapers for clarification of reporting restrictions in a case involving care proceedings and child abduction. An order allowing a limited and specific lifting of restrictions under the Administration of Justice Act 1960 was agreed.
• Milton v Milton [2008] EWCA Civ 926
  Judgments (08/08/2008)
  Application by husband for permission to appeal, with appeal to follow, order in ancillary relief proceedings allowing wife three years to pay a lump sum. Appeal allowed.
• Moore v Moore [2008] EWCA Civ 1599
  Judgments (16/02/2009)
  Application for permission to appeal in ancillary relief proceedings. Application adjourned for hearing before full bench.
• Morris v Morris & Ors [2008] EWCA Civ 257
  Resources (07/04/2008)
  Appeal by husband, as executor of his mother's will, against orders that his ex-wife had a 25% beneficial interest in his mother's farm. Appeal allowed.
• N (A Child) [2008] EWHC 2042 (Fam)
  Judgments (31/08/2008)
  Judgment concerning rights of audience for McKenzie Friends in private children law proceedings.
• NG v KR (Pre-nuptial contract) [2008] EWHC 1532 (Fam)
  Judgments (24/10/2008)
  Judgment in big money case involving consideration of a pre-nuptial agreement valid under German Law
• Nicholls v Nicholls [2008] EWCA Civ 121
  Judgments (02/03/2008)
  Appeal by mother against imposition of three 12 month sentences, to run concurrently, for breaches of a non-molestation order. Appeal dismissed.
• O (A Child) [2008] EWCA Civ 820
  Judgments (17/07/2008)
  Application by mother for permission to appeal, with appeal to follow, a costs order arising from private Children Act proceedings. Application refused.
• P & Others [2008] UKHL 38
  Judgments (18/06/2008)
  Appeal from the Northern Ireland Court of Appeal by unmarried seeking to adopt a child. Appeal allowed by 4 to 1 majority.
• P (A Child) [2008] EWCA Civ 1607
  Judgments (01/03/2009)
  Application, by mother, for permission to appeal refusal for leave to apply to revoke a placement order on the grounds of a change in circumstances where the child suffered severe medical problems. Application refused.
• P (A Child) [2008] EWCA Civ 499
  Judgments (02/06/2008)
  Application by mother for permission to appeal a direction that she and her daughter should provide saliva for a DNA test to ascertain the daughter's paternity. Application refused.
• P (A Child) [2008] EWCA Civ 535
  Judgments (27/05/2008)
  Appeal by mother against placement orders on two children. Appeal dismissed.
• P (Children) [2008] EWCA Civ 1431
  Judgments (22/12/2008)
  Appeal by father against orders concerning indirect contact and disclosure of his child’s school. Appeal allowed.
• P v Nottingham City Council & the Official Solicitor [2008] EWCA Civ 462
  Judgments (10/05/2008)
  Appeal against care and placement orders on grounds that the appellant's human rights had been breached for not having had a fair trial and that the Official Solicitor should not have been instructed to act on her behalf. Appeal dismissed.
• Papanicola v Fagan [2008] EWHC 3348 (Ch)
  Judgments (30/01/2009)
  Applications by trustee in bankruptcy seeking to set aside a declaration of trust made in favour of the bankrupt’s wife on the grounds that it was as a transaction at an undervalue and that it was a transaction seeking to put the assets beyond the reach of creditors. Application failed.
• Paulin v Paulin [2008] EWCA Civ 900
  Judgments (08/08/2008)
  Application by husband for permission to appeal decision to annul a bankruptcy order in the course of ancillary relief proceedings. Application granted.
• Pierce v Doncaster MBC [2008] EWCA Civ 1416
  Judgments (30/12/2008)
  Appeal by local authority against findings in a claim for negligence arising from a case where the claimant argued that he should not have been left in the care of his family. Appeal allowed on limited grounds.
• Q v Q & Ors [2008] EWHC 1874 (Fam)
  Judgments (04/09/2008)
  Judgment arising from ancillary relief proceedings concerning a dispute between the husband, his brother and their father over the ownership of the former matrimonial home. The judge found for the husband.
• R (A Child) [2008] EWCA Civ 1573
  Judgments (30/01/2009)
  Appeal against findings of fact in care proceedings. Appeal allowed.
• R (A Child) [2008] EWCA Civ 1619
  Judgments (13/03/2009)
  Appeal against findings in preliminary fact finding hearing arising from residence applications involving allegations of domestic violence. The appeal was on the ground that the evidence was only partially heard. Appeal allowed.
• R (A Child) v Devon County Council & Ors [2008] EWCA Civ 817
  Judgments (17/07/2008)
  Appeal against a finding of fact in care proceedings arising from allegations of sexual abuse. Appeal dismissed.
• R (Davies, on the application of) v Child Support Agency [2008] EWHC 334 (Admin)
  Judgments (27/06/2008)
  Applications for judicial review arising from appeals against the CSA. A declaration against the Secretary of State was granted in one of the applications.
• R (G) v Nottingham City Council [2008] EWHC 400 (Admin)
  Judgments (10/03/2008)
  Reasons given for orders in judicial review proceedings brought by the applicant in the light of the removal of her baby at birth. Damages were awarded for infringement of the applicant's article 8 rights and leave to apply to extend claim to common law damages.
• R (On the application of Alula) [2008] EWHC 2097 (Admin)
  Judgments (04/09/2008)
  Application for judicial review over refusal to include post 21 training in a Pathway Plan for a relevant child. Application refused.
• R (on the application of Cowling) v Child Support Commissioners Office [2008] EWHC 2306 (Admin)
  Judgments (12/10/2008)
  Application for permission to judicial review a decision of Child Support Commissioner not to set aside refusal to allow leave to appeal previous applications to appeal decisions of the Child Support Appeal Tribunal. Application refused.
• R (on the application of Davies) v Child Support Agency [2008] EWCA Civ 1031
  Judgments (05/10/2008)
  Application for permission to appeal refusal of judicial review claim concerning failure of CSA to obey a court order and disclose information to an absent parent challenging his maintenance payments. Application refused.
• R (on the application of G) v London Borough of Southwark [2008] EWCA Civ 877
  Judgments (08/08/2008)
  Appeal against refusal to allow move for judicial review against a decision not to accommodate the claimant under the Children Act. Move to review allowed but application dismissed by majority of the Court of Appeal.
• R (On the application of Jason Thomas Hiscox) v Secretary of State for Work & Pensions [2008] EWHC 1986 (Admin)
  Judgments (04/09/2008)
  Application for judicial review against calculation of child support liability order. Application dismissed.
• R (On the application of KR) v Secretary of State for Work & Pensions & Anor [2008] EWHC 1881 (Admin)
  Judgments (04/09/2008)
  Application by father for judicial review of decision to cease providing community care grants for the costs of fulfilling the terms of residence order. Application allowed.
• R (On The Application of M) (Fc) V London Borough of Hammersmith and Fulham [2008] UKHL 14
  Judgments (02/03/2008)
  House of Lords decision in an appeal from a judicial review in the Court of Appeal that found that the applicant, M, was not a 'former relevant child' under s23c of the Children Act 1989 and the Leaving Care Regulations and so could not be accommodated. Appeal dismissed.
• R (on the application of M) v London Borough of Barnet [2008] EWHC 2354 (Admin)
  Judgments (16/10/2008)
  Application for permission for judicial review of local authority’s decision to house a child in need under s17 of the Children Act instead of s20. Application refused.
• R (on the application of MG) v London Borough of Tower Hamlets & Others [2008] EWHC 1577 (Admin)
  Judgments (12/10/2008)
  Judicial review application concerning a local authority's duties as to whether to comply with a direction from SENDIST which the local authority believes is adverse to the welfare of the child. It was found that the local authority should comply with the direction.
• R (on the application of the CSA) v Learad & Buddles [2008] EWHC 2103 (Admin)
  Judgments (21/09/2008)
  Appeals by way of case stated concerning powers of the Magistrates' Court to make liability orders under s.33 of the Child Support Act 1991. Appeals allowed.
• R (On the application of) Colin Mantle [2008] EWHC 2831 (Admin)
  Judgments (28/11/2008)
  Application for permission for judicial review of assessment by the CSA and related liability order. Application refused.
• R (On the application of) M & A v London Borough of Lambeth & Ors [2008] EWHC 1364 (Admin)
  Judgments (11/07/2008)
  Judgment in judicial review proceedings arising from a dispute over the ages of two immigrants and the consequent need for local authority assistance under s20, Part III of the Children Act 1989.
• RAB v MIB [2008] CSIH 52
  Judgments (21/09/2008)
  Appeal, in Scottish courts as part of defended divorce proceedings there, against a finding that the Scottish courts were a "forum non conveniens" for the purposes of deciding residence of a child where the mother had wrongfully removed her from Scotland and relocated to England. Appeal allowed.
• Radmacher v Granatino [2008] EWCA Civ 1304
  Judgments (28/11/2008)
  Application by wife for permission to appeal orders in ancillary relief proceedings involving a German wife, French husband and a pre-nuptial agreement. Application allowed.
• RB v FB & MA [2008] EWHC 1436 (Fam)
  Judgments (22/08/2008)
  Judgment arising from wardship of a child who held dual Pakistani and British passports and sought the assistance of the British High Commission when faced with the prospect of a forced marriage.
• Re A (A Child: Joint Residence/Parental Responsibility) [2008] EWCA Civ 867
  Judgments (01/08/2008)
  Appeal by mother against joint residence and parental responsibility orders in protracted contact case. Appeal dismissed.
• Re Barcham (In Bankruptcy) [2008] EWHC 1505 (Ch)
  Judgments (11/07/2008)
  Appeal by trustee in bankruptcy against order in bankruptcy proceedings refusing compensation for occupation rent from the proceeds of sale of the matrimonial home. Appeal allowed.
• Re K [2008] EWHC 540 (Fam)
  Judgments (25/04/2008)
  Applications by local authority to, among other things, discharge an order requiring that the mother of an infant should take part in a residential assessment and requesting an order preventing contact between the mother and her infant son. Applications allowed.
• Re T (Placement Order) [2008] EWCA Civ 542
  Judgments (31/03/2008)
  Application for permission to appeal, with appeal to follow, care and placement orders. Application allowed and placement order set aside.
• Re X (Children) [2008] EWHC 242 (Fam)
  Judgments (05/05/2008)
  Applications to disclose evidence given in family proceedings for the purposes of related criminal and CICA proceedings. Applications allowed.
• R-H v R-H [2008] EWHC 347 (Fam)
  Judgments (19/06/2008)
  Judgment in ancillary relief proceedings relating to costs.
• RK and AK v the United Kingdom (38000/05)
  Judgments (06/10/2008)
  ECHR judgment in a claim by a couple whose child had been taken into care, who was later diagnosed with brittle bone disease, for breaches of Article 8 and 13 rights. The court found there was a breach of the couple's Article 13 rights.
• Rothwell v Rothwell [2008] EWCA Civ 1600
  Judgments (16/02/2009)
  Judgment concerning costs after a failure of a mediated agreement in ancillary relief proceedings. No order for costs was made.
• S (A Child) [2008] EWCA Civ 1078
  Judgments (16/10/2008)
  Application for permission to appeal refusal to allow a further residential assessment for a young parent and her child. Application refused.
• S (A Child) [2008] EWCA Civ 1140
  Judgments (24/10/2008)
  Application by parents for permission to appeal, with appeal to follow, dismissal of application for discharge of a care order. Application and appeal allowed.
• S (A Child) [2008] EWCA Civ 1333
  Judgments (14/12/2008)
  Appeal against refusal to allow a mother’s application for leave to revoke a placement order. Appeal allowed.
• S (A Child) [2008] EWCA Civ 365
  Judgments (27/04/2008)
  Appeal against case management decision in public law proceedings that had the effect of allowing unproven allegations of sexual misconduct to be presented to an expert in the trial bundle. Appeal allowed.
• S (A Child) [2008] EWCA Civ 951
  Judgments (22/08/2008)
  Application by Commissioner for Police for permission to appeal, with appeal to follow, decision to allow disclosure of phone numbers in wardship proceedings and related possible criminal proceedings. Application and appeal allowed.
• S (by the Official Solicitor) V Rochdale MBC & Anor [2008] EWHC 3283 (Fam)
  Judgments (19/01/2009)
  Judgment arising from proceedings brought by the Official Solicitor alleging serious breaches of duty and the Human Rights Act by the local authority and the Independent Reporting Officer in their treatment of a vulnerable child.
• S v D [2008] EWHC 1798 (Fam)
  Judgments (10/08/2011)
  Application under the Child Abduction and Custody Act 1985 by a father for the return to Argentina of his two children, who were residing in England with their mother. Children expressed desire to remain in England. Application refused.
• S v S [2008] EWHC 1925 (Admin)
  Judgments (17/11/2008)
  Judgment in ancillary relief proceedings where the husband had been found guilty of tax evasion and the issue arose of whether the wife’s claim for ancillary relief should be settled before the confiscation order under the Proceeds of Crime Act has been decided.
• S v S [2008] EWHC 2288 (Fam)
  Judgments (24/10/2008)
  Judgment in wardship proceedings concerning a child currently in detention as the child of a failed asylum seeker. Proceedings discharged.
• S v S [2008] EWHC 519 (Fam)
  Judgments (31/03/2008)
  Appeal by husband against ancillary relief orders. Appeal dismissed.
• Sandwell MBC v GC & Ors [2008] EWHC 2555 (Fam)
  Judgments (07/11/2008)
  Application by a local authority for a declaration that parents had given lawful consent to placement for adoption of their child. Application granted and declarations made.
• Seiden v Fularon [2008] EWCA Civ 1548
  Judgments (30/01/2009)
  Application for permission to appeal grant of decree nisi of nullity. Application dismissed.
• S-G (Children) [2008] EWCA Civ 653
  Judgments (29/06/2008)
  Application for permission to appeal, with appeal to follow, by mother against orders in residence proceedings that gave residence to the father. Application allowed but appeal dismissed.
• S-H (A Child) [2008] EWCA Civ 493
  Judgments (27/05/2008)
  Appeal against a refusal to allow leave to apply to revoke a placement order. Appeal allowed.
• S-R (A Minor) [2008] EWHC 1932 (Fam)
  Judgments (08/08/2008)
  Application by father for enforcement of a contact order made by consent in the Spanish courts. The judge made an order requesting transfer of proceedings to the English courts.
• SR v CR (ancillary relief: family trusts) [2008] EWHC 2329 (Fam)
  Judgments (22/12/2009)
  Matrimonial finance case in which Singer J considers the extent to which the Husband’s interests under trusts should properly be taken into account in assessing the parties’ assets.
• Staden v Jones [2008] EWCA Civ 936
  Judgments (20/08/2008)
  Appeal against finding that a daughter could not enforce an agreement made by her divorced parents concerning an interest in the former matrimonial home. Appeal allowed.
• SW v RC [2008] EWHC 73 (Fam)
  Judgments (11/02/2008)
  Appeals by father in Schedule 1 Children Act claim concerning an application to vary the payments and a costs order. Appeals dismissed.
• SW v SW & Anor [2008] EWHC 1890 (Fam)
  Judgments (08/08/2008)
  Appeal and application for rehearing by father against findings of judge in protracted contact litigation. Appeal dismissed.
• T (A Child) [2008] EWCA Civ 85
  Judgments (25/02/2008)
  Application to appeal orders requiring that the applicant inform her son that her gender has been reassigned. Applications refused.
• T (A Child) v Wakefield Metropolitan District Council [2008] EWCA Civ 199
  Judgments (31/03/2008)
  Appeal by father against duration of supervision order in public law proceedings. Appeal allowed.
• T v B Revenue & Customs Prosecutions Office [2008] EWHC 3000 (Fam)
  Judgments (30/12/2008)
  Application by mother to receive information relating to proceedings under POCA to assist in her Schedule 1 Children Act claim. Application refused.
• T v T [2008] EWHC 1169 (Fam)
  Judgments (02/06/2008)
  Application by father, an Australian national resident there, for summary return of his daughter under the Hague Convention. Application refused.
• TCD v Harrow & Ors [2008] EWHC 3048 (QB)
  Judgments (04/01/2009)
  Judgment concerning limitation issues in a claim for damages against local authorities who had failed to prevent the claimant from living in the home of a man convicted of sexual offences. The judge refused to exercise his discretion to disapply the provision of the Limitation Act 1980.
• Topping v Topping [2008] EWCA Civ 1142
  Judgments (24/10/2008)
  Appeal against committal order arising from non-payment of a lump sum due as a result of ancillary relief proceedings. Appeal dismissed.
• Turner v Turner [2008] EWCA Civ 280
  Judgments (07/04/2008)
  Application for permission to appeal by husband an order from a circuit judge which the appellant claimed is frustrating his statutory right to appeal. Application refused.
• V (Children) [2008] EWCA Civ 635
  Judgments (15/06/2008)
  Application for permission to appeal, with appeal to follow, by mother against committal order arising from breach of contact with the children’s paternal grandparents and the underlying contact order. Application and appeal allowed.
• VB v JP [2008] EWHC 112 (Fam)
  Judgments (11/02/2008)
  Application for an increase in periodical payments on the grounds that the wife and the childrens' needs had increased since the original order and that she was due compensation following Miller & McFarlane.
• W & S (Children) [2008] EWCA Civ 1207
  Judgments (21/11/2008)
  Applications by mother for permission to appeal, out of time, orders arising from financial provision for her daughter. Applications refused.
• W (A Child) [2008] EWCA Civ 1181
  Judgments (07/11/2008)
  Application by father for permission to appeal refusal by judge to list a full fact finding hearing in the course of protracted contact litigation. Application refused.
• W (Children) [2008] EWCA Civ 538
  Judgments (22/05/2008)
  Application for permission to appeal, with appeal to follow, by mother in leave to remove proceedings. Application and appeal allowed.
• W (Children) [2008] EWCA Civ 558
  Judgments (27/05/2008)
  Appeal by grandfather against findings of fact in care proceedings concerning allegations of sexual abuse. Appeal dismissed.
• W v H [2008] EWHC 2038 (Fam)
  Judgments (29/09/2008)
  Judgment setting out directions in big money ancillary relief proceedings where the husband was seeking Notice to Show Cause for a hearing in a situation where he claimed that an agreement had already been concluded.
• Webster v Webster [2008] EWHC 31 (Ch)
  Judgments (25/01/2009)
  Application by mother for declaration of beneficial interests in a house and some shares on the basis of survivorship and under the Inheritance (Provision for Family and Dependents) Act 1975.
• White v Withers & Anor [2008] EWHC 2821 (QB)
  Judgments (23/11/2008)
  Application by defendants to strike out a claim for damages by husband arising from alleged misuse of documents and information by the defendants during divorce proceedings. The claim was struck out as there was no cause for action.
• Whitehouse-Piper v Stokes [2008] EWCA Civ 1049
  Judgments (12/10/2008)
  Appeal by wife against orders in ancillary relief proceedings where a circuit judge, of his own motion, raised a point as to jurisdiction.
• X & Y (Bundles), In Re [2008] EWHC 2058 (Fam)
  Judgments (31/08/2008)
  Judgment concerning the sanctions available to the judiciary where bundles are not supplied in accordance with the 2006 Practice Direction.
• X & Y (Foreign Surrogacy) [2008] EWHC 3030 (Fam)
  Judgments (14/12/2008)
  Judgment arising from an application for a Parental Order under the Human Fertilisation and Embryology Act 1990 involving a foreign surrogate mother.
• X Council v B & Ors [2008] EWHC 270 (Fam)
  Judgments (14/03/2008)
  Judgment, arising from a written request, concerning whether a family involved in, now terminated, care proceedings can divulge the identity of the Council involved and their own identities as the subject of the proceedings for the purposes of the publication of a magazine article. Permissions granted on both counts.
• Yeoman's Row Management & Another v Cobbe [2008] UKHL 55
  Judgments (12/10/2008)
  Appeal against decision that a property developer had a proprietary estoppel claim against the owner of a property who changed her mind about the terms of the proposed oral development agreement. The Lords found that the property developer's claim did not constitute propietary estoppel but instead was limited to quantum meriut.
• Z County Council v TS & Ors [2008] EWHC 1773 (Fam)
  Judgments (08/08/2008)
  Judgment concerning disclosure and publicity issues arising out of care proceedings.
• Zeiderman v Zeiderman [2008] EWCA Civ 760
  Judgments (11/07/2008)
  Second appeal by husband against orders in ancillary relief proceedings. Appeal allowed.