Barder: Where are we now? – Family Law

‘Few would have thought back on 1 March 2020 that we would, some 12 months later, be facing the first birthday of the strictest restrictions on personal freedoms in living memory. As we approach the anniversary of the first lockdown on 23 March 2020, it seems appropriate that we reconsider one of key questions of family lawyers back in Spring 2020, that of whether the pandemic was likely to satisfy the principles set down in the 1987 case of Barder v Barder [1987] 2 FLR 480. Unprecedented times, there is no doubt, but unprecedented enough to constitute a Barder event?’

Full Story

Family Law, 12th March 2021

Source: www.familylaw.co.uk

Contact after Findings of Domestic Abuse – Family Law Week

‘Teena Dhanota-Jones, Consultant at Simons Muirhead Burton, analyses a recent case involving the interplay of the law on contact and Practice Direction 12J on domestic abuse.’

Full Story

Family Law Week, 10th March 2021

Source: www.familylawweek.co.uk

Judge says recent case shows how exceptional circumstances must be if court is to use its power to dismiss care proceedings without having heard all the evidence – Local Government Lawyer

‘A Family Court judge has refused applications to dismiss care proceedings at a half-way stage made by a number of people accused of sexual offences against children.’

Full Story

Local Government Lawyer, 12th March 2021

Source: www.localgovernmentlawyer.co.uk

Partners and Confiscation – Carmelite Chambers

‘Data from 2019 suggests that 26% of prosecutions brought against women, of which only 10% are for indictable offences. The same data indicates that women account for just 5% of the prison population.’

Full Story

Carmelite Chambers, March 2021

Source: www.carmelitechambers.co.uk

Ground Rules – Vulnerable witnesses – Becket Chambers

Posted March 10th, 2021 in chambers articles, children, families, news, practice directions, witnesses by sally

‘We have a new Practice Direction 3AA which covers participation in proceedings for vulnerable person who will be required to give evidence, which is effective from February 2021.’

Full Story

Becket Chambers, 26th February 2021

Source: becket-chambers.co.uk

Partners and Confiscation – Carmelite Chambers

‘Richard Furlong and Alexandra Scott provide a brief guide to defending wives and partners in confiscation proceedings.’

Full Story

Carmelite Chambers, 10th March 2021

Source: www.carmelitechambers.co.uk

Ellie’s Law: Parents of murdered girl win sentencing fight – BBC News

‘A mother who fought to change the law around murder says her daughter would be “very proud”.’

Full Story

BBC News, 9th March 2021

Source: www.bbc.co.uk

Widow sues NHS over deaf husband’s ‘diabolical’ care – The Guardian

‘A woman is taking legal action against an NHS trust over the “diabolical” and discriminatory treatment of her profoundly deaf husband, who died of cancer in May last year.’

Full Story

The Guardian, 7th March 2021

Source: www.theguardian.com

Coercive and Controlling Behaviours: How are they to be dealt with in fact finding hearings after the recent case of F v M? – Becket Chambers

‘Allegations of domestic abuse are usually raised from the outset by either the applicant or respondent in private law proceedings. Further allegations may be raised at the safeguarding stage, with recommendations by Cafcass as to whether there should be a fact finding hearing, before final resolution of the case.’

Full Story

Becket Chambers, 3rd March 2021

Source: becket-chambers.co.uk

Money for Nothing? Crypto-assets and their Implications in Matrimonial and Private Client Work – Family Law Week

‘Helen Brander, barrister of Pump Court Chambers, considers the current treatment by the courts and taxation authorities of crypto-assets.’

Full Story

Family Law week, 3rd March 2021

Source: www.familylawweek.co.uk

Would receipt of a Covid-19 vaccine be in a mentally incapacitated person’s best interests when other treatments are proposed by a family member? – Garden Court Chambers

‘V is in her early 70s and resides in a care home. She has Korsakoff’s syndrome. SD, V’s daughter, sought a declaration that it would not be in V’s best interests to administer a Covid-19 vaccine to V. The local authority argued it was in V’s best interests to receive the vaccine.’

Full Story

Garden Court Chambers, 26th February 2021

Source: www.gardencourtchambers.co.uk

Judge rules council breached ECHR rights of orthodox Jewish 15-year-old boy – but not his brother – over proposal for respite placement accommodation – Local Government Lawyer

‘A High Court judge has handed down a ruling in a disagreement over whether two boys should be given respite placement accommodation in a residential home in the Greater Manchester area or in an exclusively orthodox Jewish residential home in London.’

Full Story

Local Government Lawyer, 2nd March 2021

Source: www.localgovernmentlawyer.co.uk

Police watchdog says Mohamud Hassan may have been injured during disturbance at home – The Guardian

‘The police watchdog investigating the arrest of a man who died suddenly after being released from custody, have indicated he could have suffered injuries during a large disturbance at his home the night before his death.’

Full Story

The Guardian, 2nd March 2021

Source: www.theguardian.com

‘Failure to remove’ claims – the decision in HXA v Surrey County Council – Local Government Lawyer

‘Paul Stagg analyses an important decision this month on “failure to remove” claims and also summarises the other case law to date, before looking at pending cases and the likely way forward to the higher courts.’

Full Story

Local Government Lawyer, 26th February 2021

Source: www.localgovernmentlawyer.co.uk

High Court rejects application by mother to prevent local authority from imposing vaccinations on child in foster care – Local Government Lawyer

‘A High Court judge has rejected a mother’s application, supported by the father, to prevent a local authority from imposing a programme of vaccinations on a child in foster care without their consent.’

Full Story

Local Government Lawyer, 26th February 2021

Source: www.localgovernmentlawyer.co.uk

New laws to protect victims added to Domestic Abuse Bill – Home Office

‘A raft of new amendments to the Domestic Abuse Bill will be presented, providing greater protections for victims and further clamping down on perpetrators.’

Full press release

Home Office, 1st March 2021

Source: www.gov.uk/home-office

Non-fatal strangulation to carry five years in prison under reforms – The Guardian

‘Ministers will make non-fatal strangulation a specific criminal offence punishable by five years’ imprisonment following pressure from campaigners.’

Full Story

The Guardian, 1st March 2021

Source: www.theguardian.com

What is a Cohabitation Agreement, and do I need one? – Family Law

Posted February 26th, 2021 in cohabitation, families, financial dispute resolution, news by tracey

‘Many couples, despite living together, never seek to legally formalise their living and financial arrangements. They mistakenly believe that the concept of a “common law” husband and wife applies to them namely that they will automatically have financial claims against each other simply because they live together. The reality is far from this. Cohabitants do not have the same financial protection and security on the breakdown of their relationship as is afforded to married couples/those in civil partnerships.’

Full Story

Family Law, 26th February 2021

Source: www.familylaw.co.uk

The Covid-19 Pandemic as a Barder Event – Family Law Week

‘Richard Kershaw, partner at Hunters Law LLP, considers the implications of Mr Justice Cohen’s judgment in FRB v DRC (No 3).’

Full Story

Family Law Week, 25th February 2021

Source: www.familylawweek.co.uk

Woman with Covid should be allowed to die weeks after giving birth, judge rules – The Guardian

Posted February 25th, 2021 in birth, consent, coronavirus, families, medical treatment, news by sally

‘A woman in her early 30s, who has Covid and remains in an induced coma after giving birth to a son, should be allowed to die, against the wishes of her family, a judge has ruled.’

Full Story

The Guardian, 24th February 2021

Source: www.theguardian.com