President of Family Division inveighs against social engineering in adoption proceedings – UK Human Rights Blog

Posted February 25th, 2015 in adoption, care orders, children, custody, drug abuse, families, family courts, human rights, news by sally

‘In a scathing judgment, the president of the Family Division has condemned as “social engineering” a local authority’s application to remove a baby boy permanently from the care of his father and place him for adoption.’

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UK Human Rights Blog, 25th February 2015

Source: www.ukhumanrightsblog.com

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‘Victims’ law’ proposals from Labour panel – BBC News

‘There needs to be a “cultural shift” in the way victims of crime in England and Wales are treated, a panel of criminal justice experts has said.’

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BBC News, 24th February 2015

Source: www.bbc.co.uk

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Personal injury: duty of care – Law Society’s Gazette

‘In December the High Court gave judgment in NA v Nottinghamshire County Council [2014] EWHC 4005 (QB). The claimant (who was born in 1977) said that while in her mother’s care she had suffered physical and emotional abuse, and that the defendant local authority had failed in their common law duty of care by failing either to remove her or protect her from the abuse.’

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Law Society’s Gazette, 23rd February 2015

Source: www.lawgazette.co.uk

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Law in Tesco (not Tesco law) – The Future of Law

‘Family proceedings involving children where neither parent had legal representation, increased by 30% in the family court in 2013-14, revealed the National Audit Office last year in a report on legal aid.’

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The Future of Law, 20th February 2015

Source: www.blogs.lexisnexis.co.uk

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Bring in blame-free divorces and rights for cohabitants, says law body – The Guardian

Posted February 23rd, 2015 in children, cohabitation, dispute resolution, divorce, equality, news by sally

‘Blame-free divorces and fairer property rights for cohabiting couples should be introduced as a matter of urgency, a leading family law organisation has urged.’

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The Guardian, 23rd February 2015

Source: www.guardian.co.uk

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Number of jailed mothers is a ‘litany of despair’ – The Independent

Posted February 23rd, 2015 in children, domestic violence, drug abuse, families, mental health, news, prisons, sentencing, women by sally

‘The number of women imprisoned in Britain every year represents a “litany of despair”, Nick Clegg will say tomorrow, in a tacit admission that the coalition has failed to tackle high rates of female incarceration.’

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The Independent, 22nd February 2015

Source: www.independent.co.uk

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JX MX v Dartford and Gravesham NHS Trust (Personal Injury Bar Association and another intervening) – WLR Daily

JX MX v Dartford and Gravesham NHS Trust (Personal Injury Bar Association and another intervening) [2015] EWCA Civ 96 ; [2015] WLR (D) 77

‘The Court of Appeal issued guidelines as to the principles which should apply, on an application for approval of a compromise of a claim of damages for personal injury brought by a child, where the court in the exercise of its power was deciding whether as a matter of necessity to withhold from the public the names of the parties to the litigation.

WLR Daily, 17th February 2015

Source: www.iclr.co.uk

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In re Z (Children) (DNA Profiles: Disclosure) – WLR Daily

In re Z (Children) (DNA Profiles: Disclosure) [2015] EWCA Civ 34; [2015] WLR (D) 76

‘On a purposive construction of sections 19 and 22 in Part II of the Police and Criminal Evidence Act 1984, biometric material seized and retained by the police could not be used or disclosed for any purpose other than criminal law enforcement, nor could a court order its disclosure for an unconnected purpose. Such a construction was compatible with the right to respect for a person’s private and family life under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 5th February 2015

Source: www.iclr.co.uk

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CA supports anonymity orders in personal injury approval hearings – UK Human Rights Blog

‘For some years there has been debate between the judges about whether anonymity orders should be made when very seriously injured people’s claims are settled and the court is asked to approve the settlement. This welcome decision of the Court of Appeal means that anonymity orders will normally be made in cases involving protected parties.’

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UK Human Rights Blog, 19th February 2015

Source: www.ukhumanrightsblog.com

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Boy, seven, died despite 18 opportunities for social services to act – The Guardian

Posted February 19th, 2015 in child abuse, children, homicide, news, reports, social services by sally

‘A seven-year-old boy died after the authorities failed for four years to take action despite 18 opportunities to step in, a Serious Case Review has found.’

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The Guardian, 18th February 2015

Source: www.guardian.co.uk

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Anonymity breakthrough in personal injury claims – Law Society’s Gazette

Posted February 18th, 2015 in anonymity, children, negligence, news, personal injuries by sally

‘Children and protected parties in medical negligence and personal injury cases should not be publicly named unless anonymity is either unnecessary or inappropriate, the Court of Appeal ruled today.’

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Law Society’s Gazette, 17th February 2015

Source: www.lawgazette.co.uk

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Judge criticises council after toddler taken into care over father’s links to English Defence League – Daily Telegraph

Posted February 18th, 2015 in care orders, case management, children, local government, news, social services by sally

‘Sir James Munby says approach taken by Darlington Borough Council “almost a textbook example of how not to pursue a care case” over fears of links to EDL.’

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Daily Telegraph, 17th February 2015

Source: www.telegraph.co.uk

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Joanna Michael: ‘Sorry isn’t good enough’ – mother – BBC News

‘The mother of a woman brutally murdered after a 999 delay has said she will take her case to the House of Commons to get “justice” for her daughter.’

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BBC News, 17th February 2015

Source: www.bbc.co.uk

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Victim told to write to vicious attacker or face jail herself – Daily Telegraph

‘A mother who was tortured for seven hours and had her throat slashed in front of her twin sons has been forced to write to her attacker, and could face jail herself if she refuses.’

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Daily Telegraph, 15th February 2015

Source: www.telegraph.co.uk

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The Rise and Rise of Damages in Human Rights Claims – Family Law Week

Posted February 13th, 2015 in care orders, children, damages, human rights, jurisdiction, news by tracey

‘Julie Stather, barrister of Westgate Chambers, considers the development of claims for damages arising from breaches of human rights in care proceedings.’

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Family Law Week, 12th February 2015

Source: www.familylawweek.co.uk

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Father wins custody battle with children’s grandparents to return them to Australia – Daily Telegraph

Posted February 12th, 2015 in children, grandparents, news, residence orders by sally

‘An Aboriginal father has defeated his children’s grandparents in his legal fight to return the infants to his native Australia after their mother died in the UK.’

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Daily Telegraph, 11th February 2015

Source: www.telegraph.co.uk

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England bans smoking in cars with children – BBC News

Posted February 12th, 2015 in children, news, smoking by sally

‘Drivers in England will be banned from smoking in their cars if they are carrying children as passengers.’

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BBC News, 11th February 2015

Source: www.bbc.co.uk

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In re M and others (Children) (Abduction: Child’s Objections) – WLR Daily

In re M and others (Children) (Abduction: Child’s Objections) [2015] EWCA Civ 26; [2015] WLR (D) 44

‘Where a court was determining, for the purposes of article 13 of the Hague Convention 1980, whether a child objected to being returned and had attained the age and degree of maturity at which it was appropriate to take account of its views, the use of sub-tests and technicality were to be avoided.’

WLR Daily, 27th January 2015

Source: www.iclr.co.uk

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Schedule 1 to The Children Act 1989: Not Just for Wags – Family Law Week

‘Anita Mehta, barrister of Crown Office Row, Brighton, argues that Schedule 1 to the Children Act 1989 applications should not be regarded as the domain of footballers’ girlfriends or the uber-wealthy but as a powerful tool for meeting children’s needs in a wide variety of cases.’

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Family Law Week, 6th February 2015

Source: www.familylawweek.co.uk

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“Nowadays not all law can be simple law; but the best law remains simple law” – Family Law Week

Posted February 11th, 2015 in appeals, child abduction, children, consent, custody, families, joinder, litigation friends, news by sally

‘Christopher Hames and Dorothea Gartland, of 4 Paper Buildings, & Nina Hansen, a partner of Freemans Solicitors, consider the important Court of Appeal judgment in Re M (Republic of Ireland) (Children’s Objection) (Joinder of Children as Parties).’

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Family Law Week, 4th February 2015

Source: www.familylawweek.co.uk

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