‘It’s not like you were beaten’: The horrifying misogyny vulnerable women face from the judge’s bench – The Independent

‘Domestic abuse survivors warn that – inside the secretive family courts – they are being “retraumatised” by the legal system, and say judges are the worst offenders.’

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The Independent, 16th August 2024

Source: www.independent.co.uk

Why we don’t know what’s going on in family courts – Transparency Project

Posted August 14th, 2024 in anonymity, families, family courts, news, reporting restrictions, statistics by sally

‘We hear a lot about ‘secret’ family courts because of reporting restrictions and family privacy, but there is more to genuine transparency than holding processes out in the open. To understand how a system is operating we need information based on reliable data across that system.’

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Transparency Project, 14th August 2024

Source: transparencyproject.org.uk

Financial Remedies – Short Marriage – 33 Bedford Row

‘Financial Remedies – Short Marriage.’

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33 Bedford Row, 7th August 2024

Source: www.33bedfordrow.co.uk

Court of Appeal: Albanian siblings of EU nationals wrongly refused status under EUSS – EIN Blog

Posted August 12th, 2024 in appeals, brexit, EC law, families, immigration, news by tracey

‘Vasa v The Secretary of State for the Home Department [2024] EWCA Civ 777 (10 July 2024). The Court of Appeal held in this case that the SSHD had erred in refusing to grant pre-settled or settled status under the EU Settlement Scheme (EUSS) to non-EU nationals who were siblings of EU nationals who had exercised free movement rights in the UK before its withdrawal from the EU.’

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EIN Blog, 9th August 2024

Source: www.ein.org.uk

Thousands of babies witness domestic abuse each year and suffer ‘life-altering’ trauma, data reveals – The Independent

‘Nearly 130,000 babies were present at or were affected by an incident of domestic abuse in the past three years, new data from England’s police forces shows.’

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The Independent, 8th August 2024

Source: www.independent.co.uk

Domestic abuse and the Financial Remedies Court – Transparency Project

‘This post discusses the current approach to domestic abuse in financial remedy proceedings. For those short on time and unable to read the post in full, the key conclusions you need to be aware of are; the recent decision of Mr. Justice Peel in N v J [2024] EWFC 184 is important and says if you want the court to consider domestic abuse as part of your case you will need to follow the procedure in Tsvetkov v Khayrova [2023] EWFC 130; it also says that domestic abuse will only potentially be taken into account by the court if it is exceptional and has had a negative financial impact on the alleged victim.’

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Transparency Project, 8th August 2024

Source: transparencyproject.org.uk

Alerter by Tim Green KC & Georgina Pein – How to engage A2 ECHR in Healthcare Inquests – Henderson Chambers

Posted August 8th, 2024 in chambers articles, families, human rights, inquests, mental health, news, suicide by sally

‘This article provides practitioners with an overview of the law relating to inquests which engage Article 2 ECHR in the context of deaths arising from shortcomings in healthcare. It is intended to provide a pithy summary on the legal complexities in domestic and European case law and it offers some general advice on how best to engage Article 2 arguments.’

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Henderson Chamber, 17th July 2024

Source: www.hendersonchambers.co.uk

Family Drug and Alcohol Courts generate “significant savings” for local authorities in comparison to standard care proceedings: report – Local Government Lawyer

‘The Family Drug and Alcohol Court (FDAC) could save local authorities almost £10,000 per case in legal costs compared to standard care proceedings, according to a financial analysis carried out by the Centre for Justice Innovation.’

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Local Government Lawyer, 5th August 2024

Source: www.localgovernmentlawyer.co.uk

Man who murdered his mother given life sentence – BBC News

Posted August 7th, 2024 in families, imprisonment, murder, news, sentencing by sally

‘A man has been sentenced to life imprisonment after he was found guilty of murdering his mother in her Plymouth home.’

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BBC News, 6th August 2024

Source: www.bbc.co.uk

CoA issues guidance on placement timings after local authority wrongly proceeded with ‘farewell visit’ while father’s application for permission to appeal was pending – Local Government Lawyer

‘The Court of Appeal has outlined guidance on placement timings, after finding that a local authority’s decision to proceed with a farewell visit while a father’s application for permission to appeal was pending was “plainly wrong” and “contrary to the children’s interests”.’

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Local Government Lawyer, 2nd August 2024

Source: www.localgovernmentlawyer.co.uk

‘In contemplation of death’ case goes to appeal – Law Society’s Gazette

Posted August 5th, 2024 in appeals, bereavement, families, news, wills by tracey

‘Members of a family who lost out on a £2.8m inheritance after a relative left his estate to a friend by using a doctrine of Roman law have won permission to appeal over a potential “precedent of importance”.’

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Law Society's Gazette, 5th August 2024

Source: www.lawgazette.co.uk

A View from The President’s Chambers: July 2024 – Courts & Tribunals Judiciary

Posted August 1st, 2024 in children, families, family courts, judges, news by tracey

‘A View from The President’s Chambers: July 2024.’

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Courts & Tribunals Judiciary, 31st July 2024

Source: www.judiciary.uk

Judge lifts anonymity in family court judgment involving Premier League footballer – Law Society’s Gazette

‘A judge has taken the unusual step of publishing an unanonymised and unredacted family court judgment involving Premier League footballer and England vice-captain Kyle Walker – after concluding that to anonymise or redact the judgment would have opened the court to ridicule.’

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Law Society's Gazette, 31st July 2024

Source: www.lawgazette.co.uk

Family court judge rules on if twins exist – BBC News

‘A High Court judge has ruled that there is “some evidence” that at least one child was born in an exceptional family dispute between a separated couple. The ex-husband told the court that he believed his wife had been pregnant when they split up and that she had given birth to twin boys, who would now be three years old.’

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BBC News, 1st August 2024

Source: www.bbc.co.uk

High Court grants injunction to judge harassed by brother-in-law – Legal Futures

Posted July 30th, 2024 in families, harassment, injunctions, judges, news, wills by sally

‘The High Court has granted a final injunction to stop a district judge being harassed by his brother-in-law over a will.’

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Legal Futures, 30th July 2024

Source: www.legalfutures.co.uk

The inherent jurisdiction, Article 3 ill-treatment, and the limits of the State’s obligations – Mental Capacity Law and Policy

‘How far can the State be expected to go in seeking to secure the rights of those in challenging situations? A few months after this issue was looked at (albeit slightly curiously) from the perspective of Article 2 ECHR in R (Parkin) v His Majesty’s Assistant Coroner for Inner London (East) [2024] EWHC 744 (Admin), Gywnneth Knowles J has looked at it from the perspective of Article 3 ECHR. In Re P (Vulnerable Adult: Withdrawal of Application) [2024] EWHC 1882 (Fam), she was asked to consider the question of whether she should continue to use the powers of the High Court to compel a 29 year old woman to live apart from her father.’

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Mental Capacity Law and Policy, 28th July 2024

Source: www.mentalcapacitylawandpolicy.org.uk

“A Prolonged Period of Dying”: On best interests and miracles: Re XY [2024] EWCOP 37 – Law & Religion UK

Posted July 29th, 2024 in Court of Protection, families, hospitals, Islam, medical treatment, news by sally

‘In Re XY [2024] EWCOP 37 Mr Justice Hayden was called on to consider the best interests of a patient at the end of his life. XY, a 66-year-old man, was admitted to the hospital in December 2023 with pneumonia, and whilst there he suffered a cardiac arrest. Had that happened at home he would likely have died, but the medical staff at the hospital were able to resuscitate him. Over the subsequent days, however, he suffered from significant multi-organ failure and entered a prolonged disorder of consciousness.’

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Law & Religion UK, 29th July 2024

Source: lawandreligionuk.com

Two unsuccessful bites at the legal parenthood cherry – really in the child’s best interests? – Journal of Social Welfare and Family Law

‘This case review considers Theis J’s judgment in Re Z (Surrogacy: Step-parent Adoption) [2024] EWFC 20, in which she refused a step-parent adoption order but made several other orders in relation to contact and the exercise of parental responsibility between the three adults involved. I posit that while the judgment probably represents the best possible outcome all round – especially the best interests of the child at its heart – it does not reflect the lived reality of most surrogacy agreements entered into in this country, or the experiences of those involved. It does, however, indicate that proposed reforms as recommended by the Law Commission of England and Wales and the Scottish Law Commission in 2023 would be welcome, especially as the intention behind them is precisely to protect against breakdowns in surrogacy arrangements such as sadly happened in this case.’

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Journal of Social Welfare and Family Law, 23rd July 2024

Source: www.tandfonline.com

Deportation and human rights: the right to respect for private life in MK (Albania) v Minister for Justice and Equality – Legal Studies

Posted July 25th, 2024 in deportation, families, human rights, immigration, news by sally

‘The sovereign power to control the entry and residence of persons in the state, and the corollary power to deport, has long been considered to be a defining feature of statehood. State discretion as to who may remain within the national border is, however, tempered by international and regional human rights obligations, as well as domestic constitutional principles. In this context, it is well established that a deportation will violate Article 8 of the European Convention on Human Rights (ECHR) if it constitutes a disproportionate interference with family and/or private life in the host country.’

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Legal Studies, 1st July 2024

Source: www.cambridge.org

Head teacher suing parents over ‘harassment’ – BBC News

Posted July 23rd, 2024 in bullying, families, harassment, news, school children, teachers by tracey

‘A head teacher is suing the parents of two pupils over harassment claims.’

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BBC News, 22nd July 2024

Source: www.bbc.co.uk