Council decision on needs of teenager quashed in High Court after failure to assess “all relevant considerations” – Local Government Lawyer

‘A High Court judge has quashed a council’s decision in relation to the needs of a teenage boy, after it failed to assess “all relevant considerations” having departed from recommendations by the SEND tribunal.’

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Local Government Lawyer, 20th March 2024

Source: www.localgovernmentlawyer.co.uk

Voidable marriages – Ecclesiastical Law Journal

Posted March 21st, 2024 in ecclesiastical law, marriage, news by sally

‘This article critiques the decision of the Court of Appeal in Re SA (Declaration of Non-Recognition of Marriage) [2023] EWCA Civ 1003. In Re SA the Court of Appeal held that: (1) by operation of section 16 of the Matrimonial Causes Act 1973, a voidable marriage is not void at its inception and is therefore not caught by section 58(5)(a) of the Family Law Act 1986, and (2) the effect of section 16 of the 1973 Act is that a voidable marriage starts off fully valid but only on making a decree absolute of nullity becomes invalid. This article contends that the approach adopted by the Court of Appeal in SA is conceptually challenging, based on a misreading of the statutory language, and is directly contrary to long-established and powerful authorities.’

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Ecclesiastical Law Journal, 18 January 2024

Source: www.cambridge.org

Law Society issues updated guidance on identifying deprivations of liberty – Local Government Lawyer

Posted March 21st, 2024 in deprivation of liberty safeguards, Law Society, news by sally

‘The Law Society of England and Wales has updated its guidance on the Deprivation of Liberty Safeguards (DoLS) following “important developments” in the law.’

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Local Government Lawyer, 19th March 2024

Source: www.localgovernmentlawyer.co.uk

Statutory holiday entitlement: what changes in April – Mills & Reeve

Posted March 21st, 2024 in holiday pay, news, regulations, working time by sally

‘We assess the new rules on paid holidays for atypical workers, which are being phased in from 1 April 2024.’

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Mills & Reeve, 20th March 2024

Source: www.mills-reeve.com

Step-parents and Parental Responsibility – Becket Chambers

Posted March 21st, 2024 in children, guardianship, news, parental responsibility by sally

‘The Children Act 1989 s.3 sets out the legal definition of parental responsibility as, ‘all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property’.’

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Becket Chambers, 29th February 2024

Source: becket-chambers.co.uk

Inability to afford a lawyer “cannot delay proceedings”, says master – Legal Futures

Posted March 21st, 2024 in delay, fiduciary duty, legal representation, news, stay of proceedings by sally

‘An impecunious defendant seeking to stay an action because they cannot afford legal representation must show they are trying to rectify the situation, a High Court master has said.’

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Legal Futures, 21st March 2024

Source: www.legalfutures.co.uk

Fentanyl, forged wills and fake identities: How double killer plotted the deaths of his trusting victims – The Independent

Posted March 21st, 2024 in forgery, murder, news, poisoning, wills by sally

‘For Stephen and Carol Baxter, their decades of hard work at establishing a successful company in the South East of England had nearly paid off.’

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The Independent, 20th March 2024

Source: www.independent.co.uk

The silencing of climate protesters in English and Welsh courts – The Guardian

Posted March 21st, 2024 in climate change, consent, defences, demonstrations, news, podcasts, public order by sally

‘The court of appeal ruled on Monday that the “consent” defence could not be used in the cases of climate activists. Sandra Laville reports.’

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The Guardian, 21st March 2024

Source: www.theguardian.com

Woman found with £2bn in Bitcoin convicted of money laundering arrangement offence – BBC News

Posted March 21st, 2024 in cryptocurrencies, money laundering, news by sally

‘A former takeaway worker found with Bitcoin worth more than £2bn has been convicted at Southwark Crown Court of a crime linked to money laundering.’

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BBC News, 20th March 2024

Source: www.bbc.co.uk