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2006 archive

Judgments published on the site in 2006

• A (A Child) [2006] EWCA Civ 1161
  Judgments (29/08/2006)
  This is an application for permission to appeal a care order leading to adoption by the mother of A. The application was refused.
• A (A Child) [2006] EWCA Civ 1441
  Judgments (12/11/2006)
  Application for permission to appeal, with appeal to follow, an order made by Sumner J in 2000 that created a trust for the benefit of child, V. Application and subsequent appeal allowed.
• A (A Child) [2006] EWHC 3338 (Fam)
  Judgments (14/01/2007)
  Application by mother for wardship of her son who is currently living in Iraq with his father. Application failed.
• A (Children) [2006] EWCA Civ 714
  Judgments (12/06/2006)
  The mother was seeking permission to appeal two care orders and an extension of time. Permission was refused.
• A v M [2006] EWHC 1721 (Fam)
  Judgments (13/06/2006)
  Appeal by a father against an order under Schedule 1 of the CA 1989 for a capital sum and periodical payments. Appeal allowed in part.
• Abbassi v Abbassi [2006] EWCA Civ 355
  Judgments (10/04/2006)
  An appeal against the judge's direction that the determination of the validity of a marriage dissolved by talak in Pakistan should be heard by a court in Pakistan.
• AD and OH v Bury MBC [2006] EWCA Civ 1
  Judgments (23/01/2006)
  Appeals by a mother and son against an unsuccessful claim for damages arising out of alleged negligence by the local authority in the context of care proceedings. Both appeals dismissed.
• Agulian & Anr v Cyganik [2006] EWCA Civ 129
  Judgments (05/03/2006)
  An appeal by personal representatives of the deceased's estate against a finding that he had been domiciled in England at the time of his death. Appeal allowed.
• An NHS Trust v MB & Anor [2006] EWHC 507 (Fam)
  Judgments (16/03/2006)
  An application by an NHS Trust for declaration that it would be lawful to withdraw ventilation form a child suffering from spinal muscular atrophy.
• B (A Child) [2006] EWCA Civ 1574
  Judgments (03/12/2006)
  Appeal by father against a contact order. Appeal dismissed.
• B (A Child) [2006] EWCA Civ 486
  Judgments (19/05/2006)
  
• B (A Child) [2006] EWCA Civ 716
  Judgments (12/06/2006)
  An appeal by a father in a contact case. Appeal allowed.
• B (Children) [2006] EWCA Civ 1245
  Judgments (01/10/2006)
  Appeal against an order refusing leave to remove children to France by the mother. Appeal dismissed.
• B (Children) and B & O (Children) [2006] EWCA Civ 773
  Judgments (26/06/2006)
  This was an appeal by a mother and father against findings of fact in a child abuse case. The appeal by the father was dismissed but the appeal by the mother succeeded.
• Birmingham City Council v S & Ors [2006] EWHC 3065 (Fam)
  Judgments (11/12/2006)
  Case involving an application by a father requesting an order to prevent the local authority from contacting his parents which would reveal that he is the father of a child currently the subject of care proceedings. Application refused.
• C (A Child) [2006] EWCA Civ 1115
  Judgments (07/08/2006)
  This was an appeal by the mother in a residence dispute where the trial judge had temporarily lifted a stay on proceedings in the English courts so he could issue directions concerning the future proceedings if these were held in England. The appeal was allowed and the English proceedings dismissed.
• C (A Child) [2006] EWCA Civ 144
  Judgments (27/02/2006)
  This was an application by a father for permission to appeal, with appeal to follow, an order for supervised contact on the grounds that the judge had not given the father a fair hearing. Permission was granted and the contact order was amended.
• C (A Child) [2006] EWCA Civ 235
  Judgments (20/03/2006)
  Appeal by father against an order refusing shared residence of C.
• C (A Child) [2006] EWHC 1229 (Fam)
  Judgments (02/06/2006)
  This was an application under the Hague Convention by the father for the return of C to the USA. The application failed.
• C (Children) [2006] EWCA Civ 1527
  Judgments (19/11/2006)
  Appeal by mother against judge's refusal to find her allegations of domestic violence by the father proven in contact and residence proceedings. Appeal dismissed.
• C (Children) [2006] EWCA Civ 1765
  Judgments (08/01/2007)
  Appeal by father against an order in contact proceedings which imposed a 20 month moratorium on further proceedings and declined to appoint NYAS as the child's guardian.
• CG v CW & G (Children) [2006] EWCA Civ 372
  Judgments (10/04/2006)
  An appeal by the biological mother against an order granting her lesbian partner's application to be the primary carer for their 2 children.
• Charman v Charman [2006] EWCA Civ 1791
  Judgments (08/01/2007)
  Application by the wife to impose conditions on the grant of permission to appeal in a big money case. Dismissed save for security for costs granted.
• Charman v Charman [2006] EWHC 1879 (Fam)
  Judgments (07/08/2006)
  This is a judgment in a 'huge money' case. The wife was awarded an amount equivalent to 37% of the assets, which exceeded £100m.
• CL v East Riding Yorkshire Council & MB & BL [2006] EWCA Civ 49
  Judgments (10/02/2006)
  An appeal against the findings of fact made by a Local Authority in care proceedings where it could not be proved that injuries sustained by a child were non-accidental. Appeal allowed.
• Clayton v Clayton [2006] EWCA Civ 878
  Judgments (30/06/2006)
  An appeal against injunctions preventing a father from publishing matters concerning his daughter. The appeal was allowed, the injunction quashed and a Prohibited Steps Order imposed.
• CPS v Richards & Richards [2006] EWCA Civ 849
  Judgments (10/07/2006)
  The CPS was appealing against an order made in ancillary relief proceedings that awarded the wife of a drug dealer an amount equal to her beneficial interest in the matrimonial home. The appeal was allowed.
• Currey v Currey [2006] EWCA Civ 1338
  Judgments (23/10/2006)
  Application for permission to appeal, with appeal to follow, by wife against an order in ancillary relief proceedings which provided the husband with maintenance pending suit containing an element for continuing legal advice. Permission granted but appeal dismissed.
• D (A Child) [2006] EWCA Civ 1204
  Judgments (04/09/2006)
  This is an application for permission to appeal orders placing D in care and freeing him for adoption. The application was refused.
• D (A Child) [2006] EWCA Civ 760
  Judgments (26/06/2006)
  This was an application for leave to intervene on behalf of a seven year old child in a Hague Convention case.
• D (A Child) [2006] EWCA Civ 830
  Judgments (26/06/2006)
  This was an appeal by a mother against an order for the return of her son to Romania after she had wrongfully removed him. The appeal was dismissed.
• D (Children) [2006] EWCA Civ 146
  Judgments (05/03/2006)
  A father was appealing against a decision to allow the mother and children to remain in the UK following his application under the Child Abduction and Custody Act 1985. The appeal was dismissed.
• D (Children) [2006] EWCA Civ 625
  Judgments (22/05/2006)
  A father was seeking permission to appeal interlocutory orders relating to contact arrangements and to institute proceedings for damages arising from breaches of his rights under the Human Rights Act 1998 and the ECHR. The applications were refused.
• D v B and others (flawed sexual abuse enquiry) [2006] EWHC 2987 (Fam)
  Judgments (23/04/2007)
  Judgment given as a result of a flawed sexual abuse inquiry. The judge makes it explicit that the father and his mother at the centre of the inquiry were not guilty of the allegations.
• Darnton v Darnton [2006] EWCA Civ 1081
  Judgments (28/07/2006)
  This is an application for permission to appeal a decree nisi principally on the grounds that there had been no marriage in the first place. Application refused.
• Day v Day [2006] EWCA Civ 415
  Judgments (24/04/2006)
  The claimant was appealing an order for costs arising from litigation with her son concerning a beneficial interest in a family home. The appeal was allowed.
• Devjee v Patel [2006] EWCA Civ 1211
  Judgments (11/09/2006)
  This is an appeal against prison sentences imposed for breach of a non-molestation order under the Family Law Act 1996. The appeal was dismissed.
• Dingmar v Dingmar [2006] EWCA Civ 942
  Judgments (24/07/2006)
  This was an appeal against an order in connection with a claim under the Inheritance (Provision for Family and Dependants) Act 1975. The appeal was allowed though Lloyd LJ dissented.
• DJ v MS [2006] EWHC 1491 (Fam)
  Judgments (11/12/2006)
  Appeal by father against the imposition of a s91 (14). Apeal allowed.
• Donohoe v Ingram [2006] EWHC 282 (Ch)
  Judgments (05/03/2006)
  An appeal against on order for sale under the Trusts of Land and Appointment of Trustees Act 1996 made in favour of a trustee in bankruptcy. Appeal dismissed.
• Down Lisburn Health and Social Services Trust and another (AP) v H (AP) and another (AP) [2006] UKHL 36
  Judgments (28/07/2006)
  This is a House of Lords judgment concerning an appeal by parents against an order freeing one of their children for adoption. The appeal was dismissed though Baroness Hale gave a dissenting judgment.
• E & O (Children) [2006] EWCA Civ 687
  Judgments (31/05/2006)
  This is an application by a father, who was facing criminal charges, to appeal an order adjourning a hearing relating to the residence of his children until the criminal proceedings were concluded. The application was refused.
• Evans v The United Kingdom (Application no. 6339/05)
  Judgments (07/03/2006)
  Judgment from the ECHR in case concerning whether a mother could use frozen embryos fertilised by her now estranged partner when he has subsequently withdrawn his consent
• F (A Child) [2006] EWCA Civ 1426
  Judgments (13/11/2006)
  Appeal by the mother against an order made by the President of the Family Division allowing indirect contact between a father and daughter. The apllication was dismissed.
• F (A Child) [2006] EWCA Civ 752
  Judgments (13/06/2006)
  Application by a father for permission to appeal the dismissal of a residence order and prohibiting both mother and father from applying to vary the residence order for 3 years. Application allowed, appeal dismissed.
• F (Children) [2006] EWCA Civ 1345
  Judgments (23/10/2006)
  Appeal by prospective adopters against an order in adoption proceedings under the 2002 Act in which the natural parents had been given notice of the proceedings. Appeal allowed.
• F (Children) [2006] EWCA Civ 792
  Judgments (03/07/2006)
  This was a mother's application to appeal, with appeal to follow, against orders in a contact case which reinstated contact with the father who was the subject of a sexual abuse allegation. Appeal allowed.
• F v M & C [2006] EWHC 1783 (Fam)
  Judgments (29/08/2006)
  This is a judgment concerning applicatons by the father for sole or joint residence and an application by the mother for permission to move the child to the US.
• Farley v Child Support Agency & Others [2006] UKHL 31
  Judgments (29/06/2006)
  Appeal by the Child Support Agency against the Court of Appeal's decision to review and quash a liability order for CSA arrears made by the magistrates courts. The appeal was allowed.
• G (A Child) [2006] EWCA Civ 1507
  Judgments (20/11/2006)
  Appeal by mother in contact proceedings against orders made by a Deputy High Court judge. Appeal allowed.
• G (A Child) [2006] EWCA Civ 348
  Judgments (10/04/2006)
  An appeal by a father against the rejection of a request that a CAFCASS officer have the opportunity to see his child to discuss the possibility of future direct contact with him.
• G (A Child) [2006] EWCA Civ 745
  Judgments (13/06/2006)
  Application by a father for permission to appeal contact and parental responsibility orders. Permission refused in relation to contact, parental responsibility order set aside.
• G v G [2006] EWHC 2010 (Fam)
  Judgments (14/08/2006)
  Order in ancillary relief proceedings in a case where the assets were relatively modest but the subject of costly litigation. The wife was awarded 41% of the remaining capital.
• Gamboa-Garzon v Langer [2006] EWCA Civ 1246
  Judgments (25/09/2006)
  Appeal against a refusal to award a costs order in proceedings combining ancillary relief and a civil claim by the husband's girlfriend against the wife. Appeal allowed.
• Gelber v Griffin 2006 EWHC 3666 (Fam)
  Judgments (11/06/2007)
  Application concerning disclosure of a Form E to a child support advice company. The disclosure was found to be in contempt of court.
• General Medical Council v Meadow (Attorney General intervening) [2006] EWCA Civ 1390
  Judgments (30/10/2006)
  Appeal against ruling that a) an expert witness had not been guilty of serious professional misconduct and b) that professional expert witnesses should be offered some immunity from prosecution by their regulatory bodies for evidence presented in good faith in court. Appeal in a) dismissed but in b) allowed.
• H (A Child) [2006] EWCA Civ 1163
  Judgments (29/08/2006)
  This is an application for permission to appeal the judge's decision not to impose a committal order on the mother because she was not complying with an order for contact. The application was refused.
• H (A Child) [2006] EWCA Civ 1247
  Judgments (25/09/2006)
  Appeal relating to refusal to allow a child to be joined as a party to Hague Convention proceedings. Appeal dismissed.
• H (A Child) [2006] EWCA Civ 896
  Judgments (10/07/2006)
  This was an application for permission to appeal, with appeal to follow, an order refusing the father's application that his daughter should be joined as a party to contact proceedings and represented by NYAS. Permission and appeal granted.
• H (Children) [2006] EWCA Civ 1206
  Judgments (04/09/2006)
  This is an application by a father for permission to appeal findings of fact, a contact order and an order under s91(14) of the Children Act 1989. Permission was refused on all three counts.
• H (Children) [2006] EWCA Civ 1875
  Judgments (28/01/2007)
  Appeals against case management directions in care proceedings where the precedence of criminal proceedings over care proceedings was in dispute.
• H (Children) [2006] EWCA Civ 871
  Judgments (03/07/2006)
  This was an appeal by the father against the judge's refusal to order the summary return of his children to Dominica. Appeal allowed and a further hearing ordered.
• H v H (Queen’s Proctor Intervening) (Validity of Japanese divorce)
  Judgments (24/09/2006)
  This judgment concerns whether a form of divorce in Japan, a kyogi rikon, is a divorce 'obtained by means of proceedings' for the purposes of s46(1) of the Family Law Act 1986.
• Holman v Howes [2006] EWCA Civ 589
  Judgments (15/05/2006)
  This was an application for permission to appeal an order in a case concerning the beneficial ownership of a property in which the applicant and her former husband had lived for a short while. The application was granted.
• J & K (Children) [2006] EWCA Civ 754
  Judgments (13/06/2006)
  Application for permission to appeal an order in which the judge adopted, wholesale, the submissions of the Local Authority and the child's guardian. Appeal allowed.
• J (A Child) [2006] EWCA Civ 163
  Judgments (20/03/2006)
  Permission to appeal an order of Munby J which dismissed an application to an appeal an existing care order and a further order under s 91(14) of the CA 1989 that no further applications could be made without leave.
• J (Children) [2006] EWCA Civ 1897
  Judgments (26/02/2007)
  Application by mother for permission to appeal, with appeal to follow, orders allowing the father to relocate to Bulgaria with two children, aged 15 and 11. Permission granted but appeal dismissed.
• J v C & E (A Child) [2006] EWCA Civ 551
  Judgments (22/05/2006)
  The appellant was seeking permission to appeal an order declaring that he was not the parent of E under the Children Act and so therefore required leave to make an application for a specific issues and prohibited steps order under s 8 of the Act. The appeal was dismissed.
• JE v DE [2006] EWHC 3459 (Fam)
  Judgments (05/03/2007)
  Application by wife seeking a declaration that a County Council had deprived her husband of his liberty under Article 5 and of the right to family life under Article 8 of the ECHR. Munby J found that the husband had been deprived of his liberty.
• K & H (Childen) [2006] EWCA Civ 1898
  Judgments (18/02/2007)
  Appeal by father against an order allowing the local authority to remove his children from his care. Appeal allowed.
• K (A Minor) [2006] EWHC 1007 (Fam)
  Judgments (15/05/2006)
  This is a judgment giving the President's reasons for a declaration relating to the medical treatment of K, who was the subject of an interim care order but who has subsequently died.
• K (Children) [2006] EWCA Civ 1205
  Judgments (04/09/2006)
  This is an application for permission to appeal against the refusal to grant an order for contact sought by the half brother of three younger sisters. The application was refused.
• Kimber v Kimber [2006] EWCA Civ 706
  Judgments (12/06/2006)
  Application by husband for permission to appeal an order arising out of ancillary relief proceedings. The application was refused.
• Klamer v Klamer [2006] EWCA Civ 690
  Judgments (31/05/2006)
  This is an application by the wife for a second appeal concerning the division of assets in favour of the husband after a short marriage. The application was refused.
• Krasniqi v Secretary of State for the Home Department [2006] EWCA Civ 391
  Judgments (24/04/2006)
  This was an appeal against the AIT's decision to remove a failed asylum seeker on the grounds that the appellant's article 8 rights were being infringed. The appeal was allowed.
• L (Children) [2006] EWCA Civ 1282
  Judgments (16/10/2006)
  This is an appeal by parents against care orders for their two children on the grounds that the trial judge could not conclude there was evidence of significant harm. The appeal was allowed in part.
• Lake v Lake [2006] EWCA Civ 1250
  Judgments (25/09/2006)
  Application for permission to appeal, with appeal to follow, an order for a transfer of tenancy. Permission to appeal granted but appeal dismissed.
• Lawrence v Pembrokeshire County Council [2006] EWHC 1029 (QB)
  Judgments (22/05/2006)
  This was an application by Pembrokeshire County Council to strike out a claim for negligence under ss 6 and 7(1) of the Human Rights Acts 1998. The claim was struck out.
• LK v K (Brussels II Revised: maintenance pending suit) [2006] EWHC 153 (Fam)
  Judgments (13/03/2006)
  Application for maintenance pending suit where there was a dispute as to the country where divorce proceedings would take place under Brussels II (Revised)
• LTF v LMF [2006] EWCA Civ 1179
  Judgments (04/09/2006)
  This is an application by a father for permission to appeal a circuit judge's refusal to allow an application for indirect contact while he was subject to a s91(14) Children Act 1989 order. The application was refused.
• Luton Borough Council v N & N (Acting by her Children's Guardian) [2006] EWHC 1189 (Fam)
  Judgments (31/05/2006)
  This judgment details 3 hearings in which the judge had to determine the correct age of a girl in the respect of whom care proceedings had been brought. This was important in order to consider the Local Authority's request for leave to discontinue their application for a care order. In addition, he had to consider an application by the father for residence. The Local Authority was given leave to withdraw their application, the father's application was dismissed.
• Lyustiger v Lyustiger [2006] EWCA Civ 1311
  Judgments (16/10/2006)
  This is an application for permission to appeal an order in ancillary relief proceedings concerning payment of legal costs as part of maintenance pending suit. The application was dismissed.
• M (A Child) [2006] EWCA Civ 404
  Judgments (24/04/2006)
  This was an application by a mother for permission to appeal against an interim care order for M, her daughter, who had been seriously injured whilst in the care of the father. The appeal was dismissed but the care order was to be reviewed again in the County Court.
• M (Children) [2006] EWCA Civ 1325
  Judgments (16/10/2006)
  This is an application for permission to appeal an order in a case where the father had been accused of sexually molesting his daughter.
• Mark v Mark & Or [2006] EWCA Civ 1164
  Judgments (29/08/2006)
  This is an application by the wife for permission to appeal an order arising from ancillary relief proceedings allowing an offshore bank to transfer funds to another bank as it was closing.
• Martin-Dye v Martin-Dye [2006] EWCA Civ 681
  Judgments (30/05/2006)
  This was an appeal against an order in ancillary relief proceedings concerning the treatment of the pensions of the parties in trying to achieve a clean break. The appeal was allowed and a pension sharing order imposed.
• Meadow v General Medical Council [2006] EWHC 146 (Admin)
  Judgments (20/02/2006)
  Ruling concerning immunity from further proceeedings arising from evidence given in court by an expert witness.
• M-H (A Child) [2006] EWCA Civ 1864
  Judgments (28/01/2007)
  Appeal against orders making a final care order and placing a child, K, for adoption. Appeal allowed.
• M-H (Children) [2006] EWCA Civ 499
  Judgments (02/05/2006)
  This was an application for permission to appeal, with appeal to follow, by a father against the finding of the trial judge concerning allegations of sexual abuse made by the mother. Permission was granted but the appeal dismissed.
• Miller v Miller : McFarlane v McFarlane [2006] UKHL 24
  Judgments (24/05/2006)
  House of Lords judgment in two appeals concerning fairness in divorce settlements. The husband's appeal in Miller was dismissed but the appeal in McFarlane was allowed and the district judge's original order restored.
• M-K (A Child) [2006] EWCA Civ 1013
  Judgments (24/07/2006)
  This was an appeal by a mother against an order refusing her application to relocate to Brazil with her daughter and granting of a shared residence order. Appeal allowed.
• Morgan v Hill [2006] EWCA Civ 1602
  Judgments (04/12/2006)
  Appeal by father against an order for financial relief under the Children Act 1989. Appeal allowed in part.
• Morgan v Morgan [2006] EWCA Civ 1852
  Judgments (29/01/2007)
  Appeal by husband against orders in ancillary relief proceedings setting out terms of sale of the matrimonial home and other properties. Appeal allowed.
• Mr E v Mrs E [2006] EWCA Civ 843
  Judgments (03/07/2006)
  This was an application for permission to appeal, by both husband and wife, orders made in the course of contact and ancillary relief proceedings. The appeals were allowed, the ancillary relief order was set aside and the matter directed for hearing in the High Court.
• Mr T v Mr V [2006] EWHC 1496 (QB)
  Judgments (11/07/2006)
  This judgment centred on libel proceedings initiated by a father against a report produced by an expert witness. The application was disposed of.
• Mubarak v Mubarik [2006] EWHC 1260 (Fam)
  Judgments (28/07/2006)
  This is a judgment in a long running ancillary relief case concerning enforcement of lump sum and periodical payment orders where the applicant was alleging that the respondent was wilfully refusing to pay.
• N (Children) [2006] EWCA Civ 872
  Judgments (03/07/2006)
  This was an appeal by the mother against an order permitting the father to remove one of their children to Canada with him for an interim period. The appeal was allowed.
• N v N [2006] EWHC 3269 (Fam)
  Judgments (29/01/2007)
  Appeal by husband arising from wife's application to vary a 1981 consent order which provided for her to receive nominal periodical payments. Appeal dismissed.
• NA v MA [2006] EWHC 2900 (Fam)
  Judgments (16/02/2007)
  Application by wife for ancillary relief in a big money case. She was seeking £13.6 million but was awarded £9.1 million.
• Newport City Council v W & Ors [2006] EWHC 3671 (Fam)
  Judgments (22/04/2007)
  Judgment following the dismissal of an application for care orders part way through a seven day hearing after hearing medical evidence that changed the complexion of the case.
• NJ v Essex County Council & CMJ (By Her Children's Guardian) [2006] EWCA Civ 545
  Judgments (22/05/2006)
  This was a mother's appeal against a care order placed on her daughter on the grounds that a meeting held by the Local Authority concerning the care order had been unfair to NJ and had breached her human rights. The appeal was dismissed.
• Norfolk County Council v Webster & Ors [2006] EWHC 2733 (Fam)
  Judgments (04/11/2006)
  Landmark ruling allowing media attendance at care proceedings.
• O & M (Children) [2006] EWCA Civ 1367
  Judgments (23/10/2006)
  Appeal by father against findings of fact in care proceedings. Appeal dismissed.
• P (A Child) [2006] EWCA Civ 1792
  Judgments (08/01/2007)
  This is an appeal by a mother against an order comitting her to prison for contempt arising from a breach of a contact order. Appeal dismissed.
• P v P [2006] EWCA Civ 497
  Judgments (02/05/2006)
  This was a second appeal in a case where the appellant husband had issued divorce proceedings in France and the respondent wife responded by issuing proceedings under the Trusts of Land and Appointment of Trustees Act 1996 concerning a portfolio of properties owned by the couple. The husband contended that the French court was first seised of proceedings and so the TOLATA proceedings should be stayed. The appeal was allowed.
• P v P [2006] EWHC 3409 (Fam)
  Judgments (22/04/2007)
  Application for financial provision in a case where, at the last minute, the husband announced his intention to resign from his well paid post in the UK and set up as a self employed consultant in Australia. This affected his future earning potential. The wife was awarded 60% of the assets to cover the children's needs and to reflect the earning power of the husband.
• P-B (A Child) [2006] EWCA Civ 1016
  Judgments (24/07/2006)
  This is an application to appeal, with an appeal to follow, by a mother against orders allowing the placement of her son for adoption. Appeal dismissed.
• Pelling v Bruce-Williams [2006] EWCA Civ 1046
  Judgments (28/07/2006)
  This was an application to discharge or set aside an order against publicity arising from a contact case in 1996. The order was discharged.
• PJG v Child Support Agency [2006] EWHC 423 (Fam)
  Judgments (05/02/2007)
  Appeal against a CSA liability order on the grounds that the amount of the liability was incorrect.
• R (B by her litigation friend MB) v London Borough of Lambeth [2006] EWHC 639 (Admin)
  Judgments (22/05/2006)
  This judgment concerns costs arising from judicial review proceedings brought by B but subsequently resolved by agreement. No order for costs was made.
• R (On the application of LH & MH) v The London Borough of Lambeth [2006] EWHC 1190 (Admin)
  Judgments (02/06/2006)
  This was an application for judicial review on the grounds that the defendants had failed to carry out proper assessments of LH and MH and/or implemented them by not arranging a residential placement for LH. The judge found that the defendant breached its assessment obligation under Part III of the Children Act 1989.
• R (On the application of M) v London Borough of Hammersmith & Fulham [2006] EWCA Civ 917
  Judgments (24/07/2006)
  This is an application for judicial review by M who claims that the Council had not treated her as a 'former relevant child' under s23c of the Children Act 1989 and the Leaving Care Regulations deprived her of accommodation under that Act. The application failed.
• R (On the application of M) v Suffolk County Council [2006] EWHC 2366 (Admin)
  Judgments (09/10/2006)
  This is an application for judicial review of a local authority's decision to stop direct payments to the claimant to help provide support for a child with Down's Syndrome. The grounds of that decision were that the payments were being used to place the child in a specialist boarding school and that under regulation 7(3) of the Children Act the local authority was precluded from paying for residential accommodation under these regulations. The application succeeded.
• R (On the application of Pigott) v Secretary of State for Work & Pensions [2006] EWHC 1484 (Admin)
  Judgments (26/06/2006)
  This was an application for permission to apply for judicial review, with hearing to follow if granted, in a case where the applicant had been made the subject of distress for levy of child support arrears. Application refused.
• R (On the application of TB) v The Combined Court at Stafford [2006] EWHC 1645 (Admin)
  Judgments (24/07/2006)
  This was an application for judicial review of proceedings in the Crown Court where a child witness in a sexual abuse case was brought before the Court unrepresented and without notice, to decide whether her medical records should be disclosed. The application succeeded.
• R (On the application of W) v Lincolnshire County Council [2006] EWHC 2365 (Admin)
  Judgments (09/10/2006)
  This is an application for judicial review of a care plan put forward by the Council for a child suffering from Sanfilippo syndrome, a rare genetic disorder. The application failed.
• R v Levey [2006] EWCA Crim 1902
  Judgments (18/09/2006)
  Appeal against conviction for manslaughter in a criminal case principally on the grounds that the judge in care proceedings, held before the criminal trial, had not been able to find that the appellant had committed the crime so to continue with the criminal indictment was an abuse of process. Appeal dismissed.
• Re D [2006] UKHL 51
  Judgments (19/11/2006)
  Appeal by mother against decision to order return of son to Romania three years after they arrived in the UK. Appeal allowed.
• Re G [2006] UKHL 43
  Judgments (28/07/2006)
  This is a House of Lords decision in a case where the biological mother of children conceived by insemination during a lesbian relationship was seeking to overturn the Court of Appeal's ruling that her ex partner should have primary care. Appeal allowed.
• Re H [2006] EWHC 3099 (Fam)
  Judgments (29/01/2007)
  Judgment concerning whether litigants in person should be allowed to cross examine witnesses in the family courts where there are allegations of sexual abuse by the LIP.
• Re ML and AL (Children) [2006] EWHC 2385 (Fam)
  Judgments (12/05/2007)
  Judgment in continuing proceedings where an implacable mother, living with the children in Austria, is refusing to comply with interim contact orders made by the English courts.
• Re ML and AL (Children) 2006 EWHC 3631 (Fam)
  Judgments (12/05/2007)
  Judgment in contact proceedings where an implacable mother, living in Austria, is refusing to comply with an interim contact order.
• Re R (A Child) [2006] EWCA Civ 1638
  Judgments (17/12/2006)
  Appeal by local authority against refusal to grant a care order where there had been serious dometic violence within the family. Appeal was granted.
• Re SA [2005] EWHC 2942 (Fam)
  Judgments (26/06/2006)
  This was an application by the Local Authority for orders to prevent the parents of a vulnerable adult seeking an unsuitable arranged marriage. The application succeeded.
• Re X (Emergency Protection Orders) [2006] EWHC 510 (Fam)
  Judgments (27/03/2006)
  Hearing where local authority was seeking a care order for X, who had been in foster care since an EPO was granted.
• Reading Borough Council v D & Ors [2006] EWHC 1465 (Fam)
  Judgments (26/06/2006)
  This was an application by Thames Valley Police for permission to use documents supplied by a social worker to one of their officers.
• Robinson v London Borough of Hammersmith & Fulham [2006] EWCA Civ 1122
  Judgments (07/08/2006)
  This was an appeal arising from the local authority's duty to provide accommodation as a priority need under s193 of the Housing Act 1996 where a child under 18 is made intentionally homeless. The appeal was allowed.
• Robinson v The Child Support Agency [2006] EWCA Civ 514
  Judgments (08/05/2006)
  Application for permission to appeal an order refusing judicial review of the action of the CSA. Application refused.
• S (Children) [2006] EWCA Civ 981
  Judgments (28/07/2006)
  This is an appeal by a father supported by the mother, and a cross appeal by the Local Authority, against a case management decision made in child care proceedings. Appeal allowed in part and cross appeal allowed.
• S v S & M [2006] EWHC 2892 (Fam)
  Judgments (26/11/2006)
  Application by former husband to enforce a charge over the former matrimonial home. The wife resisted the claim on the grounds that the husband had made an oral agreement to forego the charge if the wife gave up and claims for future maintenance. The application failed.
• S v S [2006] EWHC 2793 (Fam)
  Judgments (26/01/2007)
  Judgment in ancillary relief proceedings awarding the awarding the wife 40% of matrimonial assets.
• Secretary of State for Work & Pensions v M [2006] UKHL 11
  Judgments (13/03/2006)
  Lords judgment on the question of whether assessments by the CSA where the non-resident parent is now in a same sex couple infringe Article 8 and 14 rights
• Shaw v Hutton-Shaw [2006] EWCA Civ 1235
  Judgments (22/01/2007)
  Appeal against an order in a case arising from loan agreements between cohabitants. Appeal allowed.
• Sherrington v Sherrington [2006] EWCA Civ 1784
  Judgments (05/02/2007)
  Application for permission to appeal, with appeal to follow, costs orders arising from litigation under the Inheritance (Provision for Family and Dependants) Act 1975. Permission to appeal was granted.
• Smith v Secretary of State for Work and Pensions & Another [2006] UKHL 35
  Judgments (12/07/2006)
  
• Stringer v Stringer [2006] EWCA Civ 1617
  Judgments (11/12/2006)
  Appeal against the imposition and conditions attached to a s91 (14) Children Act order. Appeal granted to a limited extent.
• T & J (Children) (Abduction: Recognition of Foreign Judgment) [2006] EWHC 1472 (Fam)
  Judgments (26/06/2006)
  This was an application by a mother for the return to Spain of her daughter T and son J under the Child Abduction and Custody Act 1985. The application was refused.
• The Queen on the application of David Burrows v Lord Chancellor [2006] EWHC 251 (Admin)
  Judgments (23/02/2006)
  This was an application to apply for a judicial review of the recent increases in court fees as introduced by the Family Proceedings Fees (Amendment) Order 2005. The claim was brought by David Burrows, a specialist family lawyer from Bristol. Permission was refused.
• The Queen on the application of 'M' v Gateshead Council [2006] EWCA Civ 221
  Judgments (20/03/2006)
  Application for judicial review concerning the duties of a local authority to provide secure accommodation under s21 of the Children Act 1969 and PACE 1984.
• The Queen on the application of Sue Axton v The Secretary of State for Health (The Family Planning Association: intervening) [2006] EWHC 37 (Admin)
  Judgments (13/03/2006)
  Judicial review concerning whether doctors should be allowed to give advice on contraception to young people without parental consent
• Tracey v Tracey [2006] EWCA Civ 734
  Judgments (13/06/2006)
  Application by father to appeal an order requiring him to pay for private school education for his two sons. Appeal allowed in part.
• Trust A & Trust B v H (An Adult Patient) (Represented by her Litigation Friend, the Official Solicitor) [2006] EWHC 1230 (Fam)
  Judgments (31/05/2006)
  Trusts A and B sought declarations that i) a woman detained under the Mental Health Act 1983 lacked capacity to make decisions about her medical treatment for a potentially life threatening condition; ii) it was in her best interests to undergo treatment which would include a total hysterectomy; and iii) it was lawful to provide sedation and reasonable physical restraint in order to adminster treatment. All 3 declarations granted.
• Vigreux v Michel [2006] EWCA Civ 630
  Judgments (30/05/2006)
  This was an appeal by the mother of an abducted child against the High Court's refusal to order the return of the child under Brussels II on the grounds of the child's objection. The appeal was allowed.
• W (A Child) [2006] EWCA Civ 1263
  Judgments (09/10/2006)
  This is an application by the mother for permission to appeal, with appeal to follow, against a refusal to grant a residence order. Application refused.
• W (A Child) [2006] EWCA Civ 529
  Judgments (05/05/2006)
  This was an application by Portsmouth NHS Trust for a costs order against Mr and Mrs W relating to proceedings concerning the medical treatment of W, their child. A costs order of nothing was awarded.
• Walker v Jeffries & S (A Child) [2006] EWCA Civ 479
  Judgments (02/05/2006)
  This was an appeal by the father against an order in proceedings under s15 of the Children Act 1989 for full financial provision for his daughter, S, centering on the amount needed for a housing fund. The appeal was allowed.
• Warner v Warner [2006] EWCA Civ 1116
  Judgments (29/08/2006)
  This is a second appeal by the wife in ancillary relief proceedings against the finding of the circuit judge that the trial judge had not sufficiently taken into account illiquid assets in the original judgment. The appeal was allowed.
• Webber v Webber [2006] EWHC 2893 (Fam)
  Judgments (17/12/2006)
  Application by wife for an order in ancillary relief proceedings where the matrimonial home was potentially the subject of a confiscation order under the Proceeds of Crime Act. Application failed.
• Wilkinson v Kitzinger & Her Majesty's Attorney General (Lord Chancellor intervening) [2006] EWHC 835 (Fam)
  Judgments (24/04/2006)
  The appellant was seeking a Protected Costs Order to enable an application to proceed for formal recognition in the UK of a marriage undertaken with her same sex partner in British Columbia in 2003. The application was refused.
• Wilkinson v Kitzinger [2006] EWHC 2022 (Fam)
  Judgments (07/08/2006)
  This was an application for a declaration of marital status under s55 of the Family Law Act where both parties were of the same sex. The petition was dismissed.
• Williams v Fairbairn & Ors [2006] EWHC 1723 (Ch)
  Judgments (29/08/2006)
  This is an application by two of the defendants, both counsel, for striking out of, or summary judgment in, claims against them arising out of the drafting of a consent order in ancillary relief proceedings.
• Williams-Wynne v Williams-Wynne & Anr [2006] EWCA Civ 1254
  Judgments (01/10/2006)
  Application for permission to appeal orders in ancillary relief. Permission to appeal the substantive order was refused but granted with regards to the costs issues.
• Wood v Collins [2006] EWCA Civ 743
  Judgments (13/06/2006)
  Appeal against a committal order on the ground that it was unduly lenient. Appeal allowed.
• Wyatt, Re [2006] EWHC 319 (Fam)
  Judgments (06/03/2006)