Category: families

Dove (Part 1): Jamieson Inquests, Causation, and Conclusions – Doughty Street Chambers

Posted April 12th, 2023 in appeals, benefits, bereavement, causation, chambers articles, families, government departments, human rights, inquests, mental health, news, suicide by sally

‘Last week [20 March] the Court of Appeal gave judgment in Dove [2023] EWCA Civ 289, an appeal against the Divisional Court’s decision not to order a new inquest into the death of Jodey Whiting, in proceedings brought by her mother Joy Dove. Ms Whiting died a self-inflicted death in the community, after a mental health crisis, in which the decision of the Department of Work and Pensions to cease her benefits was said to have played a contributory role. An inquest in 2017 came to a conclusion of “suicide” (§1).’

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Doughty Street Chambers, 20th March 2023

Source: insights.doughtystreet.co.uk

Afghan children and their families abandoned in remote hotels following High Court ruling – Garden Court Chambers

Posted April 12th, 2023 in Afghanistan, asylum, chambers articles, children, education, employment, families, government departments, hotels, housing, immigration, judicial review, news by sally

‘Afghan families remain trapped in remote hotels following today’s High Court ruling that the Home Secretary did not act unlawfully by moving them from a London hotel to hotels in a city in the north of England. The move significantly disrupted the children’s education and adults’ employment. Following the judgment, the families remain in temporary accommodation and at risk of further moves, as the Home Office has failed to secure the settled accommodation it promised. The families have been stuck in hotels for over one and a half years since being evacuated from Afghanistan in August 2021.’

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Garden Court Chambers, 24th March 2023

Source: www.gardencourtchambers.co.uk

Divorce reform: work finally begins on finances review – Law Society’s Gazette

Posted April 5th, 2023 in consultations, divorce, families, financial dispute resolution, financial provision, Law Commission, news by sally

‘Work has finally begun on a review of the laws governing finances on divorce – but a consultation on proposed reforms does not appear likely to emerge until 2025 at the earliest.’

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Law Society's Gazette, 4th April 2023

Source: www.lawgazette.co.uk

Domestic abuse victims who do not live with abuser ‘to get better protection’ – The Independent

Posted April 5th, 2023 in coercive & controlling behaviour, domestic violence, families, government departments, news, victims by sally

‘Domestic abuse victims who do not live with their abuser will receive better protection against threats and intimidation, the Government has announced.’

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The Independent, 5th April 2023

Source: www.independent.co.uk

Associative indirect discrimination: a new class of claimant in discrimination law – 12 King’s Bench Walk Employment and Discrimination Blog

Posted April 5th, 2023 in chambers articles, children, disability discrimination, disabled persons, EC law, employment, employment tribunals, equality, families, news by sally

‘Employment practitioners will be aware of the significance of the European Court of Justice’s judgment in Coleman v Attridge. Prior to that decision, discrimination claims relating to disability (and age, sex and gender reassignment) could only be brought by a claimant who himself had the relevant protected characteristic.’

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12 King’s Bench Walk Employment and Discrimination Blog, 13th March 2023

Source: 12kbwemploymentlaw.wordpress.com

The Thirteen Axioms of Fact-finding – Ropewalk Chambers

Posted April 5th, 2023 in asbestos, cancer, chambers articles, compensation, damages, families, industrial injuries, news, standard of proof by sally

‘Briggs v Drylined Homes Ltd [2023] EWHC 382 (KB) (judgment here) concerned a claim by the widow of Mr Brian Briggs, who died in 2017 after contracting mesothelioma. The Claimant brought a claim against one of her husband’s former employers, Drylined Homes Ltd (“DHL”). DHL had engaged Mr Briggs between approximately 1975 and 1979 to carry out “drylining”, namely putting up plasterboards during house construction.’

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Ropewalk Chambers, 1st March 2023

Source: ropewalk.co.uk

Mother and partner convicted over death of Lola James, two, in Wales – The Guardian

Posted April 5th, 2023 in causing death of children or vulnerable adults, children, families, murder, news by sally

‘A mother and her partner face jail after being convicted over the death of a two-year-old girl who suffered horrific injuries in an attack at the family home.’

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The Guardian, 4th April 2023

Source: www.theguardian.com

Why we hardly ever see published family court judgments – Transparency Project

Posted April 3rd, 2023 in anonymity, children, families, family courts, judgments, judiciary, news by sally

‘Amidst the attention being paid to the courts in the Reporting Pilot, especially the series of broadcasts on the BBC Today programme by Sanchia Berg recently, other outputs from the President’s Transparency Implementation Group (TIG) have been slowly emerging.’

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Transparency Project, 31st March 2023

Source: transparencyproject.org.uk

Predatory Marriage – The Great Inheritance Scam? – Gatehouse Chambers

Posted March 31st, 2023 in chambers articles, families, news, wills by sally

‘The term “predatory marriage” is not a legal concept, but rather a convenient descriptor for a marriage entered into in circumstances where one party to the marriage is vulnerable and has been induced to enter into the marriage by the other party who is acting solely for financial gain. The effects of a later life predatory marriage are pernicious and sad, and the current state of the law, particularly in the context of inheritance rights, is unsatisfactory.’

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Gatehouse Chambers, 11th March 2023

Source: gatehouselaw.co.uk

Reforming surrogacy law in Great Britain – Law & Religion UK

Posted March 31st, 2023 in children, families, Law Commission, news, surrogacy by sally

‘The Law Commission of England and Wales and the Scottish Law Commission have published a joint report on surrogacy: Building families through surrogacy: a new law. They recommend a comprehensive range of reforms to make the law of surrogacy work better for children, surrogates and intended parents and ensure that surrogacy continues to operate on an altruistic rather than a commercial basis.’

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Law & Religion UK, 30th March 2023

Source: lawandreligionuk.com

I’ve seen abusers use family courts to control and torment victims – but change is coming – The Guardian

Posted March 29th, 2023 in children, coercive & controlling behaviour, domestic violence, families, family courts, media, news, pilot schemes, reporting restrictions, victims by sally

‘A pilot scheme is inviting journalists into England and Wales’s most private courtrooms. This can expose those who use litigation as a weapon.’

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The Guardian, 29th March 2023

Source: www.theguardian.com

Defining “family graves” – Re Blagdon revisited (I) – Law & Religion UK

Posted March 29th, 2023 in burials and cremation, Christianity, families, family courts, news by sally

‘In Re Blagdon Cemetery [2002] Fam 299, the Arches Court reviewed the circumstances under which burial in a “family grave” might be considered as an exception to the general presumption of permanence of Christian burial arising from the initial act of interment.’

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Law & Religion UK, 28th March 2023

Source: lawandreligionuk.com

Judges allow appeal from residents in out-of-borough accommodation disputes – Local Government Lawyer

Posted March 28th, 2023 in appeals, families, housing, local government, London, news by sally

‘Two residents have won cases in the Court of Appeal against decisions by London boroughs to move them to private rented accommodation outside the capital.’

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Local Government Lawyer, 27th March 2023

Source: www.localgovernmentlawyer.co.uk

Family homes connected to man at centre of huge drugs bust seized – BBC News

Posted March 24th, 2023 in confiscation, drug offences, families, imprisonment, news, proceeds of crime, sentencing by tracey

‘Relatives of a man at the centre of one of the UK’s largest cocaine busts have had their homes seized by the courts.’

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BBC News, 24th March 2023

Source: www.bbc.co.uk

‘Wrong people, time and attitude’: Society’s warning over mediation reforms – Law Society’s Gazette

Posted March 24th, 2023 in children, dispute resolution, divorce, families, family courts, Law Society, news by tracey

‘Compulsory mediation could force the wrong people into a process at the wrong time with the wrong attitude, the Law Society has warned in response to government plans to get more family disputes resolved away from court.’

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Law Society's Gazette, 24th March 2023

Source: www.lawgazette.co.uk

Plans to protect children under under new mediation reforms – Ministry of Justice

Posted March 23rd, 2023 in children, dispute resolution, divorce, families, family courts, Ministry of Justice, news by tracey

‘Thousands of children could be protected from witnessing their parents thrash out family disputes through the courts, following plans to mandate mediation for separating families announced today (23 March 2023).’

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Ministry of Justice, 23rd March 2023

Source: www.gov.uk

Separating parents could be forced to go to mediation under Raab plans – The Guardian

Posted March 23rd, 2023 in children, dispute resolution, divorce, families, family courts, financial provision, Ministry of Justice, news by tracey

‘Thousands of children in England and Wales could be protected from witnessing their parents pitted against each other in the courts under proposals to legally enforce mediation for separating families.’

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The Guardian, 23rd March 2023

Source: www.theguardian.com

Judge excoriates “shameless” family case with costs of £5.5m – Legal Futures

Posted March 20th, 2023 in children, costs, divorce, families, family courts, financial provision, judges, legal representation, litigants in person, news by tracey

‘A family court judge has described a case where the two parties racked up costs of £5.5m as “one of the most shameless pieces of litigation” he has ever seen.’

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Legal Futures, 20th March 2023

Source: www.legalfutures.co.uk

How the courts deal with financial remedies in a short marriage – Family Law Week

Posted March 17th, 2023 in divorce, families, family courts, financial dispute resolution, financial provision, news by tracey

‘I recently fought a case where the parties divorced after eighteen months. There is no formal definition of a short marriage, but there are some benchmarks. The median marriage in the UK at the time of divorce was 12.3 years in 2021 for opposite-sex couples while the most common duration of marriage was 8 years. The figures are lower for same-sex couples who have only been able to divorce since 2015. On this basis, my case was likely to qualify as a short marriage.’

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Family Law Week, 13th March 2023

Source: www.familylawweek.co.uk

Is Sharing Caring? Disclosures from the Family Courts to Professional Regulators – UK Human Rights Blog

Posted March 15th, 2023 in appeals, disclosure, domestic violence, employment, families, family courts, human rights, news, privacy, social services by sally

‘The Guardian newspaper reported the decision in Re X (Disclosure to Social Work England: Findings of Domestic Abuse) [2023] EWHC 447 (Fam) with the headline, “social worker who abused ex-partner loses fight to keep details from regulator”. Reading that one might instinctively think, “well, of course he lost”. For my part, when I read beyond the Guardian’s journalism and into Knowles J’s 67 paragraph judgment in this matter, I may also have thought “well, of course he lost”.’

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UK Human Rights Blog, 14th March 2023

Source: ukhumanrightsblog.com