Costs orders – litigate at your peril – Family Law

‘It seems there has been a never-ending line of costs commentary flowing through the reported decisions from financial remedy courts as of late. There is a clear trend of encouraging the making of costs orders; something that was far from the norm of no costs orders in contested financial remedy proceedings a few years ago. The reasons for this encouragement are many and possibly speculative; perhaps a by-product of the cuts to Legal Aid and therefore the lack of access to legal representation inevitably leading to extensive, unnecessary, and unmeritorious litigation, perhaps a consequence of the continued backlog in the family courts, perhaps an ancillary product of the widening parameters of judicial discretion and uncertainty?’

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Family Law, 3rd June 2021

Source: www.familylaw.co.uk

Newborn care report sparks judicial response – Law Society’s Gazette

‘Judges are to investigate the use of urgent hearings in proceedings involving babies, after a study found that 85% of mothers in cases involving newborns being taken into care were given less than seven days’ formal notice.’

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Law Society's Gazette, 4th June 2021

Source: www.lawgazette.co.uk

Narcissism and Family Law – a practitioner’s guide – Family Law Week

Posted June 7th, 2021 in barristers, divorce, families, legal profession, mental health, news, solicitors by tracey

‘Karin Walker, Founder of KGW Family Law, provides a guide to help family lawyers identify and manage narcissistic behaviour in any divorce or separation.’

Full Story

Family Law Week, 4th June 2021

Source: www.familylawweek.co.uk

BAILII: Recent Decisions

Posted June 7th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Gregor Fisken Ltd v Carl [2021] EWCA Civ 792 (28 May 2021)

Nuffield Health v London Borough of Merton [2021] EWCA Civ 826 (28 May 2021)

M (Children: Applications By Email) [2021] EWCA Civ 806 (28 May 2021)

Flynn, R (On the Application Of) v The London Borough of Southwark Council & Anor [2021] EWCA Civ 827 (28 May 2021)

European Film Bonds A/S & Ors v Lotus Holdings LLC & Ors [2021] EWCA Civ 807 (28 May 2021)

High Court (Administrative Court)

NB & Ors, R (On the Application Of) v Secretary of State for the Home Department [2021] EWHC 1489 (Admin) (03 June 2021)

Oleantu-Ursache v Judecatoris Bacau, Romania [2021] EWHC 1437 (Admin) (28 May 2021)

Save Warsash and the Western Wards, R. (On the Application of) v Fareham Borough Council [2021] EWHC 1435 (Admin) (28 May 2021)

London Borough of Lambeth v Secretary of State for Housing Communities and Local Government [2021] EWHC 1459 (Admin) (28 May 2021)

Taylor & Anor v Burton [2021] EWHC 1454 (Admin) (28 May 2021)

Wyatt, R. (On the Application of) v Fareham Borough Council [2021] EWHC 1434 (Admin) (28 May 2021)

High Court (Chancery Division)

The Secretary of State for Business, Energy And Industrial Strategy v Lummis & Anor [2021] EWHC 1501 (Ch) (04 June 2021)

Axnoller Events Ltd v Brake & Anor (Costs) [2021] EWHC 1500 (Ch) (04 June 2021)

Necessity Supplies Ltd & Ors v Pricewaterhousecoopers LLP & Anor [2021] EWHC 1479 (Ch) (02 June 2021)

Adeem Investment Holding Company KSCH v Al-Humaidhi & Ors [2021] EWHC 1483 (Ch) (02 June 2021)

Manolete Partners Plc v Hayward And Barrett Holdings Ltd & Ors [2021] EWHC 1481 (Ch) (02 June 2021)

Hudman v Morris [2021] EWHC 1400 (Ch) (01 June 2021)

Seale & Ors v Seale & Anor (Estate of Patrick Seale) [2021] EWHC 1458 (Ch) (28 May 2021)

Nero Holdings Ltd v Young [2021] EWHC 1453 (Ch) (28 May 2021)

Burnell v Trans-Tag Ltd & Anor [2021] EWHC 1457 (Ch) (28 May 2021)

Colliver v Papworth & Anor [2021] EWHC 1450 (Ch) (28 May 2021)

Tyne and Wear Passenger Transport Executive t/a Nexus v National Union of Rail, Maritime and Transport Workers & Anor [2021] EWHC 1388 (Ch) (28 May 2021)

High Court (Commercial Court)

Formal Holdings Ltd & Anor v Frankland Assets Inc & Ors [2021] EWHC 1415 (Comm) (02 June 2021)

Samsung Electronics Co. Ltd & Ors v LG Display Co. Ltd & Anor (Rev 2) [2021] EWHC 1429 (Comm) (28 May 2021)

Darnitsa v Metabay Import/Export Ltd [2021] EWHC 1441 (Comm) (28 May 2021)

Darnitsa v Metabay Import/export Ltd [2021] EWHC 1471 (Comm) (28 May 2021)

High Court (Family Division)

Q R and S (Children) (RRO Application), Re [2021] EWHC 1492 (Fam) (28 May 2021)

Manchester University NHS Foundation Trust v Fixsler & Ors [2021] EWHC 1426 (Fam) (28 May 2021)

High Court (Queen’s Bench Division)

Khalifeh v Blom Bank S.A.L. [2021] EWHC 1502 (QB) (04 June 2021)

Dhir v Flutter Entertainment Plc [2021] EWHC 1510 (QB) (04 June 2021)

Credico Marketing Ltd & Anor v Lambert & Ors [2021] EWHC 1504 (QB) (04 June 2021)

BB & Ors v Al Khayyat & Ors [2021] EWHC 1499 (QB) (04 June 2021)

Mirza & Anor v Ali & Ors [2021] EWHC 1494 (QB) (04 June 2021)

Koro v Secretary of State for Justice [2021] EWHC 1445 (QB) (28 May 2021)

Sanso Rondon v LexisNexis Risk Solutions UK Ltd [2021] EWHC 1427 (QB) (28 May 2021)

Source: www.bailii.org

Kate Shemirani: Nurse who claimed 5G caused Covid symptoms and spread vaccine misinformation struck off – The Independent

‘A leading figure in Britain’s anti-vaccination movement who repeatedly spread coronavirus conspiracy theories, and once called the NHS “the new Auschwitz”, has been permanently struck off the Nursing and Midwifery Council (NMC) register.’

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The Independent, 5th June 2021

Source: www.independent.co.uk

‘Overwhelming and emotionally traumatic’: 1 in 6 new mothers only given a day’s notice of care proceedings, research says – The Independent

‘One in six mothers involved in care proceedings over the last year were given just a day’s notice of a court hearing to decide whether their newborn child would be taken into care, according to research. The vast majority of such women in England and Wales receive less than one week’s notice, new analysis shows.’

Full Story

The Independent, 5th June 2021

Source: www.independent.co.uk

Labour asks NHS and Matt Hancock to pause plans for sharing patient data – The Guardian

‘Labour has urged the NHS and Matt Hancock to pause their plan to share medical records from GPs to allow time for greater consultation on how the idea would work, saying that maintaining patients’ trust must be paramount.’

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The Guardian, 6th June 2021

Source: www.theguardian.com

Hillsborough disaster: Police forces agree compensation money after cover-up – The Independent

‘Two police forces have agreed to pay damages to more than 600 people after a cover-up following the Hillsborough disaster, lawyers have said. The South Yorkshire and West Midlands forces agreed the settlement following a civil claim for misfeasance in a public office on behalf of 601 claimants, solicitors representing the victims said.’

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The Independent, 5th June 2021

Source: www.independent.co.uk

Kent council threatens Priti Patel with legal action over unaccompanied child migrants – The Independent

Posted June 7th, 2021 in asylum, children, government departments, immigration, local government, news by tracey

‘Kent County Council is threatening the home secretary with legal action as it warns its services for unaccompanied child migrants are at breaking point for the second time in less than a year.’

Full Story

The Independent, 6th June 2021

Source: www.independent.co.uk

Ollie Robinson: England bowler suspended for historical tweets – BBC News

‘England pace bowler Ollie Robinson has been suspended from international cricket pending an investigation into historical racist and sexist tweets.’

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BBC News, 6th June 2021

Source: www.bbc.co.uk

Rape cases in England and Wales will be hit hard by backlog, says police chief – The Guardian

‘Rape and domestic violence cases in England and Wales will be among the worst hit from the growing backlog in the judicial system, and trials could soon start collapsing because of severe delays, the new crime commissioner for England’s second biggest force has warned.’

Full Story

The Guardian, 6th June 2021

Source: www.theguardian.com

Christopher Kapessa: Mum plans legal action over river death – BBC News

‘A mother plans to launch her own legal action if the decision not to prosecute the boy reportedly involved in her son’s death is not reversed.’

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BBC News, 7th June 2021

Source: www.bbc.co.uk

Tesco staff win legal argument in equal pay fight – BBC News

‘Thousands of current and former Tesco workers have won a legal argument in their fight for equal pay.’

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BBC News, 3rd June 2021

Source: www.bbc.co.uk

‘Judicial’ Hillsborough inquiry questionnaires cast doubt on trial ruling – The Guardian

‘Further doubt has been cast on the ruling that stopped the trial of two former South Yorkshire police officers and the force’s ex-lawyer on charges of perverting the course of public justice, for amending police statements after the 1989 Hillsborough disaster.’

Full Story

The Guardian, 3rd June 2021

Source: www.theguardian.com

Appeal court confirms validity of ‘contracting out’ statutory declaration – OUT-LAW.com

‘Commercial landlords and tenants are not required to specify the actual date of grant of the lease when “contracting out” of the security of tenure provisions in the 1954 Landlord and Tenant Act (1954 Act), the Court of Appeal has confirmed.’

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OUT-LAW.com, 3rd June 2021

Source: www.pinsentmasons.com

Postcode lottery for baby care orders – judge – BBC News

‘Care order applications are usually made when social workers decide a mother is unable to look after her child on her own. The baby will probably go into foster care and it may be adopted.’

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BBC News, 4th June 2021

Source: www.bbc.co.uk

Day to day data on remote hearings in the family courts – Transparency Project

‘HM Courts and Tribunals Service have recently published statistics about the number of hearings conducted remotely, ie by audio, video or on paper, compared with physical in-person hearings, over the course of the coronavirus lockdown. The statistics cover civil and criminal cases as well as family law cases, but it is possible to extract from them a picture of how the family justice system, in particular, has responded.’

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Transparency Project, 4th June 2021

Source: www.transparencyproject.org.uk

Withdrawal of life sustaining treatment v profound religious beliefs in sanctity of life – UK Human Rights Blog

‘Alta Fixsler was born with catastrophic brain injury. She now two years old, currently a patient at the Royal Manchester Children’s Hospital Paediatric Intensive Care Unit on intensive life sustaining treatment. In this case the court was asked to decide whether it would be in Alta’s best interests for that life-sustaining treatment to be continued. The inevitable consequence of it being discontinued will be the death of Alta.’

Full Story

UK Human Rights Blog, 3rd June 2021

Source: ukhumanrightsblog.com

Napier Barracks: Housing migrants at barracks unlawful, court rules – BBC News

‘The Home Office’s decision to house cross-channel migrants in a “squalid” barracks in Folkestone was unlawful, the High Court has ruled.’

Full Story

BBC News, 3rd June 2021

Source: www.bbc.co.uk

Baby and mother win right to access Healthy Start food scheme – The Guardian

‘A one-year-old baby and her mother have won a high court challenge granting her the right to access a healthy food and vitamins scheme from which she was previously barred. Thousands of babies and toddlers similarly denied access to the scheme will now be able to benefit from it.’

Full Story

The Guardian, 3rd June 2021

Source: www.theguardian.com