Lim (An infant) v Walia – WLR Daily

Posted July 30th, 2014 in appeals, bereavement, families, insurance, law reports, wills by sally

Lim (An infant) v Walia [2014] EWCA Civ 1076; [2014] WLR (D) 339

‘Where the deceased had a contingent right, immediately before her death subject to proof, to have the benefit under a joint life policy brought forward because of a terminal illness, but her death brought that right to an end, there was no interest of any value to be treated as part of her estate under section 9(1) of the Inheritance (Provision for Family and Dependants) Act 1975.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk

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Children: Public Law Update (July 2014) – Family Law Week

Posted July 25th, 2014 in care orders, case management, children, DNA, families, jurisdiction, news by tracey

‘John Tughan, barrister, of 4 Paper Buildings reviews recent important judgments in public law children cases.’

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Family Law Week, 24th July 2014

Source: www.familylawweek.co.uk

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Police chiefs were aware six years ago that undercover unit ‘had lost moral compass’ – The Guardian

Posted July 25th, 2014 in families, firearms, news, police, spying, victims by tracey

‘The Scotland Yard undercover unit that gathered intelligence on 18 grieving families was known by police chiefs six years ago to have been so out of control it had “lost [its] moral compass” and become a “force within a force”.’

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The Guardian, 24th July 2014

Source: www.guardian.co.uk

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Tahir v Ministero dell’Interno and another – WLR Daily

Posted July 23rd, 2014 in EC law, families, freedom of movement, law reports by michael

Tahir v Ministero dell’Interno and another (Case C-469/13) ECLI:EU:C:2014:2094;  [2014] WLR (D)  322

‘Articles 4(1) and 7(1) of Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ 2004 L16, p 44) (as amended) meant that family members of a person who had already acquired long-term resident status could not be exempted from the condition laid down in article 4(1), under which, in order to obtain that status, a third-country national had to have resided legally and continuously in the member state concerned for five years immediately prior to the submission of the relevant application. Article 13 did not allow a member state to issue family members, as defined in article 2(e), with long-term residents’ EU residence permits on terms more favourable than those laid down by the Directive.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

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Man and former wife abused their children, court hears – BBC News

Posted July 18th, 2014 in assault, child abuse, families, news, sexual offences by tracey

‘A separated couple have been convicted of sexually and physically abusing their children. The man and his former wife were convicted of sexual and physical assaults on children in the Merthyr Tydfil and Caerphilly areas but cleared of rape. A second man was acquitted.’

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BBC News, 17th July 2014

Source: www.bbc.co.uk

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In re D (Children) (CAFCASS: Safeguarding Checks) – WLR Daily

In re D (Children) (CAFCASS: Safeguarding Checks); [2014] EWHC 2376 (Fam); [2014] WLR (D) 312

‘Whether, in private family law proceedings, safeguarding inquiries should be conducted about third parties, such as partners, would depend on the precise circumstances of the various relationships. In practice, it would be expected that co-operation for such inquiries would generally be sought in respect of partners of the parties and if such a partner did not give his or her consent, an application to the court would usually be made by CAFCASS in its discretion.’

WLR Daily, 20th June 2014

Source: www.iclr.co.uk

 

 

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Regina (MM (Lebanon)) v Secretary of State for the Home Department; Regina (Majid) v Same; Regina (Javed) v Same – WLR Daily

Posted July 15th, 2014 in appeals, families, human rights, immigration, law reports, proportionality by tracey

Regina (MM (Lebanon)) v Secretary of State for the Home Department; Regina (Majid) v Same; Regina (Javed) v Same; [2014] EWCA Civ 985; [2014] WLR (D) 308

‘When applied to either recognised refugees or British citizens, Appendix FM of the Statement of Changes in Immigration Rules (HC 395), as inserted, which prevented entry clearance being granted to a party to a marriage where the income of the sponsor did meet the minimum threshold, was not a disproportionate interference with the right to respect for family life under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily 11th July 2014

Source: www.iclr.co.uk

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Bar Council reveals preliminary findings of its impact of LASPO survey – The Bar Council

‘The Bar Council, which represents barristers in England and Wales, has today presented its preliminary findings from a major survey conducted to assess the impact of the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) 2012.’

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The Bar Council, 12th July 2014

Source: www.barcouncil.org.uk

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Judge criticises police for investigating ‘outrageous’ mother and daughter spat – Daily Telegraph

Posted July 14th, 2014 in damages, estate agents, families, harassment, news, police, theft by sally

‘Nicola Low, 71, and her daughter, Caroline Baines, 40, ran an estate agent together before their relationship ended in a spectacular fall out.’

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Daily Telegraph, 11th July 2014

Source: www.telegraph.co.uk

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Sex offender avoids deportation by claiming ‘right to family life’ with kids he’ll never see – Daily Telegraph

Posted July 14th, 2014 in deportation, families, human rights, news, sexual offences by sally

‘A foreign sex offender has been allowed to remain in Britain because of his “right to family life” with his two young children, even though they are about to be adopted.’

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Daily Telegraph, 13th July 2014

Source: www.telegraph.co.uk

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Appeal court: if you earn £18,600 a year your foreign spouse can live in UK – The Guardian

Posted July 14th, 2014 in appeals, families, immigration, married persons, news, remuneration by sally

‘The Court of Appeal has dismissed a legal challenge to Home Office rules for UK citizens who want their overseas spouses to live with them in Britain, affecting more than 3,600 families.’

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The Guardian, 11th July 2014

Source: www.guardian.co.uk

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Family comes first (even if they’re in Poland) – UK Human Rights Blog

Posted July 11th, 2014 in adoption, appeals, care orders, families, grandparents, human rights, news by sally

‘In this successful appeal against care and placement orders in respect of a young infant with Polish parents, the Court of Appeal were sharply critical of comments made by the first instance judge which made it clear he had closed his mind at an early stage to the possibility of the baby being looked after by her grandparents in Poland. The Court held that both the judge and the local authority had failed to give sufficient weight to their positive obligation under Article 8 to consider ways of retaining a child within the family.’

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UK Human Rights Blog, 10th July 2014

Source: www.ukhumanrightsblog.com

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Missing persons’ law coming into force – Ministry of Justice

Posted July 10th, 2014 in families, missing persons, news, presumption of death orders by sally

‘Families of missing people will be given new help to cope with the complex legal and financial issues they face.’

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Ministry of Justice, 9th July 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

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Another “Bedroom Tax” Challenge Fails – UK Human Rights Blog

‘At the end of May, the High Court ruled that the reduction in Housing Benefit under Regulation B13 of Housing Benefit (Amendment) Regulations – commonly dubbed “the bedroom tax” – did not unlawfully discriminate against a family with a disabled child requiring an additional bedroom for overnight careers because the shortfall was covered by discretionary housing payments.’

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UK Human Rights Blog, 4th July 2014

Source: www.ukhumanrightsblog.com

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Family-abuse children ‘unprotected’, commissioner warns – BBC News

Posted July 3rd, 2014 in child abuse, families, inquiries, news, reports, sexual offences by sally

‘”Alarming gaps” in knowledge about abuse within families mean “substantial numbers” of children are not adequately protected, England’s deputy children’s commissioner Sue Berelowitz has said.’

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BBC News, 3rd July 2014

Source: www.bbc.co.uk

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Father on trial over death of son 12 years after shaking him as a baby – The Guardian

Posted July 3rd, 2014 in child abuse, families, grievous bodily harm, homicide, news by sally

‘A father who caused catastrophic brain injuries to his newborn baby has gone on trial for manslaughter following the child’s death 12 years later.’

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The Guardian, 2nd July 2014

Source: www.guardian.co.uk

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Exceptional cases: High Court widens scope of LASPO and declares guidance unlawful – Legal Aid Handbook

‘The High Court recently gave judgement in Gudanaviciene & Ors v Director of Legal Aid Casework & Anor [2014] EWHC 1840 (Admin).’

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Legal Aid Handbook, 1st July 2014

Source: www.legalaidhandbook.com

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Son sues mother after she squanders £50,000 July 7 compensation payout – Daily Telegraph

Posted July 1st, 2014 in appeals, compensation, families, news by sally

‘Adam Gray, whose father died in the London Underground bombings, took legal action against his mother, Louise, who lavished the money on home renovations, seven chihuahuas and meals at the Ritz.’

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Daily Telegraph, 30th June 2014

Source: www.telegraph.co.uk

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Criminalising Forced Marriage – The Deterrent Effect – Family Law Week

Posted June 27th, 2014 in crime, families, forced marriages, marriage, news, prosecutions, victims by tracey

‘Danish Ameen, barrister of 18 St John Street Chambers, considers the impact of the criminalisation of forced marriage which came into effect on the 16th June 2014.’

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Family Law Week, 26th June 2014

Source: www.familylawweek.co.uk

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Children: Private Law Update – Family Law Week

Posted June 25th, 2014 in children, divorce, families, news by sally

‘Alex Verdan QC of 4 Paper Buildings considers recent judgment in private law children cases.’

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Family Law Week, 25th June 2014

Source: www.familylawweek.co.uk

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