The tricky task of making a Child Arrangements Order: directive or undefined? (and how to seek clarification from the judge?) – Transparency Project

Posted June 27th, 2024 in child arrangements orders, families, holidays, news by sally

‘This appeal case sheds light on the “bread and butter” work of private children law proceedings. The court and the lawyers are tasked with trying to negotiate, determine and then capture in writing the child arrangements between two parents who cannot, or will not, work together. Emotions are high and every detail feels high stakes.’

Full Story

Transparency Project, 26th June 2024

Source: transparencyproject.org.uk

Court of Appeal hands down ruling on use of medical research literature in care proceedings – Local Government Lawyer

Posted June 27th, 2024 in causation, children, evidence, families, news, personal injuries by sally

‘The Court of Appeal has allowed appeals brought by a mother and a father against findings made by a judge that their infant son sustained an injury through an acceleration/deceleration event – attributable to “a lack of reasonable parental care”.’

Full Story

Local Government Lawyer, 26th June 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal finds Family Division judge failed to adhere to “fundamental principle” of justice being seen to be done – Local Government Lawyer

‘The Court of Appeal has criticised a judge for her “blatantly unfair conduct”, finding that an interchange with a father demonstrated a “complete failure of proper judicial process”.’

Full Story

Local Government Lawyer, 25th June 2024

Source: www.localgovernmentlawyer.co.uk

Different treatment for other boroughs – discriminatory policy – Nearly Legal

‘AK, R (On the Application Of) v Westminster City Council (2024) EWHC 769 (Admin). This was a judicial review of Westminster’s Allocation policy as it applied to ‘reciprocal transfers’ between another borough and Westminster.’

Full Story

Nearly Legal, 23rd June 2024

Source: nearlylegal.co.uk

FRJ – AT v BT: The Return of Compensation – Financial Remedies Journal

‘In AT v BT [2023] EWHC 3531 Francis J considered what he described (at [4]) as “the proper approach of the court to the sharing principle and to the principle of compensation” given that “the husband maintains that this is a pure needs case and the wife asserts that this is a full sharing case”. This led H to offer a lump sum of £3.545m and W to seek a lump sum of £9.145m (with W to retain a property with an agreed value of £195,000 (£190,000 net of notional costs of sale)).’

Full Story

Financial Remedies Journal, 20th June 2024

Source: financialremediesjournal.com

MoD failed soldier killed in training, family say – BBC News

Posted June 24th, 2024 in armed forces, bereavement, families, government departments, inquests, news by tracey

‘The Ministry of Defence failed a soldier killed in a crash during a training exercise, his family have said.’

Full Story

BBC News, 22nd June 2024

Source: www.bbc.co.uk

Stephen Lawrence detectives will not face charges – BBC News

‘Four retired detectives who ran the first Stephen Lawrence murder investigation should not face criminal charges for their actions in the case, a review has concluded.’

Full Story

BBC News, 18th June 2024

Source: www.bbc.co.uk

AI in the family justice system: report published by Nuffield Family Justice Observatory – Family Law

Posted June 17th, 2024 in artificial intelligence, families, family courts, news by tracey

‘The Nuffield Family Justice Observatory has published a briefing paper to prompt discussion and reflection about how artificial intelligence (AI) could potentially improve experiences for families and professionals using or involved with the family justice system. It also outlines the challenges and risks involved, and the governance required for safe usage.’

Full briefing paper

Full Story

Family Law, 11th June 2024

Source: www.familylaw.co.uk

A Brilliantly Logical Approach to Dealing with Pensions – Financial Remedies Journal

‘SP v AL [2024] EWFC 72(B). In this judgment, His Honour Judge Hess sets an example of how, by following a logical thought process, seemingly complex pensions can be reduced to a very straightforward outcome.’

Full Story

Financial Remedies Journal, 13th June 2024

Source: financialremediesjournal.com

Stephen Lawrence: Met’s decision to stop looking for killers to be reviewed – The Guardian

Posted June 17th, 2024 in bereavement, families, murder, news, police by tracey

‘The Met police’s decision to shut down the hunt for the racist killers of Stephen Lawrence is to be reviewed, with police admitting “serious mistakes” are still being made in the case, the Guardian has learned.’

Full Story

The Guardian, 16th June 2024

Source: www.theguardian.com

Home Office’s failure to collect and monitor data on asylum accommodation for pregnant and new mothers held to be unlawful – Landmark Chambers

‘The High Court’s decision in DXK v Secretary of State for the Home Department [2024] EWHC 579 (Admin) is a welcome addition to the growing body of case law concerning the ambit and application of asylum support duties. The Court’s findings on academic claims, standing, systemic challenges, and the public sector equality duty (“PSED”) will be of wider practical application in other public law contexts.’

Full Story

Landmark Chambers, 13th May 2024

Source: www.landmarkchambers.co.uk

Coroner criticises US government for lack of training given to Anne Sacoolas prior to Harry Dunn crash – The Independent

‘A coroner has criticised the US government for a lack of training provided to its employee Anne Sacoolas before the crash that killed Harry Dunn.’

Full Story

The Independent, 13th June 2024

Source: www.independent.co.uk

One in three parents in care proceedings cases involving babies have learning disabilities or difficulties, researchers find – Local Government Lawyer

‘A study by the Nuffield Family Justice Observatory (NFJO) has found that 34% of parents who are at risk of having their babies removed from their care have learning disabilities or difficulties, which are often not identified until court.’

Full Story

Local Government Lawyer, 13th June 2024

Source: www.localgovernmentlawyer.co.uk

What happens when Child Maintenance is not enough? – Becket Chambers

‘Child maintenance refers to the financial support which is made by a parent towards a child’s living costs and expenses after the parents separate. It is usually an amount which is paid to the resident parent who cares for the child most of the time.’

Full Story

Becket Chambers, 9th May 2024

Source: becket-chambers.co.uk

Non-Matrimonial Assets – Assets Acquired Post-Separation – Becket Chambers

I have written twice previously on this website about non-matrimonial assets but, the authorities referred to therein tended to have some emphasis upon assets acquired prior to the marriage whereas recently there have been two cases that focus on post-separation acquired assets.’

Full Story

Becket Chambers, 28th May 2024

Source: becket-chambers.co.uk

Contact in Domestic Abuse Cases – Becket Chambers

‘This short article focuses upon the Court of Appeal’s recent decision in the case of Re H (A Child: Domestic Abuse) 2024 EWCA Civ 326 in which it considered the father’s appeal against a child arrangements order under which he was to have no face to face contact with his 3 year old son for an indefinite period of time.’

Full Story

Becket Chambers, 7th May 2024

Source: becket-chambers.co.uk

Suitability, reports in Family proceedings, and termination of existing accommodation – Nearly Legal

‘Querino v Cambridge City Council (Rev1) (2024) EWCA Civ 314. This was a second appeal to the court of appeal from a s.204 appeal of a decision on suitability of accommodation offered to Mr Querino in discharge of homeless duty.’

Full Story

Nearly Legal, 9th June 2024

Source: nearlylegal.co.uk

Parents win fresh hearing of claim of failure to make reasonable adjustments to delivery of curriculum – Local Government Lawyer

‘The First Tier Tribunal “materially erred in law” in its determination of reasonable adjustments claims brought by parents in relation to their daughter.’

Full Story

Local Government Lawyer, 7th June 2024

Source: www.localgovernmentlawyer.co.uk

Why don’t facts always seem to matter? – Local Government Lawyer

Posted June 10th, 2024 in children, families, family courts, news by tracey

‘Stephen Williams looks at the importance of the welfare analysis in public law proceedings being objectively fair.’

Full Story

Local Government Lawyer, 7th June 2024

Source: www.localgovernmentlawyer.co.uk

Judge allows reporting of case where DNA tests established that three abandoned babies were full sibliings – Local Government Lawyer

‘A newborn baby abandoned in Newham, East London, has been found – following DNA testing – to be the third child abandoned by the same parents.’

Full Story

Local Government Lawyer, 6th June 2024

Source: www.localgovernmentlawyer.co.uk