B v Reading Borough Council and others [2009] EWCA Civ 1515 (8 december 2009)

Sunday, February 07, 2010 | ,

Renewed application for permission to appeal arising from claims by the applicant of misfeasance and negligence by public officers when investigating suspected child abuse. Application refused.

Full report: Family Law Week

S (A Child), Re [2010] EWHC B1 (Fam) (04 January 2010)

Monday, February 01, 2010 | ,

Application by father for residence order - father last had direct contact in February 2006, all efforts to re-start direct contact having failed due to the child's refusal to engage - Held, traumatic though it may be in the short term, it was in the best interests of the child's long-term welfare for him now to live with his father.

Full report: Bailii

J v J [2009] EWHC 2654 (Fam) (21 January 2010)

Sunday, January 31, 2010 | ,

Judgment in complex, big money ancillary relief proceedings including comments on preparation for trial.

Full report: Family Law Week

M (A child) [2009] EWCA Civ 1486 (30 November 2009)

Sunday, January 31, 2010 | ,

Application for permission to appeal by guardian against a decision by justices to grant an interim care order to the local authority who intended to move the child to alternative foster carers pending a final hearing. Appeal dismissed.

Full report: Family Law Week

S-C (Children) [2010] EWCA Civ 21 (28 January 2010)

Friday, January 29, 2010 | , ,

Appeal against a committal order for breach of an order forbidding both parties from disclosing documents filed in the proceedings. Held, the appellant was not in breach - for this and other reasons the committal order could not stand, and would be set aside.

Full report: Bailii

Leigh v Hudson [2009] EWCA Civ 1442 (9 December 2009)

Monday, January 25, 2010 | ,

Application for permission to appeal against finding that a ceremony in South Africa did not constitute a marriage. Application refused.

Full report: Family Law Week

Imerman v Imerman (Jud) [2010] EWHC 0064 (Fam) (13 January 2010)

Monday, January 25, 2010 | , , ,

Supplemental judgment arising from applications concerning use of irregularly obtained confidential information in ancillary relief proceedings. This judgment concerns the forms of the relevant orders, costs, further directions and permission to appeal.

Full report: Family Law Week

M-W (A Child), Re [2010] EWCA Civ 12 (21 January 2010)

Friday, January 22, 2010 | ,

Application by local authority for permission to appeal against dismissal of care proceedings, on the basis that the judge had failed to deal with a substantial body of professional evidence. Permission granted, appeal allowed and re-hearing directed.

Full report: Bailii

Doctor A & Ors v Ward & Anor [2010] EWHC 16 (Fam) (08 January 2010)

Thursday, January 21, 2010 | ,

Care proceedings - application by parents to 'disapply' s.12 Administration of Justice Act 1960 granted and applications to protect anonymity of expert witnesses, treating clinicians and social workers dismissed.

Full report: Bailii

FL ( A Child), R (on the application of) v London Borough Of Lambeth [2010] EWHC 49 (Admin) (19 January 2010)

Wednesday, January 20, 2010 | ,

Application by child for judicial review of decision of local authority to refuse to provide accommodation under s.20 Children Act. Application refused.

Full report: Bailii

H (A Child). Re [2010] EWCA Civ 6 (19 January 2010)

Tuesday, January 19, 2010 | , ,

Application by father for permission to appeal against care and placement orders. Application refused.

Full report: Bailii

Imerman v Imerman [2009] EWHC 3486 (Fam) (11 December 2009)

Saturday, January 16, 2010 | ,

Ancillary relief application by W. Application by H for the return of 7 files of documents containing information which was secretly obtained from a computer system used by him, and for other orders restraining W and her legal representatives from making any use of that information, including for the purposes of her ancillary relief application. Held, the 7 files should be delivered to H's solicitors for them to identify and remove those pages which contain privileged material, whereupon the files should be returned to W's solicitors. Further, W and her legal advisers not to make any use of the privileged material, including for the purposes of these proceedings.

Full report: Bailii

Frasik v. Poland (application no 22933/02) Jaremowicz v. Poland (no 24023/03) (5 January 2010)

Thursday, January 14, 2010 | , ,

Refusal to allow prison inmates to marry breached the European Convention on Human Rights.

Press Release (with links to judgments).

Hashem v Shayif & Anor [2009] EWHC 3462 (Fam) (22 December 2009)

Wednesday, January 13, 2010 | ,

In on-going proceedings, this hearing dealt, inter alia, with an injunction granted against husband's company preventing it from securing any borrowing against a property. The company applied for discharge of the injunction or, failing that, for it to be amended to permit the company to secure borrowings of up to £300,000 (from the current £177,000) against the property. The application for discharge was adjourned but the level of permitted borrowing was increased to £200,000, to tide the company the company over until the matter returns to court.

Full report: Bailii

Amin & Amin v Amin & Others [2009] EWHC 3356 (Ch) (18 December 2009)

Monday, January 11, 2010 | , ,

Proceedings relating to (1) property jointly owned by a family and (2) to a company carried on by members of the family. The judge considered the application of the principles relating to constructive trusts explained in Stack v Dowden [2007] UKHL 17 and subsequent cases.

Full report: Family Law Week