The Perils of Contested Divorce Proceedings – Pump Court Chambers

Posted April 16th, 2021 in appeals, case management, chambers articles, divorce, families, news by sally

‘As many practitioners will be aware, defended divorce cases are rare. According to a recent study by the Nuffield Foundation, “No Contest: Defended Divorce in England & Wales”, formally defended divorces account for less than one percent of divorces each year in England & Wales.’

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Pump Court Chambers, 15th March 2021

Source: www.pumpcourtchambers.com

Eight things you need to know: Personal Injury damages in divorce cases – Family Law

Posted April 16th, 2021 in damages, divorce, families, news, personal injuries by sally

‘The “pre-acquired” or “non-matrimonial” argument is one which has taken up much commentary in family law circles over recent years. However, the conundrum can be even more challenging when considering personal injury damages that one party may have received in order to meet their specific needs arising from an accident or injury.’

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Family Law, 16th April 2021

Source: www.familylaw.co.uk

Tragic Court of Protection case – Mills & Reeve

Posted April 15th, 2021 in Court of Protection, families, medical treatment, mental health, news by sally

‘Proceedings commenced initially by the father (“F”) in respect of his daughter, a young woman aged 20 (named “Lilia” in the judgment), who had attempted suicide. Very sadly, this had resulted in a catastrophic brain injury leading to a prolonged disorder of consciousness, from which she had not emerged and remained in a vegetative state.’

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Mills & Reeve, 14th April 2021

Source: www.mills-reeve.com

Money for Nothing? Crypto-Assets and their Implications in Matrimonial and Private Client Work – Pump Court Chambers

‘For the matrimonial finance and private client lawyer, crypto-assets can form a major part of a client’s estate and we are seeing them with increasing frequency. It is vital that we can identify, value and understand them, and advise on their implications for clients, for others interested in client assets, and to assist the court, if necessary.’

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Pump Court Chambers, 19th March 2021

Source: www.pumpcourtchambers.com

F (A Child : Adjournment) [2021] EWCA Civ 469 – Transparency Project

‘This case is about a little boy, J, who was approaching three years of age at the time the decision was made. His mother was 19 when J was born and she was living with J’s father. The local authority issued care proceedings in relation to J in August 2018. The proceedings began as J suffered a number of injuries whilst he was in the care of his mother and a Mr K. At a hearing before His Honour Judge Jack (‘the Judge’) findings were made that the mother had suffered serious abuse at the hands of J’s father.’

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Transparency Project, 12th April 2021

Source: www.transparencyproject.org.uk

Is there still any place for supervision orders? – Transparency Project

‘The purpose and effectiveness of this type of court order is currently being considered by one of the innumerable sub-groups of the Public Law Working Group. Now, the NFJO have reported on a rapid survey of professionals and parents who were asked quite detailed questions about supervision orders (SOs) in which they were involved during the last six years (presumably since the legislative changes to family proceedings in 2014). There was a good response from nearly 300 social work and legal professionals but only ten parents responded. However the NFJO is carrying out some separate work with focus groups for parents’ views.’

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Transparency Project, 13th April 2021

Source: www.transparencyproject.org.uk

Rare appeal allowed over refusal by judge to adjourn final care hearing – Local Government Lawyer

‘A mother’s appeal of a decision by a family judge not to adjourn an imminent final hearing in care proceedings has been allowed in a “rare” case before the Court of Appeal.’

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Local Government Lawyer, 9th April 2021

Source: www.localgovernmentlawyer.co.uk

Application for fresh inquest refused – UK Human Rights Blog

Posted April 6th, 2021 in asbestos, families, inquests, news by sally

‘Applying for a fresh inquest is not straightforward. First, the bereaved have to get permission from the Attorney General. Only once that authority has been granted will they be allowed to apply to the High Court to reopen the inquest (section 13 of the Coroners Act 1988). Often cases are reopened because new evidence has come to light or there has been insufficiency of inquiry, for example where a person is found guilty of the murder of the deceased or new scientific data is provided.[1] Further, it has to be necessary or desirable in the interests of justice that an investigation be (re)opened.’

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UK Human Rights Blog, 6th April 2021

Source: ukhumanrightsblog.com

Thousands of EU children face ‘cliff edge’ as still without post-Brexit status three months before deadline – The Independent

Posted March 30th, 2021 in brexit, children, families, immigration, news, visas by sally

‘Thousands of European children living in care in the UK face becoming undocumented within months as only one in four has been granted post-Brexit immigration status, data reveals.’

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The Independent, 30th March 2021

Source: www.independent.co.uk

Capacity to marry: NB v MI – Law & Religion UK

Posted March 29th, 2021 in families, family courts, Islam, islamic law, jurisdiction, marriage, news by sally

‘In NB v MI [2021] EWHC 224 (Fam), Mostyn J set out a series of propositions on the legal nature of marriage in England & Wales.’

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Law & Religion UK, 26th March 2021

Source: lawandreligionuk.com

Mandatory relief when left in unsuitable temporary accommodation – Nearly Legal

‘Imam, R (On the Application Of) v The London Borough of Croydon (2021) EWHC 739 (Admin). This is the judgment in a judicial review claim seeking a declaration that Croydon was in breach of its statutory duty under section 193(2) of the Housing Act 1996 to provide suitable accommodation, and for mandatory relief, that Croydon provide suitable accommodation, and consider the claimant’s application for band 1 housing priority.’

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Nearly Legal, 28th March 2021

Source: nearlylegal.co.uk

Our treatment of the vulnerable – Local Government Lawyer

‘The pandemic has shone a powerful searchlight on to the unnecessarily damaged lives of too many of our most vulnerable people and children. In a paper given at a Royal Holloway University of London Symposium, Sir James Munby, former President of the Family Division, looks at the challenges facing the family justice system.’

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Local Government Lawyer, 26th March 2021

Source: www.localgovernmentlawyer.co.uk

£1 million voucher scheme to help families resolve disputes outside of court – Ministry of Justice

Posted March 29th, 2021 in budgets, dispute resolution, families, family courts, Ministry of Justice, news by sally

‘Separating parents will be helped to avoid stressful court battles through a new million-pound mediation scheme launched by the government today.’

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Ministry of Justice, 26th March 2021

Source: www.gov.uk

Teenage mother admits causing death of baby daughter due to neglect – The Independent

‘A mother has admitted causing the death of her baby in Brighton. Verphy Kudi’s 20-month-old daughter Asiah Kudi died at an address in the East Sussex city in December 2019.’

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The Independent, 27th March 2021

Source: www.independent.co.uk

Children: Public Law Update (March 2021) – Family Law Week

‘John Tughan QC of 4PB considers the latest judgments that Public law child lawyers need to know about.’

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Family Law Week, 24th March 2021

Source: www.familylawweek.co.uk

Senior army officer convicted of £48,000 Dorset boarding school fee fraud – The Guardian

Posted March 26th, 2021 in armed forces, courts martial, families, fraud, news, school children by sally

‘A senior army officer has been found guilty of dishonestly claiming almost £50,000 in allowances to pay for his children’s boarding school fees. Maj Gen Nick Welch, who is believed to be the most senior officer to face court martial since 1815, was convicted of fraud following a four-week trial at Bulford military court in Wiltshire. He is due to be sentenced on Friday.’

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The Guardian, 25th March 2021

Source: www.theguardian.com

Fatal truth: how the suicide of Alex Reid exposed the hidden death toll of domestic violence – The Guardian

‘Nine months after the outgoing and talented nurse started dating Peter Yeung, she was dead. Her story highlights a shockingly common but overlooked cause of death among women.’

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The Guardian, 24th March 2021

Source: www.theguardian.com

Unequal chances? Ethnic disproportionality in child welfare and family justice – Family Law

‘Many have experienced their own Black Lives Matter moment in the last 12 months, a sharp realisation of entrenched prejudices and inequalities that still exist in our society. In the family justice system that moment came last October when a black barrister, Alexandra Wilson, was mistaken for a defendant three times in one day. And yet, more generally there has been surprising little debate about the disproportionate numbers of families from some ethnic minorities in the family justice system and what might lie behind this.’

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Family Law, 19th March 2021

Source: www.familylaw.co.uk

Capitalisation of Child Maintenance: a very rare bird – Family Law Week

‘Jo Carr-West, partner with Hunters, considers the implications of Mr Justice Mostyn’s recent judgment in AZ v FM.’

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Family Law Week, 16th March 2021

Source: www.familylawweek.co.uk

The Unequal Power to Grant and Remove PR from Biological Parents – Family Law Week

Posted March 22nd, 2021 in children, equality, families, family courts, gender, news, parental responsibility by sally

‘Stephen Williams, Barrister, St Mary’s Chambers, calls for reconsideration of the restrictions on the acquisition of parental responsibility by fathers.’

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Family Law Week, 17th March 2021

Source: www.familylawweek.co.uk