Child Maintenance and Enforcement Commission v Beesley & Anor [2010] EWCA Civ 1344 (24 November 2010)

NRP entered into IVA under which his creditors would receive a total of 27p in the pound over a period of 5 years in full and final settlement of his liabilities. 94% of his debts were represented by arrears of child maintenance. High Court held that CMEC was a creditor for the purposes of the IVA. CMEC appealed. Court of Appeal held that CMEC was not a creditor, and was therefore not capable of being bound by the IVA.

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H (A Child) [2010] EWCA 1296 (26 October 2010)

Private law children application for permission to appeal s.91(14) order. Permission granted limited to the duration of the order.

Full report: Family Law Week

M (A Child) [2010] EWCA Civ 1295 (14 October 2010)

Child Abduction: Appeal of order for return of a 4 year old child to Estonia. Appeal dismissed with amendment by way of slip rule to duration of the order. Matter to return to a Family Division judge for implementation.

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A London Borough Council v K & others [2009] EWHC 850 (12 April 2010)

Care Proceedings: Fact finding hearing to determine the truth and extent of mother’s allegations of serious sexual abuse against the children’s father and other named men. Baker J found the allegations of sexual abuse to be untrue and identified a number of matters about care proceedings and the wider system of child protection from which important lessons can be drawn.

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Lykiardopulo v Lykiardopulo [2010] EWCA Civ 1315 (19 November 2010)

Court of Appeal determined whether an ancillary relief judgment should be published when one of the parties had conspired to present a perjured case and, if it should (as in this case), the extent of any anonymisation or redaction.

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EG V RS, JS & BEN PCT [2010] Court of Protection Case No: 1110237109 (3 August 2010)

Solicitor’s application for permission to appeal in a Court of Protection case against a costs order made against her in respect of an unsuccessful application to be appointed Health & Welfare Deputy. Permission to appeal not granted.

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A County Council v MB [2010] EWHC 2508 (COP) (22 October 2010)

Declaration sought by an 80 year old woman (MB) with severe Alzheimer’s that she was unlawfully deprived of her liberty after expiration of a standard authorisation given under Schedule A1 to the Mental Capacity Act 2005 and prior to the making of an order under s.16 MCA authorising her deprivation of liberty at a residential home. Declaration granted.

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W (A Minor) [2010] EWCA Civ 1280 (18 November 2010)

Application by mother for permission to appeal against order transferring residence of child from her to the paternal grandmother. Application dismissed.

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Re F (Internal Relocation) [2010] EWCA (27 October 2010)

Mother sought specific issue order permitting her to move with her four children from north-east England to one of the Orkney isles. Leave refused. Mother's appeal rejected.

Report: Family Law

G (Children) [2010] EWCA Civ 1232 (22 September 2010)

Mother’s appeal to the Court of Appeal to reverse order made that the parties’ two children should be returned to Canada after their unlawful abduction to this jurisdiction. Appeal allowed.

Full report: Family Law Week

WF v RJ & Anor [2010] EWHC 2909 (Fam) (13 August 2010)

Father applied for the summary return to Germany of two children, following their wrongful abduction to this country by their mother. Mother accepted that the children were wrongfully removed, but resisted their return on the basis of a number of defences under the Convention. The return was also opposed by the older child, who raised similar defences. The father's application was refused.

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LB Richmond v B & W [2010] EWCA 2903 (Fam) (12 November 2010)

Care proceedings in which an issue arose as to the validity of hair testing for the purposes of seeking to establish whether a parent has consumed alcohol and, if so, to what extent.

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MH v Lancashire County Council [2010] EWCA Civ 1257 (12 November 2010)

Care and placement orders made by Family Proceedings Court. Mother's appeal to County Court struck out. Mother appealed against that order. Appeal dismissed.

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Plymouth City Council v G (Children) [2010] EWCA Civ 1271 (10 November 2010)

Local authority applied for care orders in relation to three children and placement orders in relation to the younger two. The Recorder granted full care orders in relation to the children but dismissed the applications for placement orders. The local authority appealed. The Court of Appeal overturned the care orders made in relation to the two younger children and the judge's order dismissing the placement order applications, and substituted (i) an order adjourning the placement order applications and (ii) interim care orders for 28 days.

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Kingdon v Kingdon [2010] EWCA Civ 1251 (04 November 2010)

Ancillary relief order made by consent. Judge subsequently found that the order had been vitiated by material non-disclosure on the part of the husband, and made further lump sum provision for the wife. Husband appealed on the basis, inter alia, that the judge should have set aside the whole order and directed that the application for ancillary relief be reheard. Appeal dismissed.

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L-W (Children), Re [2010] EWCA Civ 1253 (04 November 2010)

Appeal by father against compensation and enforcement orders made pursuant to sections 11O & 11J of the Children Act 1989 and a committal order. Appeals allowed and orders set aside.

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Withers LLP v Harrison [2010] EWHC 2769 (QB) (03 November 2010)

Claim by Withers in respect of unpaid bills. Defendant counterclaimed on the basis that Withers had given her negligent advice in relation to proceedings brought by her against her ex-husband for an ancillary relief order to be set aside on the grounds that it was obtained by fraud or material non-disclosure. The ex-husband had obtained summary judgment. The court rejected the defendant’s case that Withers was negligent, and therefore gave judgment for Withers on its claim, and the defendant’s counterclaim was dismissed.

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AVS v A NHS Foundation Trust [2010] EWHC 2746 (COP) (02 November 2010)

Patient suffers from sporadic CJD and is incapable of conducting his affairs. Court asked to decide whether it was in his best interests to continue administering a drug. Directions given regarding discovery, in particular medial records, and evidence, both lay and expert.

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