Court of Appeal allows appeal by council as judgment in childcare proceedings did not contain required analysis of competing options – Local Government Lawyer

Posted July 14th, 2021 in adoption, appeals, care orders, children, families, judges, local government, news by sally

‘The Court of Appeal has allowed an appeal by a council over a judge’s order that effectively rejected the local authority’s care plan for adoption for an 18-month-old child (A).’

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Local Government Lawyer, 13th July 2021

Source: www.localgovernmentlawyer.co.uk

A de-facto problem – Family Law

Posted July 12th, 2021 in cohabitation, families, financial dispute resolution, marriage, news by sally

‘Should cohabiting couples be permitted to bring more comprehensive financial applications to court upon separation? This longstanding discussion amongst family lawyers in England continues and will continue afresh in the wake of the recent House of Commons Briefing Paper “Common law marriage” and Cohabitation published on 4 May 2021.’

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Family Law, 8th July 2021

Source: www.familylaw.co.uk

CGT and Divorce – changes ahead? – Family Law Week

Posted July 12th, 2021 in divorce, families, financial dispute resolution, news, taxation by sally

‘Jo Carr-West and Lara Barton, partners at Hunters Law LLP, explain recent recommendations that would assist divorcing couples in minimising and managing the CGT implications of separating their financial affairs.’

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Family Law Week, 10th July 2021

Source: www.familylawweek.co.uk

Murder cases reopened in wake of Sally Challen appeal – The Guardian

‘A number of murder cases are being re-examined to investigate possible unsafe convictions where coercive and controlling behaviour may not have been available as a defence, the Observer can reveal.’

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The Guardian, 10th July 2021

Source: www.theguardian.com

Family Court judge issues ruling to highlight successful use of “Resolutions Model” – Local Government Lawyer

‘A mother and daughter have been reunited under the rarely used ‘Resolutions Model’ by the Family Court.’

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Local Government Lawyer, 8th July 2021

Source: www.localgovernmentlawyer.co.uk

The Lachaux libel case returns with an expensive result for the publishers – Transparency Project

‘This post is not about family law; it’s about defamation law. It involves alleged behaviour by a husband (Bruno Lachaux) to his wife (Afsana Lachaux). Since their separation, Mr and Mrs Lachaux have been involved in litigation in the family court which we wrote about in September last year. That litigation involved both financial matters and children matters. There was also a separate ongoing libel case brought by Mr Lachaux regarding a number of publications about his marriage. Mrs Lachaux was not a party in the libel case.’

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Transparency Project, 7th July 2021

Source: www.transparencyproject.org.uk

Social Worker awarded damages in Strasbourg for unfair accusations of professional misconduct – UK Human Rights Blog

‘The United Kingdom has been ordered by the European Court of Human Rights to pay damages and legal costs to a social worker who was unfairly accused of professional misconduct by a Family Court judge.’

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UK Human Rights Blog, 7th July 2021

Source: ukhumanrightsblog.com

Grenfell Tower fire: Borough called on to admit liability – BBC News

‘Dozens of Grenfell Tower fire survivors have called on a London borough to admit its “liability” for the blaze.’

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BBC News, 7th July 2021

Source: www.bbc.co.uk

Family of murdered sisters considering suing Met police – The Guardian

‘The family of two sisters whose killer was this week convicted of their murders are considering suing the police over alleged failures to act when they were reported missing.’

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The Guardian, 7th July 2021

Source: www.theguardian.com

Grenfell bereaved and survivors bring multimillion pound case to high court – The Guardian

‘More than 800 bereaved and survivors from Grenfell Tower and 102 firefighters are seeking up to tens of millions of pounds in compensation from organisations involved in the disastrous refurbishment in a case that reaches the high court on Wednesday.’

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The Guardian, 6th July 2021

Source: www.theguardian.com

Reporting restrictions in end of life cases: anonymity for treating clinicians – UK Human Rights Blog

‘The focus of this judgment was on the jurisdiction, if any, that the High Court Family Division has to maintain a Reporting Restriction Order (‘RRO’) prohibiting the naming of any medical clinicians as being involved in the care and treatment of a child who had been the subject of “end of life” proceedings before the High Court prior to their death, and where an RRO had been made at that time preventing the identification of any of the treating clinicians and staff until further order.’

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UK Human Rights Blog, 6th July 2021

Source: ukhumanrightsblog.com

Danyal Hussein found guilty of murdering two sisters in London park – The Guardian

Posted July 7th, 2021 in autism, families, internet, mental health, murder, news, young offenders by sally

‘A teenager has been convicted of the murder of two sisters in a London park last year whom he stabbed to death after coming through a government “deradicalisation” programme.’

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The Guardian, 6th July 2021

Source: www.theguardian.com

“Powerful reasons” doctrine is no longer good law – EIN Blog

‘As to the seven year rule saga, the Court of Appeal has held that in a situation where a child whose parents had no entitlement to leave to remain in the UK applied for leave to remain pursuant to paragraph 276ADE(1)(iv) of the Immigration Rules on the basis that they had seven years’ continuous residence and it would not be reasonable to expect them to leave, the starting point is that it would be reasonable to expect them to leave with their parents. Overstayers “NA” and “SB” were a married couple and were Bangladeshi nationals whose children “YS” and “YA” were born in the UK. The family appealed against a decision of the Upper Tribunal upholding the SSHD’s refusal of their application for leave to remain in the UK. In April 2018 the family applied for leave to remain. YS had made his claim under paragraph 276ADE(1)(iv) on the basis that he had lived continuously in the UK for at least seven years and it would not be reasonable to expect him to leave. His parents and brother had no entitlement to remain under the rules but contended that their removal would interfere with their rights pursuant to article 8 of the ECHR. The decision-maker refused all four applications. In May 2019, FTTJ Bart-Smith dismissed the appeals and UTJ Stephen Smith subsequently found an error of law in the FTT’s decision but re-made it by again dismissing the appeal in November 2019.’

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EIN Blog, 6th July 2021

Source: www.ein.org.uk

Court of Appeal makes no order for costs after allowing appeal by mother against Court of Protection order discharging her as party to proceedings – Local Government Lawyer

‘The Court of Appeal has made no order for costs in a case where it allowed a mother’s appeal against an order made in the Court of Protection discharging her as a party to proceedings concerning her highly vulnerable 19-year-old daughter.’

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Local Government Lawyer, 5th July 2021

Source: www.localgovernmentlawyer.co.uk

Law Society warns against remote hearings in public law children cases where parties have limited access to technology – Local Government Lawyer

‘Public law children cases where a party has limited access to technology or where parties require an intermediary or a translator are instances where remote hearings may not be the best format, the Law Society has warned.’

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Local Government Lawyer, 5th July 2021

Source: www.localgovernmentlawyer.co.uk

‘A cascade of catastrophic failings’: the UK’s baby death scandals – The Guardian

‘An investigation into baby deaths at Furness general hospital in Barrow between 2004 and 2013 found a “lethal mix” of failings at almost every level.’

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The Guardian, 6th June 2021

Source: www.theguardian.com

Alex Davies death: Mum’s shock after killer moved to hospital – BBC News

‘The mother of a murder victim has described her “shock” at learning his killer was moved to a mental health hospital after “two hours” in jail.’

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BBC News, 5th July 2021

Source: www.bbc.co.uk

Drunk son jailed for attacking ill mother by ‘windmilling his arms’ – The Independent

‘A 33-year-old man has been sentenced to 11 months after he breached a restraining order to carry out a drunken attack on his mother.’

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The Independent, 1st July 2021

Source: www.independent.co.uk

Hannah Cobley: Mum who murdered newborn loses conviction appeal – BBC News

‘A woman who wrapped her newborn baby in plastic bags and left her to die on farmland has lost an appeal against her murder conviction.’

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BBC News, 29th June 2021

Source: www.bbc.co.uk

Court of Protection case update – Local Government Update

‘Aaqib Javed and Holly Littlewood review the latest cases of interest to Court of Protection practitioners.’

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Local Government Update, 25th June 2021

Source: www.localgovernmentlawyer.co.uk