Court of Protection Update (January 2015) – Family Law Week

‘In this update Sally Bradley and Julia Townend, barristers of 4 Paper Buildings, focus on the applicable procedure for cases in which urgent and serious medical treatment is required.’

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Family Law Week, 16th January 2015

Source: www.familylawweek.co.uk

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Connor Doughton gets life sentence for Michael Lee Emmett murder – BBC News

Posted January 15th, 2015 in alcohol abuse, learning difficulties, murder, news, sentencing by sally

‘A teenager who murdered a father-of-three has been told he will spend at least 15 years behind bars.’

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BBC News, 15th January 2015

Source: www.bbc.co.uk

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Munby: legal aid system ‘neither compassionate nor humane’ – Law Society’s Gazette

Posted January 8th, 2015 in adoption, delay, judges, learning difficulties, legal aid, news by sally

‘The president of the Family Division has described as ‘unconscionable’ delays over legal aid funding which have held up a case concerning the removal of a child from his parents.’

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7th January 2015

Source: www.lawgazette.co.uk

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Parents’ legal aid wait to fight enforced adoption of son inhumane, says judge – The Guardian

Posted January 8th, 2015 in adoption, delay, learning difficulties, legal aid, legal representation, news by sally

‘A couple left in “agony” to fight against the enforced adoption of their three-year-old son could be forgiven for thinking they are trapped in a system which is “neither compassionate nor even humane,” the most senior family court judge in England and Wales has said.’

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The Guardian, 7th January 2015

Source: www.guardian.co.uk

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Man banned from having sex with wife by High Court judge – Daily Telegraph

‘Bangladeshi man claims he has right under his culture to have sex with wife, who has mental age of a child, whenever he pleases and she has no right to refuse.’

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Daily Telegraph, 17th December 2014

Source: www.telegraph.co.uk

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Supreme Court homeless appeals – Law Society’s Gazette

‘Three landmark appeals being heard this week should clarify who is ‘vulnerable’ and entitled to priority rehousing by local authorities.’

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Law Society’s Gazette, 16th December 2014

Source: www.lawgazette.co.uk

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Supreme Court to hear challenge to key test on homelessness and vulnerability – Local Government Lawyer

‘The Supreme Court will next week hear three cases where homeless applicants for housing assistance are seeking to challenge the Pereira test of vulnerability.’

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Local Government Lawyer, 11th December 2014

Source: www.localgovernmentlawyer.co.uk

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Deportation of Lebanese man with Down’s ‘inhumane’ – Vince Cable – The Guardian

Posted November 7th, 2014 in appeals, deportation, human rights, immigration, learning difficulties, news by tracey

‘The proposed deportation of a Lebanese man with Down’s syndrome has been branded “fundamentally inhumane” by the business secretary, Vince Cable. Wadih Chourey, 44, has lived in Twickenham, south-west London, for the past 17 years after seeking refuge from abuse in Beirut. But both his parents have since died and his brother Camil, 52, said he would be unable to care for himself in Lebanon.’

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The Guardian, 6th November 2014

Source: www.guardian.co.uk

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Brian Philip Telchadder (Appellant) v Wickland Holdings Limited (Respondent) – Supreme Court

Brian Philip Telchadder (Appellant) v Wickland Holdings Limited (Respondent) [2014] UKSC 57 (YouTube)

Supreme Court, 5th November 2014

Source: www.youtube.com/user/UKSupremeCourt

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Newport ‘slavery’ victim Darrell Simester speaks of ordeal – BBC News

Posted November 4th, 2014 in forced labour, gipsies, learning difficulties, news, victims by sally

‘It was a case that lifted the lid on modern day “slavery” in Wales. David Daniel Doran was jailed last month for forcing a vulnerable man to work unpaid at a farm near Newport. Now as BBC Wales’ Week In Week Out programme delves further into the case, we take an look at some of the issues raised.’

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BBC News, 4th November 2014

Source: www.bbc.co.uk

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Judge attacks legal aid cuts as couple fight to keep their son – The Independent

‘One of Britain’s most senior judges has launched a withering attack on cuts to legal aid after a couple with learning disabilities was not provided with a lawyer to fight the forced adoption of their two-year-old son.’

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The Independent, 31st October 2014

Source: www.independent.co.uk

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Farmer David Doran jailed for enslaving ‘vulnerable’ man for 13 years – The Independent

Posted October 27th, 2014 in forced labour, learning difficulties, news, sentencing by sally

‘A horse breeder who forced a vulnerable man to work on his farm for 13 years without pay has been jailed for four-and-a-half years.’

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The Independent, 24th October 2014

Source: www.independent.co.uk

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Cognitive Deficit, Capacity And Quantum: A fresh look at how to approach cognitive deficit in PI claims – Zenith PI Blog

Posted October 21st, 2014 in appeals, citizenship, fraud, learning difficulties, news, personal injuries by sally

‘The Court of Appeal found a significant cognitive deficit, and consequent lack of capacity, notwithstanding recent evidence of minimal cognitive dysfunction, resulting in damages of equivalent to £2.3 million on a full liability basis.’

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Zenith PI Blog, 21st October 2014

Source: www.zenithpi.wordpress.com

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Denial of legal aid in Court of Protection cases “a false economy”, says judge – Local Government Lawyer

‘Denying individuals legal aid for complex Court of Protection cases is a false economy, a High Court judge has warned.’

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Local Government Lawyer, 8th October 2014

Source: www.localgovernmentlawyer.co.uk

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European Convention on Human Rights: What has it ever done for us? – The Independent

‘As the Tories attempt to dilute the treaty’s authority in the UK, James Cusick takes a look at the difference it has made.’

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The Independent, 3rd October 2014

Source: www.independent.co.uk

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Court of Protection judge slams council for depriving autistic woman of her liberty – Local Government Lawyer

‘A judge has accused a county council of “a systemic failure” in a strongly-worded ruling in which he found the authority to have wrongfully deprived a 19-year-old autistic woman of her liberty and breached her human rights.’

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Local Government Lawyer, 24th September 2014

Source: www.localgovernmentlawyer.co.uk

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Four guilty of killing Dean Mayley in Greenford mugging – BBC News

Posted August 29th, 2014 in attempts, homicide, learning difficulties, murder, news, robbery, young offenders by tracey

‘Four teenagers have been convicted at the Old Bailey of killing a man with a mental age of nine who was stabbed during a mugging in west London.’

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BBC News, 28th August 2014

Source: www.bbc.co.uk

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Parents accused of ‘emotionally harming’ child by not naming him, win right to appeal – Daily Telegraph

Posted August 4th, 2014 in adoption, appeals, care homes, children, learning difficulties, names, news by sally

‘A couple from Hertfordshire who had their five-month-old baby taken off them because they refused to name him, have won the right to appeal the decision.’

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Daily Telegraph, 1st August 2014

Source: www.telegraph.co.uk

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Regina (OP) v Secretary of State for Justice (Just for Kids Law intervening) – WLR Daily

Regina (OP) v Secretary of State for Justice (Just for Kids Law intervening) [2014] EWHC 1944 (Admin); [2014] WLR (D) 348

‘It might be a necessary requirement to provide a full registered (rather than non-registered) intermediary when an individual of special vulnerability, who was in jeopardy by reason of being before the courts upon criminal accusation, came to give evidence, as such a person should be put in the best position to do themselves justice.’

WLR Daily, 13th June 2014

Source: www.iclr.co.uk

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High Court makes adoption call for baby with no name – BBC News

Posted May 27th, 2014 in adoption, care orders, learning difficulties, names, news, social services by sally

‘A baby with no name is to be placed for adoption after a High Court judge highlighted concerns about his father’s hostility to social workers.’

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BBC News, 25th May 2014

Source: www.bbc.co.uk

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