Archive for 2017

  • 27/06/2017

    F v L [2017] EWCH 1377 (Fam) (09 June 2017)

    This Judgment was given by Ms Justice Russell in relation to an Application to Appeal a decision refusing an Application by the Appellant to relocate to Italy with the child of the family.  The Appellant was the mother of the child and the Respondent was the father of the child, […]

  • 28/04/2017

    MH (A CHILD), Re [2017] EWHC 691 (FAM) (13 March 2017)

    The case concerned an application by a mother for permission to appeal an order made by HHJ Hughes QC in Children Act proceedings concerning the parties’ daughter, M (DOB 04/02/15). The parties had separated before the child was born.  Initially there were proceedings as the father had concerns about the […]

  • 28/04/2017

    C v D [2017] EWHC 807 (Fam) (08 March 2017)

    This Judgment was given by Mr Justice Francis on 8th March 2017, at the final hearing of the mother’s Application for an Order for the summary return of two children to Canada, pursuant to the 1980 Hague Convention and/or the Court’s inherent jurisdiction.  The proceedings concerned two children who the […]

  • 28/04/2017

    W -v- P [2017] EWHC 386(ch) (27 February 2017)

    On 22 July 2010 the testator passed away having suffered terminal rectal cancer diagnosed in July 2009. On 28 May 2010 the testator gave instructions for a will to a firm of solicitors and on 4 June 2010 he executed the will. The Claimant was the testator’s widow and they […]

  • 28/04/2017

    Merrix v Heart Of England NHS Foundation Trust (2017) EWHC 346 (QB)

    Well this recent judgement has certainly had everyone talking! Mrs Justice Carr had allowed an appeal concerning the significance of costs budgeting and the final costs assessment by ruling that “the answer to the preliminary issue is as follows: where a costs management order has been made, when assessing costs […]

  • 28/04/2017

    E (A Child) Re 2017 EWHC B11 (Fam) (23 February 2017)

    This case related to Public Law Proceedings commenced by the Local Authority in the High Court in relation to the child E, who was 11 years old and living in foster care under a Care Order made in June 2016.  The care plan for E was for his placement with […]

  • 28/04/2017

    D, Re [2016] EWCOP 35 (01 July 2016)

    This was an appeal against an order made on 7 January 2016 which allowed the applicant an order authorising her to execute a statutory will and to be released from the obligation to serve the papers on someone who was currently entitled to a half share of the estate on […]

  • 28/04/2017

    Re CA (Natural Delivery or Caesarean Section) [2016] EWCOP 51 (08 December 2016)

    This was a Court of Protection decision concerning a 24-year old pregnant woman (CA) with a diagnosis of autism and learning disability, and the question of how she should deliver her child. The NHS Trust sought a declaration and order that it was lawful and in CA’s best interests that […]

  • 28/04/2017

    Proportionality

    Proportionality remains an extremely important topic in the world of costs, and barely a week seems goes by without new case law coming to our attention on the subject. Since the “new” proportionality test into play in April 2013, costs have been subject to two proportionality tests, with the costs […]

  • 28/04/2017

    Private Client Updates

    Increases to Fixed Costs in the Court of Protection from 01 April 2017 Practice Direction B which supplements Part 19 of the Court of Protection Rules 2007 has recently set out the increased fixed costs that may be claimed by Solicitors & Public Authorities acting in COP proceedings and the […]

  • 26/01/2017

    HN (Out of Hours Application) [2016] EWCOP 43 (23 September 2016)

    HN suffers from depression and has some psychotic beliefs. She is detained under s3 Mental Health Act 1983 at a hospital run by the applicant NHS Trust. HN sustained a number of injuries in the course of an apparent suicide attempt, including a severe injury to her shoulder. She had […]

  • 26/01/2017

    Azim v Tradewise Insurance Services Ltd [2016] EWHC B20 (Costs) (22 August 2016)

    At detailed assessment of the Claimant’s costs payable by the Defendant, Master Leonard considered the objections of the Defendant to the validity of the assignment of a pre April 2013 CFA. The Claimant had instructed 3 firms of Solicitors under CFAs with a success fee and it was the assignment […]

  • 26/01/2017

    MM, Re [2016] EWHC 2226(Fam) (10 August 2016)

    This was an application by a Local Authority for committal for contempt of court following breach of a Court of Protection order. MM is an 80 year old man with vascular dementia who had lived in the South West for 50 years or more. He did not have the capacity […]

  • 26/01/2017

    W(Minors), Re [2016] EWHC 2226(Fam) (10 August 2016)

    This case related to Private Law Proceedings in relation to Children and Domestic Abuse.  Proceedings were commenced by the Father in the High Court in relation to his Child and Step-Child.  He sought a Prohibited Steps Order to prevent the children’s removal from the jurisdiction, a Location Order in relation […]

  • 26/01/2017

    K v K [2016] EWHC 2002 (fam) (29 July 2016)

    This Judgment was given by Mr Justice MacDonald in relation to the determination of an Appeal by the father against the Order of District Judge Robinson dated 16/03/16 and also in relation to the question of costs. The background to the proceedings was that the mother had applied to the […]

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