Disguised Compliance – Or Undisguised Nonsense? – Family Law Week

Posted April 19th, 2017 in families, legal language, news, social services by sally

‘Paul Hart, barrister of 15 Winckley Square, discusses a term (and its appropriateness) which has become ubiquitous in social work statements in recent years.’

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Family Law Week, 10th April 2017

Source: www.familylawweek.co.uk

Shaken Baby Syndrome – Six Pump Court

‘This note is intended to set out how medical opinion in relation to and the Court’s approach to “shaken baby syndrome” have developed.’

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Six Pump Court, 22nd March 2017

Source: www.6pumpcourt.co.uk

Skiing & the Supreme Court. What Makes an Adult Child Deserving of Reasonable Maintenance? – Radcliffe Chambers

Posted April 6th, 2017 in appeals, charities, families, financial provision, news, Supreme Court, wills by sally

‘”Skiing” or “Spending Kids’ Inheritance” is a regular source of conflict between parents (or their estates) and their children. After 10 years and numerous appeals, the saga of Ilott v The Blue Cross [2017] UKSC 17 has finally reached its conclusion. The case concerned a claim pursuant to the Inheritance (Provision for Family and Dependents) Act 1975 by an estranged adult daughter for financial provision from her mother’s estate.’

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Radcliffe Chambers, 16th March 2017

Source: www.radcliffechambers.com

Landmark Supreme Court decision on Inheritance Act claims – New Square Chambers

Posted April 6th, 2017 in appeals, charities, families, financial provision, news, Supreme Court, wills by sally

‘The Supreme Court today allowed the charities’ appeal in the case of Ilott v Mitson [2017]
UKSC 17. It is the first opportunity for the Supreme Court to give guidance on the vexed
question of what constitutes ‘reasonable financial provision’ within the meaning of the
Inheritance (Provision for Family and Dependants) Act 1975 and to bring to an end a saga
which began with the death of Melita Jackson in June 2004.’

Full story

New Square Chambers, 15th March 2017

Source: www.newsquarechambers.co.uk

Immigration and Minimum Income Requirements – “significant hardship” caused, but still ECHR compatible – UK Human Rights Blog

‘SS (Congo) v Entry Clearance Officer, Nairobi, [2017] UKSC 10. The Supreme Court has ruled that, in principle, the need for spouses or civil partners in the UK to have an annual minimum income of £18,600 in order to obtain entry clearance for their non-EEA spouse/civil partner to be compliant with the European Convention on Human Rights (“ECHR”). However, the Supreme Court stated that the relevant Immigration Rules relating to such Minimum Income Requirements (“MIR”) failed to adequately take account of the need to safeguard and promote the welfare of children when making an entry decision. Finally, the prohibition on taking into account prospective earnings of the foreign spouse or civil partner when applying the MIR was inconsistent with the evaluative exercise required under Article 8, ECHR.’

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UK Human Rights Blog, 6th April 2017

Source: www.ukhumanrightsblog.com

Testamentary freedom vs claims by family members – OUP Blog

Posted April 4th, 2017 in appeals, charities, families, news, succession, Supreme Court, wills by sally

‘Should a person be free to dispose of property as she wishes on death, or be forced to leave it to certain family members? This is one of the most fundamental questions in succession law. Some (particularly continental European) jurisdictions allocate compulsory portions to certain family members, irrespective of any will. England and Wales, however, has a default testamentary freedom principle combined with the Inheritance (Provision for Family and Dependants) Act 1975, allowing certain people to claim discretionary provision out of the estate in limited circumstances.’

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OUP Blog, 4th April 2017

Source: www.blog.oup.com

Parents’ court fight over taking son, 5, to country suffering terror attacks – Daily Telegraph

Posted March 30th, 2017 in children, families, holidays, news by sally

‘A father insisted on taking his five-year-old son to a conflict-riven country to visit relatives in defiance of the child’s mother, who was terrified he would be placed at serious risk.’

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Daily Telegraph, 28th March 2017

Source: www.telegraph.co.uk

Revenge porn crackdown: Offenders who send pictures to family members face two years in jail under new guidelines – Daily Telegraph

Posted March 30th, 2017 in bills, domestic violence, families, harassment, news, pornography, sentencing, victims by sally

‘Offenders who send “revenge porn” images to victims’ family members could face up to two years in jail under new sentencing plans.’

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Daily Telegraph, 30th March 2017

Source: www.telegraph.co.uk

Court of Appeal ruling prompts renewed no-fault divorce plea – Law Society’s Gazette

Posted March 27th, 2017 in appeals, divorce, families, legislation, news by sally

‘The Court of Appeal has acknowledged that a wife who today lost her appeal to overturn the Central Family Court’s refusal to grant her a divorce will be left in a “very unhappy situation”, prompting renewed calls for “outdated” divorce law to be reformed.’

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Law Society’s Gazette, 24th March 2017

Source: www.lawgazette.co.uk

Cambridge-educated law lecturer leaves brother ‘homeless’ following £750,000 legal battle to sell shared flat – Daily Telegraph

Posted March 21st, 2017 in costs, documents, families, housing, news, sale of land, undue influence by sally

‘A Cambridge-educated law lecturer has left his brother homeless – and facing a £200,000 legal bill – after winning a court battle to sell a £750,000 flat bought by the pair with money left to them by their mother.’

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Daily Telegraph, 20th March 2017

Source: www.telegraph.co.uk

Parental Alienation – learning from other jurisdictions and other disciplines – Family Law Week

Posted March 20th, 2017 in contact orders, families, foreign jurisdictions, news by sally

‘Joanna Abrahams, Head of Family Law, Setfords, considers possible ways to overcome problems of parental alienation.’

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Family Law Week, 19th March 2017

Source: www.familylawweek.co.uk

Animal charities benefit after woman loses out on £160,000 from her mother’s will – The Independent

Posted March 16th, 2017 in appeals, charities, families, news, Supreme Court, wills by sally

‘A woman has been left “very disappointed” after seven Supreme Court justices dramatically reduced a figure of more than £160,000 awarded to her by the Court of Appeal out of her estranged mother’s will.’

Full story

The Independent, 15th March 2017

Source: www.independent.co.uk

MPs will be banned from hiring family members at the public’s expense, IPSA says as 130 relatives of MPs could lose their jobs – Daily Telegraph

Posted March 16th, 2017 in employment, expenses, families, news, parliament by sally

‘MPs will be banned from hiring their children and spouses on the public purse after the next election, it has been announced.’

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Daily Telegraph, 15th March 2017

Source: www.telegraph.co.uk

Legal problem and resolution survey 2014 to 2015 – Ministry of Justice

‘These reports present the findings from the Legal Problem and Resolution Survey 2014 to 2015, a telephone survey of 10,058 adults in England and Wales.’

Full reports

Ministry of Justice, 3rd march 2017

Source: www.gov.uk/government/organisations/ministry-of-justice

Mother-of-three to be forcibly deported on Jamaica charter flight – after 25 years in the UK – The Independent

Posted March 8th, 2017 in deportation, families, health, immigration, Jamaica, news, restraint by sally

‘A mother of three whose youngest son suffers from a serious blood disorder, is to be forcibly deported to Jamaica tomorrow, despite having lived in the UK for more than 25 years.’

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The Independent, 7th March 2017

Source: www.independent.co.uk

FGM should not be prosecuted, police force says as it claims best course of action is to ‘educate parents’ – Daily Telegraph

‘Parents caught practising female genital mutilation on their children should not be prosecuted, a police force has claimed as it says the best course of action is to “educate parents”.’

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Daily Telegraph, 27th February 2017

Source: www.telegraph.co.uk

The Round Up: Couples in the Courts – UK Human Rights Blog

Posted February 28th, 2017 in appeals, families, immigration, married persons, news, Supreme Court by sally

‘Immigration law featured heavily in courts in the past week, with judgments in two cases handed down by the justices.’

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UK human Rights Blog, 27th February 2017

Source: www.ukhumanrightsblog.com

Woman deported from UK despite being married to Briton for 27 years – The Guardian

Posted February 27th, 2017 in deportation, families, immigration, news, visas by sally

‘A woman living in the UK who has been married to a British man for 27 years has been forcibly removed from the country.’

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The Guardian, 26th February 2017

Source: www.guardian.co.uk

Formula Milk and Human Rights: Council That Removed Baby Pays Damages – RightsInfo

Posted February 22nd, 2017 in compensation, damages, families, human rights, local government, news by sally

‘A local council who took a newborn baby boy from his parents violated their human right to family life and a fair trial, a judge has ruled.’

Full story

RightsInfo, 17th February 2017

Source: www.rightsinfo.org

Adopting Scottish Children in England – Family Law Week

‘Lorraine Cavanagh, barrister of St Johns Buildings, explains the implications of a recent important judgment of the President concerning the English courts’ recognition of permanence orders of Scottish children.’

Full story

Family Law Week, 14th February 2017

Source: www.familylawweek.co.uk