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2005 Judgments

Judgments published on Family Law Week in 2005

• A County Council, A mother, A father and XYZ [2005] EWHC 31 (Fam)
  Judgments (22/02/2005)
  Findings of fact in an alleged Munchausen by proxy case
• A Local Authority v K,D and L [2005] EWHC 144 (Fam)
  Judgments (27/03/2005)
  Fact finding hearing concerning deaths of two children
• A Local Authority v PD & Ors [2005] EWHC 1832 (Fam)
  Judgments (25/11/2005)
  Application by the Press to name a father involved in criminal proceedings, where naming him may lead to the identification of his daughter. Allowed.
• A Local Authority v W, L, W and T & R [2005] EWHC 1564 (Fam)
  Judgments (25/07/2005)
  Concerning the renewal of an injunction preventing the identification of the parents or children connected with criminal proceedings.
• A v B (FINANCIAL RELIEF: AGREEMENTS) [2005] EWHC 314 (Fam)
  Judgments (09/09/2005)
  Husbands appeal against an ancillary relief order.
• B (A minor) [2005] EWHC 1473
  Judgments (22/07/2005)
  Case concerning residence of a child where the parents are unmarried and the mother, who is Jamaican, is being deported.
• B (Children) [2005] EWCA Civ 1380
  Judgments (18/11/2005)
  Appeal by a father against the striking out of an originating summons under the 1980 Hague Convention. Appeal dismissed.
• B (Children) [2005] EWCA Civ 643
  Judgments (30/05/2005)
  Appeal in contact case where mother seeking to remove children to Netherlands while husband in Dubai.
• B (Children) [2005] EWCA Civ 779
  Judgments (01/07/2005)
  Appeal against a costs order for the period when the appellant was not publicly funded. Appeal dismissed.
• B v B [2005] EWCA Civ 237
  Judgments (27/03/2005)
  Appeal to lift stay on civil proceedings for damages arising from alleged sexual abuse
• Barracks v Barracks & Simmonds [2005] EWHC 3077 (Ch)
  Judgments (20/01/2006)
  Proceedings relating to whether a property was held by two people as tenants in common or as a joint tenancy.
• BBC v Rochdale Metropolitan Borough Council , X and Y [2005] EWHC 2862 (Fam)
  Judgments (16/12/2005)
  A case relating to whether continuing protection should be afforded to two social workers whose identities were not revealed in the open court judgment that concluded the original proceedings.
• Birmingham City Council v H, H & S [2005] EWHC 2885 (Fam)
  Judgments (27/03/2006)
  Judgment of directions hearing in care proceedings concerning S.
• Burke, R (on the application of) v General Medical Council & Ors [2005] EWCA Civ 1003
  Judgments (29/07/2005)
  GMC appealing against declarations made in proceedings for judicial review. The appeal raised the circumstances in which artificial nutrition and hydration can be withdrawn from a patient. Appeal allowed and declarations set aside.
• C (A Child) [2005] EWCA Civ 1330
  Judgments (16/11/2005)
  Appeal by father relating to contact. Appeal dismissed.
• C (A Child) [2005] EWCA Civ 300
  Judgments (08/04/2005)
  Father's application to appeal against previous refusal of a defined contact order. Permission to appeal granted.
• C v B [2005] EWHC 2988 (Fam)
  Judgments (03/01/2006)
  Proceedings brought under the Hague Convention for a return of 2 children to Australia.
• C v C [2005] EWHC 2741 (Fam)
  Judgments (10/07/2006)
  This is a judgment concerning the correct approach to freezing orders in the family courts.
• C v C [2005] EWHC 2935 (Fam)
  Judgments (16/12/2005)
  A child care case involving a discussion of the need for a section 37 order so that children could have a psychiatric assessment.
• Champken v Champken [2005] EWCA Civ 320
  Judgments (19/04/2005)
  Appeal against a committal order for contempt in a domestic violence case - appeals allowed
• Charman v Charman [2005] EWCA Civ 1606
  Judgments (22/12/2005)
  Appeal against two ancillary relief orders: 1) an order for the issue of a letter of request to the authorities of a foreign country to take a person's evidence; and 2) an order that a person should attend before the court at an inspection appointment and there produce documents. Appeal dismissed.
• Chorley v Chorley [2005] EWCA Civ 68
  Judgments (07/02/2005)
  
• CJ v KJ [2005] EWHC 2998 (Fam)
  Judgments (11/01/2006)
  An application under the Hague Convention for the return of a child to the United States. It was decided that the father had consented, and subsequently acquiesced, to the child remaining in England. The Judge therefore exercised his discretion by refusing to order the return of the child.
• Clarke v Harlowe [2005] EWHC 3062 (Ch)
  Judgments (11/01/2006)
  A case involving the consideration of equitable accounting in relation to events which took place prior to the date of separation.
• CPS v MN [2005] EWHC 2622 (Admin)
  Judgments (17/12/2007)
  Judgment involving ancillary relief and proceeds of crime proceedings where the Crown was seeking to enforce a confiscation order of £571,000 and the wife was seeking a financial settlement.
• Crossley v Crossley [2005] EWCA Civ 1581
  Judgments (03/01/2006)
  Appeal under the Trusts of Land and Appointment of Trustees Act 1996 against a decision that the beneficial interest in a property was held in equal shares, where the legal title to the property was registered in joint names. Appeal dismissed.
• D (A Child) [2005] EWCA Civ 1132
  Judgments (23/09/2005)
  Application for permission to appeal an interim care order. Permission granted, appeal dismissed.
• D (Children) [2005] EWCA Civ 322
  Judgments (08/04/2005)
  Application made by the father of four children for an extension of time to appeal and for permission to appeal in care proceedings. Both applications granted.
• D (Children) [2005] EWCA Civ 825
  Judgments (12/07/2005)
  Appeal by father against findings of sexual abuse and subsequent order in care and adoption proceedings
• D, Re (a child appearing by her guardian ad litem) (Respondent) [2005] UKHL 33
  Judgments (12/05/2005)
  House of Lords judgment concerning paternity of a child who had been born using donated sperm under IVF after the relationship had broken down. Considers ss27-30 of the HFEA 1990. Appeal dismissed
• Danjuma v Danjuma [2005] EWCA Civ 1134
  Judgments (27/09/2005)
  Application to appeal i) an order freezing the applicant's assets and ii) a maintenance pending suit order. Application dismissed.
• Dutt v Dutt [2005] EWCA Civ 1193
  Judgments (26/10/2005)
  Application to appeal orders made in divorce proceedings. Application refused.
• E v London Borough of X [2005] EWHC 2811 (Fam)
  Judgments (09/12/2005)
  A case involving a citizen of Ghana and whether she has been deliberately and persistently misstating her age in order to represent herself as a child entitled to various benefits, and / or protection from a London Borough as a child in need of care.
• E, Re [2005] EWHC 848 (Fam)
  Judgments (15/06/2005)
  Hague Convention proceedings where a father is seeking an order to return his daughter to Spain on the basis that the mother has wrongly retained her in England. Order granted.
• Essex County Council v X and Y and A and B [2005] EWHC 2498 (Fam)
  Judgments (10/11/2005)
  Local Authority application to the court to make orders freeing children for adoption where parents were withholding their consent. Parents' decision to withhold consent deemed unreasonable and adoption orders made.
• F & J (Children) [2005] EWCA Civ 349
  Judgments (08/04/2005)
  Application by a mother for permission to appeal against orders freeing her children for adoption. Appeal refused.
• F, Re (A Child) [2005] EWCA Civ 499
  Judgments (13/05/2005)
  Appeal concerning Re L fact finding hearings
• Farley v DWP & CSA [2005] EWCA Civ 778
  Judgments (18/07/2005)
  Appeal by way of case stated in a child support matter.
• Farley v DWP & CSA [2005] EWCA Civ 869
  Judgments (18/07/2005)
  Appeal proceedings concerning previous decision in January 2005 reviewing jurisdiction of the Court of Appeal to hear an appeal by way of case stated in a child support matter.
• Fielden & Graham v Cunliffe [2005] EWCA Civ 1508
  Judgments (08/12/2005)
  Appeal by executors against order under section 1(1)(a) of the Inheritance (Provision for Family and Dependants) Act 1975 where wife in short marriage had been awarded £800,000 from the deceased's estate. Considers the correct approach in such cases in the light of White v White. Sum reduced to £600,000.
• F-K (A Child) [2005] EWCA Civ 155
  Judgments (10/03/2005)
  Permission to appeal contact order in an intractable contact dispute
• Forder v Forder [2005] EWCA Civ 1572
  Judgments (16/12/2005)
  Application for permission to appeal, out of time, orders relating to ancillary relief. Application dismissed.
• G (A Child) [2005] EWCA 896
  Judgments (24/10/2005)
  Grandparents' application for permission to appeal an order placing their granddaughter in the care of the Local Authority, whose care plan is that the child be placed for adoption. Permission granted.
• G (Children) [2005] EWCA Civ 462
  Judgments (26/04/2005)
  Appeal relating to application for residence order arising from children born through anonymous donor insemination in lesbian relationship. Joint residence order granted.
• Gurney v Gurney [2005] EWCA Civ 170
  Judgments (04/03/2005)
  Application for permission to remove the two children of the family permanently from the jurisdiction
• GW & PW v Oldham Metropolitan Borough Council & KPW [2005] EWCA Civ 1247
  Judgments (08/11/2005)
  Hearing relating to i) the advisability of the court relying on a single expert in care proceedings, when the issue that expert has to address is of central importance to the judge's findings, and ii) the propriety of permitting parents who deny abusing their child a second opinion.
• H (A Child) [2005] EWCA Civ 1404
  Judgments (25/11/2005)
  A mother's appeal against an order for contact made between a child and the child's father. Appeal allowed.
• H (Children) [2005] EWCA Civ 319
  Judgments (08/04/2005)
  An appeal against an order refusing a father's application for the return of his children under Article 12 of the Hague Convention. Appeal dimissed.
• H (S) v H [2005] EWHC 247 (Fam)
  Judgments (10/03/2005)
  Cost appeal in ancillary relief proceedings
• Harb v His Majesty King Fahd Bin Abdul Aziz [2005] EWCA Civ 632
  Judgments (04/06/2005)
  Appeal to having an open hearing in a matrimonial case involving the sovereign of another country. Granted.
• Harb v King Fahd (DCA intervening) [2005] EWCA Civ 1324
  Judgments (11/11/2005)
  Application by former wife for financial relief despite the former husband having died before the appeal was heard. It was ruled that an application under section 27 of the Matrimonial Causes Act does not survive the death of a spouse. Application dismissed.
• Harb v King Fahd Bin Abdul Aziz [2005] EWCA Civ 633
  Judgments (31/05/2005)
  Appeal against diplomatic immunity of a sovereign in court proceedings
• Holman v Howes [2005] EWHC 2824 (Ch)
  Judgments (09/12/2005)
  A case involving the respective interests of a divorced couple in a property registered in the sole name of the defendent. Held, that the property was held by the defendent on trust for himself and the claimant in equal shares.
• Hunter v Hughes [2005] EWCA Civ 830
  Judgments (07/07/2005)
  Application by a mother for permission to appeal the conclusions reached at the end of a fact finding inquiry into allegations of domestic violence. Application refused.
• Hunter v Murrow [2005] EWCA Civ 976
  Judgments (29/07/2005)
  Appeal against the refusal to grant a return order in the case of a child who had been taken to England from New Zealand. Appeal dismissed.
• J & P v C & Suffolk County Council [2005] EWHC 1016 (Fam)
  Judgments (21/06/2005)
  Applications for contact order, adoption order and discharge of a care order. Contact and care order adjourned. Adoption order refused.
• K (Children) [2005] EWCA Civ 1226
  Judgments (31/10/2005)
  Appeal by LA against judge's refusal to make an interim care order. Appeal allowed. Parents' application for permission to cross-appeal refused.
• K (Children) [2005] EWCA Civ 1691
  Judgments (13/01/2006)
  Application for permission to appeal an order which dismissed a father's application for a residence order, ordered that there be no direct contact until further order and ordered that there be reasonable indirect contact in respect of his two daughters. Application refused.
• Kent County Council v G & Ors [2005] UKHL 68
  Judgments (25/11/2005)
  Appeal by a local authority against an interim care order directing them to provide therapeutic treatment to a mother at the Council's expense. The judgment includes a discussion of the interpretation of 38(6) of The Children Act 1989. Appeal allowed.
• KT, Re [2005] EWHC 3428 (Fam)
  Judgments (25/11/2005)
  Application by an adult for an injunction, to prevent his identification being publicised, on the grounds that intrusion of the press would jeopardise his emotional and physical safety. Injunction granted.
• Langley & Ors v Liverpool City Council & Ors [2005] EWCA 1173
  Judgments (18/10/2005)
  Proceedings concerning the lawfulness of the removal of 3 children by a Council and Chief Constable.
• Layla Uddin, Re [2005] EWCA Civ 52
  Judgments (04/03/2005)
  Application for permission to appeal to prevent a freeing order in the light of new evidence under Taylor v Lawrence principles.
• Lightfoot v Lightfoot-Brown [2005] EWCA Civ 201
  Judgments (10/03/2005)
  Appeal by husband seeking 50% share in farm registered under former wife's name
• London Borough of Brent v N & P [2005] EWHC 1676 (Fam)
  Judgments (08/08/2005)
  Does the right to confidentiality outweigh a Local Authority's duty to disclose that a foster carer is HIV positive?
• M (A Child) [2005] EWCA Civ 1696
  Judgments (09/01/2006)
  Application for permission to appeal orders relating to residence.
• M (Children) [2005] EWCA Civ 615
  Judgments (30/05/2005)
  Appeal by father against commital order in contact case
• M v B, A & S [2005] EWHC 1681 (Fam)
  Judgments (08/08/2005)
  Local Authority seeking injunction to prevent a vulnerable adult from being taken to Pakistan, possibly for an arranged marriage. Injunction granted.
• M v M (Short marriage: clean break) [2005] EWHC 528 (Fam)
  Judgments (04/06/2005)
  Order in a short marriage case involving substantial assets
• Mabon v Mabon & Ors [2005] EWCA Civ 634
  Judgments (27/05/2005)
  Appeal to allow independent representation of children under r 9.2A of the FPR 1991
• Mann v Mann [2005] EWCA Civ 1339
  Judgments (16/11/2005)
  Application by husband for permission to appeal financial provision orders. Application allowed.
• Mark v Mark [2005] UKHL 42
  Judgments (01/07/2005)
  Appeal by husband that his wife's divorce petition could not be heard in this country on the grounds that she was here illegally, hence she could not be seen to be domiciled or habitually resident in this country. Appeal dismissed.
• Marshall v Marshall [2005] EWCA Civ 641
  Judgments (30/05/2005)
  Appeal by father in contact case on gounds that original judge had not given opportunity to challenge the expert witness
• M-B & D (Children) [2005] EWCA Civ 474
  Judgments (16/05/2005)
  Application for permission to appeal in various care proceedings
• Moses-Taiga v Taiga [2005] EWCA Civ 1013
  Judgments (08/08/2005)
  Appeal against maintenance pending suit order. Appeal dismissed.
• M-T v T [2005] EWHC 79 (Fam)
  Judgments (22/01/2007)
  Judgment in the course of lengthy litigation where both litigants were Nigerian with the petitioner claiming she was married to the respondent, which he denied. In the hearing Charles J had to determine whether the English courts had jurisdiction and whether to grant a stay.
• Murray v Robinson [2005] EWCA Civ 935
  Judgments (27/07/2005)
  Appeal against sentence for breaches of non-molestation and occupation orders. Appeal dismissed.
• N v N & F Trust [2005] EWHC 2908 (Fam)
  Judgments (11/07/2006)
  This judgment declared that a former matrimonial home was an anti-nuptial settlement capable of variation pursuant to S 24(1)(c) of the MCA 1973.
• NHS Trust v Ms D & Mr and Mrs D [2005] EWHC Civ 2439 (Fam)
  Judgments (18/11/2005)
  Hearing, relating to a patient in a persistent vegetative state, which decided that it should be left to the treating doctors to take a decision about antibiotic therapy on the basis of what they regard as the patient's best interests.
• North Yorkshire County Council v S & S [2005] EWCA Civ 316
  Judgments (27/03/2005)
  Appeal to overturn sections of an earlier judgment in a care order case that subsequently prevented the local authority from carrying out their duties
• NP v South Gloucestershire County Council & MLC [2005] EWCA Civ 1329
  Judgments (13/11/2005)
  Application for permission to appeal against the refusal to discharge a care order. Application refused.
• O (Children) [2005] EWCA Civ 573
  Judgments (15/06/2005)
  Permission sought to issue an application for a residence or shared residence order. Permission granted.
• O (CHILDREN), W-R (A CHILD), W (CHILDREN) [2005] EWCA Civ 759
  Judgments (29/06/2005)
  Appeals against 2 decisions not to allow McKenzie friends to assist unrepresented litigants. Appeal against a decision to refuse permission to disclose papers to the local government ombudsman. All appeals allowed.
• Owens v Owens [2005] EWCA Civ 1275
  Judgments (02/11/2005)
  Husband's application to appeal against ancillary relief order, arguing that non-disclosure by the wife may have adversely affected his share of the matrimonial home. Application refused on the basis that, although non-disclosure was proved, it was immaterial to the order.
• Oxfordshire County Council v DP, RS & BS [2005] EWHC 1593 (Fam)
  Judgments (08/08/2005)
  Was a fact finding hearing necessary in relation to injuries suffered by a child which had been inflicted by the father?
• P (Children) [2005] EWCA Civ 1066
  Judgments (12/08/2005)
  Application for permission to appeal part of an order which included details of criminal convictions of a person living with one of the parents to a contact dispute. Application allowed.
• Portsmouth NHS Trust v Charlotte Wyatt [2005] EWHC 117 (Fam)
  Judgments (06/02/2005)
  The court order making it lawful for doctors not to resuscitate a seriously ill baby if she stops breathing must remain in force while further enquiries are made.
• Q v Q [2005] EWHC 402 (Fam)
  Judgments (29/04/2005)
  Decision on division of surplus income where income is likely to fall substantially and decided in the light of McFarlane: Parlour
• Quintavalle (on behalf of Comment on Reproductive Ethics) v Human Fertilisation and Embryology Authority [2005] UKHL 28
  Judgments (29/04/2005)
  Whether the HFEA could lawfully allow a couple to test IVF embryos to ascertain whether the tissue of the embryo will help to cure the genetic disorder of their eldest child.
• R (A Child) [2005] EWCA Civ 1128
  Judgments (23/09/2005)
  Appeal by half sibling against a post-adoption restrictive contact order. Appeal dismissed.
• R (A Child) [2005] EWCA Civ 1792
  Judgments (03/02/2006)
  Appeal against the granting of a Care Order rather than a Supervision Order. Supervision Order substituted for the Care Order.
• R (Children) [2005] EWCA Civ 542
  Judgments (16/05/2005)
  Appeal by father against residence orders
• Regina v Secretary of State for Work and Pensions [2005] UKHL 48
  Judgments (22/07/2005)
  House of Lords decision on whether Article 6 can be used to provide direct access to the courts to review the enforcement procedures of the CSA.
• S (A CHILD) [2005] EWCA Civ 735
  Judgments (20/06/2005)
  Appeal concerning 3 cross applications and the disclosure of information contained in Form F to the mother who is opposing a freeing order.
• S v B & Y [2005] EWHC 733 (Fam)
  Judgments (31/05/2005)
  Application by father under Hague Convention on the Civil Aspects of International Child Abduction 1980
• SC (A Child), Re [2005] EWHC 2205 (Fam)
  Judgments (05/03/2006)
  Hearing to decide residence and contact issues arising where an abducted child had not been returned on the grounds that she was settled in her new environment
• Shuttleworth v Shuttleworth [2005] EWCA Civ 1769
  Judgments (29/01/2006)
  Application for a second appeal in an ancillary relief case, where a wife's inherited assets led to a 55%:45% split in the wife's favour, later amended to 50%:50% on appeal. Application refused.
• Sorrell v Sorrell [2005] EWHC 1717 (Fam)
  Judgments (21/10/2005)
  Order in very high net worth ancillary relief case, including detailed discussion of the value of contributions in a long marriage.
• Stack v Dowden [2005] EWCA Civ 857
  Judgments (18/07/2005)
  Appeal concerning the beneficial interests of unmarried co-habitees in property registered in their joint names.
• Supperstone v Hurst & Hurst [2005] EWHC 1309 (Ch)
  Judgments (03/10/2005)
  Appeal by wife against ruling arising from bankruptcy proceedings that matrimonial home was shared equally between her and her former partner.
• T (A Child) [2005] EWCA Civ 311
  Judgments (30/03/2005)
  Appeal against costs order in contact and residence dispute
• TL v ML and Others (Ancillary Relief: Claim Against Assets of Extended Family) [2005] EWHC 2860 (Fam)
  Judgments (24/02/2006)
  
• van Laethem v Brooker & Caradoc Estates Limited [2005] EWHC 1478 (Ch)
  Judgments (25/07/2005)
  An application under section 14 of the Trusts of Land and Appointment of Trustees Act 1996, dealing with constructive trusts and proprietary estoppel.
• W (A Child) [2005] EWCA Civ 1025
  Judgments (08/08/2005)
  Application for permission to appeal a residence order. Application refused.
• W (A Child) [2005] EWCA Civ 1276
  Judgments (02/11/2005)
  Application by ex-husband to appeal a residence order in favour of his former wife. Application refused.
• W (A Child) [2005] EWCA Civ 185
  Judgments (10/03/2005)
  Application to appeal decision of Hedley J in Portsmouth NHS Hopsitals Trust v Wyatt
• W (A Child) [2005] EWCA Civ 649
  Judgments (31/05/2005)
  Appeal by local authority against order that the child in question can reside with an aunt.
• W v W [2005] EWHC 1811 (Fam)
  Judgments (10/08/2005)
  Application by mother to enforce an order made in Ireland, involving Brussels II and European Convention.
• Westminster City Council v R, B and S [2005] EWHC 970 (Fam)
  Judgments (04/06/2005)
  Application for interim care orders where the mother objects on grounds that Council's actions ultra vires and breaches mother rights under the ECHR. Orders granted.
• Williams v Lindley (formerly Williams) [2005] EWCA Civ 103
  Judgments (19/02/2005)
  Appeal to overturn a consent order in the light of a supervening event
• Wyatt (No. 3) [2005] EWHC 693 (Fam)
  Judgments (02/05/2005)
  Confirms that child should not be resuscitated if she stops breathing
• X County Council v DW, PW, SW [2005] EWHC 162 (Fam)
  Judgments (05/09/2005)
  A case involving the respective functions of the family court when exercising its jurisdiction under Part IV of the Children Act 1989 and of "SENDIST", in the context of care proceedings.
• X v A & Ors [2005] EWHC 2706 (Ch)
  Judgments (04/12/2005)
  Application by trustees of a marriage settlement for directions as to whether it is open to them to exercise their powers of revocation and re-appointment in such a way as to release a very substantial part of the trust capital to the life tenant.
• Z v Z [2005] EWCA Civ 1012
  Judgments (24/10/2005)
  Appeal against Judge's exercise of discretion to refuse a return order. Appeal allowed.