Care & Family

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Costs cases involving Part 36 and their interplay with Fixed Costs seem to be a semi-regular occurrence.
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This was a judgment by Mr Justice Mostyn in relation to a cost penalty given due to the Applicant’s failure to negotiate. The proceedings related to applications for maintenance pending suit, interim periodical payments for the children and for a legal services payment Order.  Mr Justice Mostyn stated that in these types of proceedings there… Continue reading LM v DM (Costs Ruling) [2021] EWFC 28 (12 March 2021)
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This is a Judgment given by Mr Justice Mostyn on the 16th April 2020, in relation to previous Costs Orders made in October 2019 and subsequent costs being incurred in Ancillary Relief proceedings. In his Judgment, Mr Justice Mostyn stated that he had to revise his previous disposition made in his October 2019 Judgment.  This… Continue reading Maughan v Wilmot [2020] EWHC 885
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This was a Judgment made by Mr Justice Cohen on 19th December 2019, in a case which involved a wife with assets of £50 million and a husband who was a ‘struggling artist.’  The Judgment dealt with the financial provision to be made by the wife to the husband and also dealt with the husband’s… Continue reading MB v EB [2019] EWHC 3676 (Fam) (19 December 2019)
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This Judgment relates to an Appeal by the mother against an Order made on 02/10/18, in which she was Ordered to pay the costs of the father (£109,394) incurred during Private Law proceedings concerning their children. The background to the proceedings was that the Russian parents had relocated to London in 2014, with their two… Continue reading Timokhina v Timokhin [2019] EWCA Civ 1284
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This Judgment relates to an Appeal made by the mother against the making of a Care Order by Her Honour Judge Parry on 12th April 2019.  The proceedings related to the mother’s two children, which had been issued due to injuries to one of the children.  An Order was made that the threshold had been… Continue reading A v Cardiff City Council & Ors [2019] EWCA Civ 1360 (30 July 2019)
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At a Finding of Fact Hearing, HHJ Hudson found that petechial injuries suffered by the Child were inflicted by the Father.   Evidence was heard from the Treating Clinician and expert witnesses, namely a Consultant Paediatrician and a Consultant Pathologist.  The Treating Clinician did not usually act as an expert witness but was willing to give evidence… Continue reading F (A Child) (Fact-Finding Appeal), Re [2019] EWCA Civ 1244 (16 July 2019)
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The application concerned the welfare of B who was 16 years old.  There was no evidence that B lacked capacity and she had good knowledge of her condition, and of the implications of not receiving insulin for the same, namely a risk of death.  B had stated a wish to die and had a history… Continue reading University Hospitals Plymouth NHS Trust v B (Urgent Medical Treatment) [2019] EWHC 1670 (Fam) (21 June 2019)
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This Judgment relates to an Application for permission to appeal the decision of HHJ Plunkett made in respect of findings of fact handed down on 14/11/18. The proposed Appellant father wished to appeal findings made in proceedings which related to the parties’ child, which involved cross Applications.  The findings made stated that the father had… Continue reading SD v AFH (Appeal: Coercive and controlling behaviour: Inference or speculation) [2019] EWHC 1513 (Fam) (13 June 2019)
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This Court of Appeal Judgment relates to an Appeal made by the Local Authority against the decision of HHJ Wicks dismissing a Care Application at an interim stage, despite arguments by the Local Authority and the Guardian. The initial Care Application related to two children, one of which had been found covered in bruises.  Upon… Continue reading H-L (Children: Summary Dismissal of Care Proceedings) [2019] EWCA Civ 704 (17 April 2019)
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This was a fact-specific case where Mr Justice Williams refused appeal against the decision to transfer residence of boy (aged 8) from the Mother to the Father, where the order had already been implemented and the Mother's appeal was lodged out of time.  There was detailed analysis by the court of principles re role of… Continue reading MFS (Appeal: Transfer of Primary Care) [2019] EWHC 768 (Fam) (29 March 2019)
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This was an appeal brought by the Father against an order by HHJ Wilding dismissing his application for leave to oppose the making of Adoption Orders under S47(5) of the Adoption and Children Act 2002 in relation to his two children, who were aged 6 and 4.  The application for leave to oppose the Adoption… Continue reading A (Children) [2019] EWCA Civ 609
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This Judgment considers the decision of Sir Stephen Brown P in Butler v. Butler, The Queen’s Proctor Intervening [2019] 1 FLR 114 in relation to the 4 Defective Divorces of Baron v Baron; Bird v Bird; Checova v Ilyas and Campbell-Anderson v Anderson. In dealing with this matter, Sir James Munby advised that his recent… Continue reading Baron & Ors (4 Defective Divorces) [2019] EWFC 26 (17 April 2019)

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