The Divorce, Dissolution and Separation Bill – Family Law

Posted October 14th, 2019 in bills, divorce, families, marriage, news by tracey

‘Over the past 12 months, there has been much media coverage regarding reforming this country’s divorce system. To date, concerns about protecting the sanctity and institution of marriage have prevented the law from keeping up with the modern family and changing societal values. However, following the high profile case of Owens v Owens the government proposed changes to legislation in September 2018. Stewarts took part in the consultation on these changes, and here, Lucy Gould discusses the proposed legislation and its historical context.’

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Family Law, 11th October 2019

Source: www.familylaw.co.uk

Son who fatally stabbed his parents over dog dispute sentenced – Crown Prosecution Service

Posted October 14th, 2019 in families, guilty pleas, murder, news, sentencing by tracey

‘A son who confessed to killing both of his parents in a row about his dog has been sentenced to life imprisonment.’

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Crown Prosecution Service, 11th October 2019

Source: www.cps.gov.uk

Financial Remedy & Divorce Update, October 2019 – Family Law Week

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during September 2019.’

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Family Law Week, 10th October 2019

Source: www.familylawweek.co.uk

Mark Duggan shooting: family settle high court claim against Met – The Guardian

‘The family of Mark Duggan, whose killing sparked civil unrest across England in 2011, have settled a high court claim against the Metropolitan police.’

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The Guardian, 10th October 2019

Source: www.theguardian.com

Ben Stokes takes legal action against Sun over story of family tragedy – The Guardian

Posted October 11th, 2019 in families, freedom of expression, media, news, privacy, sport by tracey

‘Ben Stokes and his mother, Deborah, have launched legal action against the Sun for invasion of privacy, after the newspaper last month published a front-page story detailing a tragedy involving the England cricketer’s family.’

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The Guardian, 10th October 2019

Source: www.theguardian.com

Cafcass backs renewed focus on pre-proceedings work in public law children cases – but rejects direct role – Local Government Lawyer

‘Cafcass has said it supports a renewed focus on pre-proceedings work and managing risk in public law children cases, with more emphasis on gaining and recording the wishes and feelings of children at that stage.’

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Local Government Lawyer, 9th October 2019

Source: www.localgovernmentlawyer.co.uk

‘Devoted’ Windrush sisters face separation because of birth dates – The Guardian

Posted October 7th, 2019 in citizenship, deportation, families, government departments, immigration, news by tracey

‘Two Windrush sisters who describe themselves as “inseparable” face being split up by the Home Office because of their different dates of birth.’

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The Guardian, 6th October 2019

Source: www.theguardian.com

Shaken baby syndrome cases ‘tip of the iceberg’ – BBC News

‘More than 220 infants in the UK were killed or injured as a result of being shaken in the past decade, analysis of NSPCC figures has found. Serious case reviews were carried out on 1,253 children, with nearly one in six of those reports concluding the youngster had suffered a brain injury. The charity said it believed that number was “the tip of the iceberg”.

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BBC News, 7th October 2019

Source: www.bbc.co.uk

Tafida Raqeeb: Brain-damaged girl can go abroad for treatment – BBC News

Posted October 3rd, 2019 in children, doctors, families, islamic law, medical treatment, news by tracey

‘The parents of a brain-damaged girl will be allowed to take her abroad to continue her treatment, the High Court has ruled.’

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BBC News, 3rd October 2019

Source: www.bbc.co.uk

Capitalised maintenance: a court-free solution? – Family Law

‘The court’s unpredictable approach means alternative resolution could be the logical choice, argue Kim Beatson and Victoria Brown.’

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Family Law, 2nd October 2019

Source: www.familylaw.co.uk

Mother sentenced for making false disability claims for her son who was in the Philippines – Crown Prosecution Service

Posted October 3rd, 2019 in benefits, children, disabled persons, families, fraud, news, sentencing by tracey

‘A woman who claimed her son was living in the loft when he had moved to the Philippines has been sentenced for dishonestly claiming thousands of pounds of benefits for him.’

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Crown Prosecution Service, 1st October 2019

Source: www.cps.gov.uk

Can parents agree to a 16 year old being detained? – Transparency Project

‘As a result of a new Supreme Court judgment, local authorities will no longer be able to offer residential care, with parents’ agreement, to 16 and 17 year olds where they are supervised and not free to leave – unless there is a court order. This decision potentially affects many thousands of teenagers who are in supportive placements.’

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Transparency Project, 28th September 2019

Source: www.transparencyproject.org.uk

What is a“Mother”, in law? – UK Human Rights Blog

‘A person who undergoes the physical and biological process of carrying a pregnancy and giving birth, irrespective of gender? This was the ruling of the Rt. Hon. Sir Andrew McFarlane P, President of the Family Division, on 25th September in TT, R(on the application of) v The Registrar General for England and Wales [2019] EWHC 2384 (Fam) . He decided that the Claimant, (known as “TT”), who was legally recognised as male at the time of giving birth to his child, (“YY”), is correctly registered as “mother” on YY’s birth certificate.’

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UK Human Rights Blog, 30th September 2019

Source: ukhumanrightsblog.com

‘I struggled to do my mum justice at her inquest’ – BBC News

‘Every year, mental health trusts spend millions of pounds employing lawyers to represent them at inquests, where they could be found to be at fault. The relatives of those who have died, however, often get no legal aid and have to stand up and face those lawyers alone. Becky Montacute describes her bid to ensure that the lessons from her mother’s death were learned.’

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BBC News, 1st October 2019

Source: www.bbc.co.uk

Majority of care cases continue to miss 26-week deadline – Law Society’s Gazette

‘The average time it takes to conclude care proceedings remains significantly high, according to latest quarterly statistics published today. Figures released by the Ministry of Justice, covering April to June, show that the average time for a care and supervision case to reach first disposal remained the same as it did for January to March – 33 weeks. This is the longest average time since the last quarter of 2013.’

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Law Society's Gazette, 26th September 2019

Source: www.lawgazette.co.uk

Widow’s fight to get partner’s name on birth certificate- BBC News

Posted September 27th, 2019 in bereavement, birth certificates, children, cohabitation, equality, families, news, paternity, widows by tracey

‘A woman whose partner died while she was pregnant has said she suffered “emotional trauma” fighting through the courts to put his name on their child’s birth certificate.’

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BBC News, 27th September 2019

Source: www.bbc.co.uk

MoD still treating some military personnel in an ‘immoral’ way with ‘no accountability for incompetence’ say MPs – Daily Telegraph

Posted September 26th, 2019 in armed forces, families, news, remuneration by tracey

‘The MoD has been accused of being “immoral and incompetent” as MPs say it is failing to uphold the Armed Forces covenant. The Defence Select Committee says the government has yet to tackle major concerns raised in its previous reports on the Armed Forces Covenant, according to its latest update which is published today.’

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Daily Telegraph, 25th September 2019

Source: www.telegraph.co.uk

Trans man loses landmark court fight to be called father instead of mother on baby’s birth certificate – The Independent

‘The first transgender man to give birth has lost a landmark court battle that would have seen him become the first person in Britain to be listed as the child’s father instead of its mother after having a child.’

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The Independent, 25th September 2019

Source: www.independent.co.uk

Derivative actions and unfair prejudice petitions, by Georgina Squire – Law Society Gazette

‘Shareholder claims principally consist of unfair prejudice petitions (UPPs), instigated by members on their own behalf, and derivative actions (DAs), brought by the members on behalf of the company. Dinglis v Dinglis [2019] and Tonstate Group Ltd and Ors v Edward Wojakovski [2019] have developed the law surrounding a shareholder’s ability to bring UPPs and DAs. They involve family-run companies, providing cautionary tales for family members who choose not to formalise matters sufficiently.’

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Law Society Gazette, 23rd September 2019

Source: www.lawgazette.co.uk

Inquisitorial inquests and barrister-blaming – Counsel

‘Families have no automatic right to legal aid at inquests where the state may be implicated and legal aid is means tested. Thus at many such hearings, the family fends for itself while culpable public bodies are represented at taxpayers’ expense.’

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Counsel, September 2019

Source: www.counselmagazine.co.uk