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  • Clarke v Allen & Anor [2019] EWHC 1193 (Ch) The widow brought claims against the two daughters of her deceased husband. Deputy Master Linwood found that the will did not make reasonable financial provision for her, and awarded the widow her proposed nursing home charges plus an amount for pension loss, totalling £731,309. One daughter’s conduct included financial abuse, oppression via court proceedings, and attempting to mislead various parties including the court. She had flouted court orders, dissipated savings and investments, and failed to account for her activities as executor, the holder of the power of attorney and the recipient of rent. He drew adverse inferences against her and found that she should forfeit £80,000 of her share of the residue to the widow. The other daughter would forfeit £1000. Judgment, 08/07/2019, free
  • AEY (Permission to Appeal Civil Restraint Order) [2018] EWHC 3253 (Fam) The father of the two girls, one of whom was in voluntary care, the other living with the mother, had made serious and unfounded allegations against the mother and HHJ Tolson QC. He was now making multiple applications for permission to appeal. Knowles J decided that all the applications were without merit, and none should be granted. He made an extended civil restraint order preventing the father from making any further applications. Judgment, 08/07/2019, free
  • S v D (Hague Convention: Domestic Abuse: Undertakings: Return to Third State) [2019] EWHC 56 (Fam) In a tweet: Successful application by a father (“F”) for return of the child to a state other than the one in which the family had been habitually resident when the wrongful removal occurred. Case note, 08/07/2019, members only
  • A (Foreign Adoption Recognition) [2018] EWHC 3468 (Fam) In brief: A successful application for recognition of an adoption order made in the Philippines in 2006 in which the judge found that the four pre-requisites to recognition of adoption in common law, as set out in Re N (Recognition of a Foreign Adoption) [2016] EWHC 3085, had been met. The Secretary of State for the Home Department was joined as an interested party because the outcome of the decision impacted the family’s prospects of applying to live in the UK. Case note, 08/07/2019, members only
  • AH (Mother) and AMH (Father) [2018] EWCH 2981 (Fam) In brief: The mother’s (“M”) application for a summary return of the parties’ son to the Republic of Sudan (a non-Hague Convention country) was allowed by the judge. The judgment is helpful in distilling the legal principles applicable in the context of a non-Convention application, as well as summarising neatly the key considerations to be assessed and weighed in determining a child’s habitual residence. Case note, 08/07/2019, members only
  • YC v AC [2018] EWHC 2406 (Fam) In a tweet: Successful application made under the Hague Child Abduction Convention despite a delay where mother (“M”) had been unaware of the Convention prior to her application. Case note, 08/07/2019, members only
  • AR v JR [2018] EWHC 3626 (Fam) In a tweet: H’s application to strike out W’s FR claim on the grounds it was vexatious/already compromised was dismissed. Case note, 04/07/2019, members only
  • BC v BG [2019] EWFC 7 In a tweet: The courts’ poor service - which had effectively forced the parties into arbitration – did not dilute the magnetic importance of the arbitration agreement. Case note, 04/07/2019, members only
  • Liberato v Grigorescu (C-386/17) EU:C:2019:24 In a tweet: Does breach of the lis pendens rule mean that a judgment cannot be recognised? Case note, 04/07/2019, members only
  • Working group, set up by President of the Family Division, meet to discuss medical experts in family proceedings Symposium taking place on 4th July. News, 04/07/2019, free

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