Family arbitration : It’s arbitration, but not as we know it – Transparency Project

Posted August 2nd, 2021 in arbitration, dispute resolution, families, family courts, jurisdiction, news by sally

‘Let us start briefly with the idea of arbitration. It has been used for centuries to resolve commercial disputes. Unlike mediation, where parties must come to their own agreement which the mediator helps to facilitate, an arbitration is a contractual agreement to be bound by the decision of the arbitrator. Various schemes exist which allow commercial parties to appoint an arbitrator.’

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Transparency Project, 30th July 2021

Source: www.transparencyproject.org.uk

Supreme Court Revisits Wrongful Birth Claims – Quarterly Medical Law Review

‘In Khan v Meadows [2021] UKSC 21 the Supreme Court has revisited the principles to be applied in “wrongful birth” claims: claims for the cost of bringing up a disabled child who would not have been born but for a doctor’s negligent medical advice/treatment. However, the judgment has implications beyond the world of clinical negligence litigation. The Supreme Court has taken the opportunity to clarify the components or ingredients of the tort of negligence more generally. In particular, the court has affirmed the importance of the “scope of duty” principle: a principle which limits the recoverability of damages wherever it applies.’

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Quarterly Medical Law Review, 28th July 2021

Source: 1corqmlr.com

Ep148: Interim Care Orders and Newborn Babies – Law Pod UK

Posted July 30th, 2021 in birth, care orders, families, news, podcasts by sally

‘Richard Ager and Clare Ciborowska of 1 Crown Office Row (Brighton) discuss with Rosalind English the distressing and emotional business of removing newborns from their mothers when it is decided that it is in the infant’s best interests. Earlier this year the Public Law Working group has published a series of recommendations for improvements in practice to make the whole procedure less traumatic for the mother. Whether these recommendations will be implemented remains to be seen.’

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Law Pod UK, 29th July 2021

Source: audioboom.com

London borough defends approach after report that family face eviction for failing to attend property viewing 200 miles away – Local Government Lawyer

Posted July 30th, 2021 in families, homelessness, housing, local government, London, news, repossession by sally

‘Councils must balance the interests of those in housing need with that of taxpayers, the London Borough of Waltham Forest has said after becoming embroiled in controversy over a family facing homelessness.’

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Local Government Lawyer, 29th July 2021

Source: www.localgovernmentlawyer.co.uk

The Seven-Year Child Reasonableness Test – NA (Bangladesh) – Richmond Chambers

‘The Home Office used to have a concession called DP5/96 under which there was a presumption that a child who had lived in the UK for a continuous seven year period, and their parents, should not be removed from the UK if no other countervailing factors were present. This policy ended in December 2008. On 09 July 2012 new immigration rules were introduced and the seven-year child concept was back for those cases involving children. In this post we look at recent developments in immigration law regarding applications for leave to remain on the basis of 7 years’ continuous residence as a child.’

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Richmond Chambers, 26th July 2021

Source: immigrationbarrister.co.uk

Judith Fox: Woman killed and dismembered mother jury finds – BBC News

Posted July 29th, 2021 in arson, families, fire, hospital orders, mental health, murder, news by sally

‘A woman killed her mother, whose remains were found in woods, a jury has found.’

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BBC News, 28th July 2021

Source: www.bbc.co.uk

Oldham killer who daubed victim’s body in nail varnish is jailed – BBC News

Posted July 28th, 2021 in domestic violence, families, imprisonment, murder, news, sentencing by sally

‘A murderer who daubed “it was me” in red nail varnish on his girlfriend’s body has been jailed.’

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BBC News, 27th July 2021

Source: www.bbc.co.uk

Inevitability as the New Discrimination Defence: UK Supreme Court Mangles Indirect Discrimination Analysis While Finding the Two-Child Limit Lawful – Oxford Human Rights Hub

‘The UK Supreme Court has delivered its long-awaited judgment in R (on the application of SC, CB and 8 children) (Appellants) v Secretary of State for Work and Pensions and others (Respondents) on the two-child rule (in the Welfare Reform and Work Act 2016) limiting key subsistence benefits to two children per household, and it wastes no opportunity to disappoint.’

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Oxford Human Rights Hub, 26th July 2021

Source: ohrh.law.ox.ac.uk

More needs to be done to ensure remote hearings are fair and work smoothly, say family professionals – Local Government Lawyer

‘Nearly two thirds of professionals responding to the latest Nuffield Family Justice Observatory (NFJO) rapid consultation feel that more needs to be done to ensure that remote hearings are fair and work smoothly.’

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Local Government Lawyer, 26th July 2021

Source: www.localgovernmentlawyer.co.uk

Man found guilty of murdering daughter, 17, missing since last July – The Guardian

‘A man has been found guilty of murdering his 17-year-old daughter, who went missing last July and whose body has never been found.’

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The Guardian, 26th July 2021

Source: www.theguardian.com

‘The law is cold. It doesn’t reflect the life lost’: mothers of murdered women tell their stories – The Guardian

‘A new campaign film keeps the pressure on the Ministry of Justice to change the minimum sentence for domestic murder. The Changes That We Can Make features Carole Gould and Julie Devey, two mothers who have been campaigning since February 2020 on behalf of their daughters, Ellie and Poppy.’

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The Guardian, 23rd July 2021

Source: www.theguardian.com

Essex lorry deaths: Man ordered to pay £3k to families – BBC News

‘A man linked to the deaths of 39 Vietnamese migrants found dead in a lorry trailer in Essex is to pay £3,000 in compensation to their families.’

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BBC News, 24th July 2021

Source: www.bbc.co.uk

Croydon tram crash deaths were accidental, inquest rules – The Guardian

Posted July 23rd, 2021 in accidents, bereavement, families, health & safety, inquests, news, transport, victims by sally

‘The deaths of seven passengers in the Croydon tram crash were accidental, the jury at the coroner’s inquest in south London has decided, in a verdict met with anger by families of the victims.’

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The Guardian, 22nd July 2021

Source: www.theguardian.com

Malakai Watts death: Mum Chelsea Cuthbertson jailed for manslaughter – BBC News

‘A mother who killed her one-month-old baby when she was “angry and stressed” over a row with her partner has been jailed.’

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BBC News, 22nd July 2021

Source: www.bbc.co.uk

Child protection investigations – no further action necessary? – Transparency Project

Posted July 23rd, 2021 in care orders, children, families, local government, news, social services by sally

‘Are hundreds of thousands of families being put through unnecessary investigations by unchecked social workers? That’s the suggestion made by a succession of recent news stories, some prompted by the first report of the Independent Review of Children’s Social Care. Services are ‘too focused on investigating families’, went the BBC; ‘innocent families have been traumatised by groundless investigations’, said The Times as part of a series on the issue, elsewhere reporting that ‘councils … launch abuse investigations based on a single unexplained mark’, and asserting ‘social workers too quick to wade in’, quoting the Review’s chair, Josh Macalister, as saying that social workers are ‘investigating first when [they] should be helping’.’

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Transparency Project, 23rd July 2021

Source: www.transparencyproject.org.uk

Judge praises council for “brave but proper decision” to end care proceedings – Local Government Lawyer

‘A Family Court judge has praised the London Borough of Bromley for its “brave but proper decision” to end care proceedings in case where a child was suspected to have suffered deliberate injury but was later found not to.’

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Local Government Lawyer, 22nd July 2021

Source: www.localgovernmentlawyer.co.uk

30 years of the Child Support Act – House of Commons Library

Posted July 21st, 2021 in children, divorce, families, financial provision, legal history, news, parliament by sally

‘The UK’s formal system for child support arrangements between separated families, without involving the courts, is provided by the Child Maintenance Service (CMS). This succeeded the Child Support Agency (CSA), first established in 1993 with the Child Support Act 1991.’

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House of Commons Library, 20th July 2021

Source: commonslibrary.parliament.uk

Oldham murder: Man jailed for killing ex-wife over house sale – BBC News

Posted July 21st, 2021 in families, imprisonment, murder, news, sentencing by sally

‘A man who murdered his ex-wife after being told he would have to move out of the family home has been jailed.’

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BBC News, 20th July 2021

Source: www.bbc.co.uk

Applying the CMS Formula in High Income Cases – Family Law Week

‘Joshua Viney, barrister, and Henry Pritchard, pupil barrister, both of 1 Hare Court, explore the circumstances in which it might be unfair to apply the CMS formula.’

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Family Law Week, 14th July 2021

Source: www.familylawweek.co.uk

Zimbabwean nationals with British children rounded up for deportation – The Independent

‘Zimbabwean nationals who have been in the UK for decades and have British children are being rounded up for removal on a charter flight to Harare next week, The Independent can reveal.’

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The Independent, 15th July 2021

Source: www.independent.co.uk