Does a child born to an EU national exercising free movement rights automatically acquire British citizenship? – EIN Blog

Posted January 25th, 2023 in brexit, children, citizenship, EC law, families, freedom of movement, immigration, news by sally

‘On 20 January 2023, Eyre J (“the judge”) handed down judgment in R (Roehrig) v Secretary of State for the Home Department [2023] EWHC 31 (Admin). The judge dismissed the claim. The challenge raised questions of statutory interpretation of the British Nationality Act 1981 (“the BNA 1981”) and the interrelationship between that statutory scheme and the status of EU nationals exercising free movement rights before Brexit. The judgment is likely to have significant consequences for a cohort of individuals claiming British citizenship on the basis of being born in the UK to EU nationals exercising free movement rights.’

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EIN Blog, 24th January 2023

Source: www.ein.org.uk

Mother wins legal battle over tribunal’s refusal to say why son’s killer was discharged from hospital – The Guardian

‘A woman has won a legal battle against a mental health tribunal over its refusal to provide her with the the reasons for releasing her son’s killer into the community.’

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The Guardian, 25th January 2023

Source: www.theguardian.com

What does political instability and market volatility mean for separating couples? – Family Law

‘What does political instability and market volatility mean for separating couples?’

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Family Law, 20th January 2023

Source: www.familylaw.co.uk

Girl who had limbs amputated after hospital mistake wins seven-figure payout – The Independent

Posted January 23rd, 2023 in children, compensation, families, health, hospitals, negligence, news, personal injuries by tracey

‘A girl who had all four of her limbs amputated after she was wrongfully discharged from hospital has won a multimillion-pound payout.’

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The Independent, 22nd January 2023

Source: www.independent.co.uk

Children law update – Local Government Lawyer

Posted January 20th, 2023 in appeals, children, families, family courts, local government, news by tracey

‘Michael Jones discusses a wide range of recent children law rulings from the Court of Appeal and the Family Division.’

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Local Government Lawyer, 20th January 2023

Source: www.localgovernmentlawyer.co.uk

Media get the go-ahead to report family proceedings – Law Society’s Gazette

‘Journalists will be able to report on family court proceedings for the first time as part of a new pilot in a “big cultural change” to the Family Division. The hope is that the Transparency Reporting Pilot, to be conducted at three courts, will improve transparency and accountability.’

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Law Society's Gazette, 19th January 2023

Source: www.lawgazette.co.uk

Why are there so few registered psychologists working as expert witnesses in private law proceedings – Family Law Week

Posted January 20th, 2023 in expert witnesses, families, family courts, mental health, news, psychiatrists by tracey

‘Dr Mark Hardiman, Chartered Psychologist based in The Psychology Clinic of East Anglia. Alongside his work in public law, in recent years he has developed a special interest and practice relating to high conflict post separation parenting and private law psychological assessment.’

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Family Law Week, 18th January 2023

Source: www.familylawweek.co.uk

People born of rape now recognised in Victims’ Code in England and Wales – The Guardian

Posted January 20th, 2023 in bills, children, families, Ministry of Justice, news, pregnancy, rape, sexual offences, victims by tracey

‘A woman conceived through rape, who has campaigned for a change in the law to recognise people like herself as victims, is celebrating after achieving her goal. The government has announced that the victims’ bill will extend the definition of a “victim” to include people who are born as a result of rape. It means England and Wales will be among the first in the world to officially confer victim status to children born of rape.’

Full press release

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The Guardian, 19th January 2023

Source: www.theguardian.com

Sudden unexplained death in childhood debated in Parliament – BBC News

Posted January 18th, 2023 in bereavement, children, families, news, parliament by tracey

‘The issue of children dying unexpectedly and without any known cause has been debated in Parliament for the first time.’

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BBC News, 17th January 2023

Source: www.bbc.co.uk

A mediator’s take on the Nuffield Family Justice Observatory’s latest report – Family Law

Posted January 16th, 2023 in children, dispute resolution, divorce, families, family courts, news by tracey

‘Another month, and the publishing of another detailed academic report considering the experiences of parents and their children who have been through a separation. This particular report, “Separating Families: Experiences of separation and support”, was published by the Nuffield Family Justice Observatory, with research carried out by University of Bristol. When the key findings first landed on my desk, I must say I was keen to delve into the detail having seen that the main focus of the programme of evidence was to increase understanding of private law proceedings in England and Wales, and in particular the types of support that families drew on to manage the process of separation without using the courts.’

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Family Law, 16th January 2023

Source: www.familylaw.co.uk

Victims and families call for prosecutions as contaminated blood inquiry nears end – The Guardian

Posted January 16th, 2023 in bereavement, blood products, families, inquiries, news, prosecutions, victims by tracey

‘Victims and family members affected by the contaminated blood scandal are calling for criminal charges to be considered as the public inquiry into the tragedy draws to a close. While the inquiry, which will begin to hear closing submissions on Tuesday, cannot determine civil or criminal liability, people affected by the scandal are keen for the mass of documents and evidence accumulated over more than four years to be handed over to prosecutors to see whether charges can be brought.’

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The Guardian, 16th January 2023

Source: www.theguardian.com

A5 Milton Keynes: Flooded road crash victim’s partner agrees pay-out – BBC News

Posted January 13th, 2023 in accidents, bereavement, compensation, damages, families, inquests, news, road safety, roads by tracey

‘The partner of a woman who died in a crash after driving into standing water on a main road has agreed an £850,000 settlement with Highways England, a court heard.’

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BBC News, 12th January 2023

Source: www.bbc.co.uk

Afghan refugees made to move school take UK to court – BBC News

‘A group of Afghan families brought to London after the Taliban took power are taking the government to court because a subsequent move north meant their children had to leave a local school during their GCSE studies.’

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BBC News, 22nd January 2023

Source: www.bbc.co.uk

Court of Appeal makes “unusual order” allowing appeal over refusal to make person party to care proceedings – Local Government Lawyer

‘The Court of Appeal has allowed an appeal over a Family Court judge’s refusal of an application by an appellant non-relative, Mr B, to become a party to care proceedings.’

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Local Government Lawyer, 10th January 2023

Source: www.localgovernmentlawyer.co.uk

Report Summary – Children and Families Act 2014: A failure of implementation – Spire Barristers

Posted January 10th, 2023 in chambers articles, children, families, news, reports by sally

‘Spire Barristers’ pupils Lauren Gardner and Eleanor Suthern discuss The House of Lords Children and Families Act 2014 Committee published report “Children and Families Act 2014: A failure of implementation” in which Joint Head of Chambers, Sarah Blackmore was called to give evidence as a leading practitioner in the field of Family Law and the author of the practitioner text Family Justice Reformed – Developments since the Children’s & Families Act 2014.’

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Spire Barristers, 9th December 2022

Source: spirebarristers.co.uk

Cambridgeshire County Council to pay compensation over ‘unprofessional’ carer – BBC News

‘Cambridgeshire County Council is to compensate the family of a woman whose carer “wailed” on the floor after she was told of her client’s death.’

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BBC News, 9th January 2023

Source: www.bbc.co.uk

The ‘Syringe Method’ of Surrogacy and the Law – Family Law Week

Posted January 6th, 2023 in artificial insemination, children, families, family courts, news, pregnancy, surrogacy by tracey

‘Nathan Baylis, a pupil barrister at 4 Brick Court, provides a guide to the legal recognition of at-home artificial insemination in surrogacy arrangements.’

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Family Law Week, 15th December 2022

Source: www.familylawweek.co.uk

Case Comment: Khan v Meadows [2021] UKSC 21 – UKSC Blog

‘In this post Rebecca Khan, a Legal Support Assistant at Matrix Chambers, comments on the case of Khan v Meadows [2021] UKSC 21 – handed down on the 18th of June 2021. This appeal raised important questions about the application of the scope of duty principle in clinical negligence cases. The judgment is handed down together with the court’s judgment in Manchester Building Society v Grant Thornton UK LLP [2021] UKSC 20.’

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UKSC Blog, 4th January 2023

Source: ukscblog.com

Domestic Violence Indefinite Leave to Remain (DVILR) of the Immigration Rules breaches Article 14 of the ECHR – EIN Blog

Posted January 4th, 2023 in domestic violence, families, human rights, immigration, judicial review, news by sally

‘In these judicial review proceedings, Lieven J held that Appendix FM, specifically the Domestic Violence Indefinite Leave to Remain (DVILR) of the Immigration Rules, and the differential treatment between victims of spousal abandonment inside and outside the UK is not justified and therefore breaches of Article 14 of the ECHR and the Human Rights Act 1998. The fact that the rules protected victims of spousal abandonment if they were present in the UK when they were abandoned, but not if they were outside the UK having been tricked or coerced by their abusive spouse, severely impacted the article 8 rights of the latter victims and could not be justified by the SSHD. AM, the claimant was a national of Pakistan born in 1991. In 2017 she married IM, a British citizen, and she arrived in the UK in December 2017 on a spouse visa valid until August 2020. In December 2018 she gave birth to a daughter. She was subjected to very severe financial, physical, emotional and sexual domestic abuse and, sitting in the Family Division of the High Court, Theis J made findings of very serious domestic abuse against the father. The violence inflicted by IM on AM had resulted in severe and long-lasting physical harm including the removal of one of her ovaries and also a diagnosis of achalasia type 2, which resulted in a weight loss of over 30 kilos.’

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EIN Blog, 3rd January 2023

Source: www.ein.org.uk

Kaylea Titford: Mother admits manslaughter of obese daughter – BBC News

‘A mother has admitted the manslaughter of her teenage daughter after letting her become morbidly obese.’

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BBC News, 20th December 2022

Source: www.bbc.co.uk