Capacity to consent to sexual relations: obscurity illuminated? – Transparency Project

‘The intimate life of a woman, who is known to the public only by the initials NB, is the subject of a case in the Court of Protection which attracted headlines earlier this year. A further judgment has recently been published, following an interim judgment published in May.’

Full Story

Transparency Project, 23rd July 2019

Source: www.transparencyproject.org.uk

Manchester Arena bomber’s brother held in UK after extradition – The Guardian

‘The brother of the Manchester Arena attacker, Salman Abedi, has been extradited from Libya to the UK to face multiple murder charges over his alleged role in the attack.’

Full Story

The Guardian, 17th July 2019

Source: www.theguardian.com

Costs Orders and Experts – Family Law Week

‘Nisha Bambhra, barrister at Garden Court Chambers, considers the implications for expert witnesses who fail to comply with court orders.’

Full Story

Family Law Week, 11th July 2019

Source: www.familylawweek.co.uk

Lady Hale speaks on the evolution of the concepts of marriage and family – Family Law

Posted July 15th, 2019 in families, marriage, news, surrogacy by sally

‘Lady Hale, President of the Supreme Court, has given a speech at the International Centre for Family Law, Policy and Practice on the subject of ‘What is a 21st Century Family?’. In her speech, given on 1 July but published yesterday by the Supreme Court, Lady Hale considers the evolution of the concept and history of the institution of marriage and the changes to the role of the family.’

Full Story

Family Law, 10th July 2019

Source: www.familylaw.co.uk

Prenups put families’ ability to look after each other at risk, Supreme Court President says – Daily Telegraph

Posted July 9th, 2019 in enforcement, families, news, prenuptial agreements by sally

‘Families may not be able to look after each other if prenuptial agreements become legally binding, the Supreme Court President has warned.’

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Daily Telegraph, 8th July 2019

Source: www.telegraph.co.uk

Helen’s Law: Killers who conceal victims’ remains face parole refusal – BBC News

Posted July 8th, 2019 in bereavement, disclosure, families, murder, news, parole, victims by sally

‘Murderers who refuse to reveal the location of their victims’ bodies could be denied parole under a new law.’

Full Story

BBC News, 6th July 2019

Source: www.bbc.co.uk

Case Comment: R (DA & Ors) v Secretary of State for Work & Pensions [2019] UKSC 21 Part Two – UKSC Blog

Posted July 8th, 2019 in appeals, benefits, equality, families, human rights, news, Supreme Court by sally

‘In order to make good an art 14 claim, a claimant has to establish that (a) the Jones_Jcircumstances fall within the ambit of a substantive Convention right, (b) the claimant has a relevant status for the purposes of art 14, (c) they have been treated differently from others in a similar situation, by reason of their status; if so the burden is then on the state to demonstrate (d) whether the difference in treatment is objectively justified. In a Thlimmenos claim, the third question becomes “they have been treated the same as others in a relevantly different situation”. The way in which those issues were resolved by Lord Wilson for the majority is summarised above, but the court’s analysis of status and justification is worth some closer consideration.’

Full Story

UKSC Blog, 2nd July 2019

Source: ukscblog.com

Case Comment: R (DA & Ors) v Secretary of State for Work & Pensions [2019] UKSC 21 Part One – UKSC Blog

Posted July 8th, 2019 in appeals, benefits, equality, families, human rights, news, Supreme Court by sally

‘In these joined appeals, the Supreme Court considered whether the “revised benefit Jones_Jcap” – the effect of which is to restrict the maximum amount of benefits payable to couples and lone parents to £23000 in London and £20000 elsewhere – discriminated against the lone parents of young children, and against the children themselves. The Supreme Court decided by a majority of 5-2 that it did not, though there were various differences of opinion even amongst the majority.’

Full Story

UKSC Blog, 2nd July 2019

Source: ukscblog.com

Court of Protection issues ruling in test case on appointment of personal welfare deputies – Local Government Lawyer

‘A Court of Protection judge has clarified the circumstances in which family members may become personal welfare deputies for people aged over 18, calling for the Code of Practice under the Mental Capacity Act 2005 to be redrafted.’

Full Story

Local Government Lawyer, 2nd July 2019

Source: www.localgovernmentlawyer.co.uk

Divorce: New law could lead to ‘spike’ – minister – BBC News

Posted June 26th, 2019 in bills, divorce, families, news, reasons by sally

‘A new law could lead to a ‘spike’ in divorces, but the rate is ultimately like to “remain much the same”, the justice secretary has said.’

Full Story

BBC News, 25th June 2019

Source: www.bbc.co.uk

JusticeWatch: Growing ‘justice gap’ in discrimination cases – Legal Voice

‘Victims of discrimination were being denied access to justice and offenders going unchallenged as a result of a ‘failing’ legal aid system, as reported in the Justice Gap.’

Full Story

Legal Voice, 21st June 2019

Source: legalvoice.org.uk

Stepsisters in High Court inheritance battle over which parent died first – Daily Telegraph

Posted June 26th, 2019 in bereavement, families, housing, news, wills by sally

‘The High Court has been asked to intervene in a £300,000 inheritance row between step siblings over which parent died first.’

Full Story

Daily Telegraph, 25th June 2019

Source: www.telegraph.co.uk

Man who refused to register son’s birth loses high court case – The Guardian

‘A man who refused to register his son’s birth because he says he does not want him to be controlled by the state has lost a high court case.’

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The Guardian, 23rd June 2019

Source: www.theguardian.com

‘Jihadi Jack’ parents guilty of funding terrorism – BBC News

Posted June 21st, 2019 in families, news, sentencing, terrorism by sally

‘The parents of a Muslim convert dubbed “Jihadi Jack” have been found guilty of funding terrorism.’

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BBC News, 21st June 2019

Source: www.bbc.co.uk

Businessman was forced to live in a pigsty after he accused his partner of affair, court hears – Daily Telegraph

Posted June 20th, 2019 in compensation, divorce, families, financial dispute resolution, housing, news, rent by sally

‘A businessman was forced to live in a pigsty after he accused his ex partner of having an affair, a court has heard.

The pigsty was in the grounds of the £1m home in Upminster, Essex, and he told Central London County Court that his ex partner of 37 years excluded him from the house.
The couple, who have two children, ended up in court after he launched a claim to claim money from her for the time he spent living out of the home.’

Full Story

Daily Telegraph, 19th June 2019

Source: www.telegraph.co.uk

Muslim father faces jail for mental abuse of his daughters – Daily Telegraph

Posted June 19th, 2019 in coercive & controlling behaviour, families, Islam, news by sally

‘A Muslim father faces jail for psychologically abusing his daughters in the first case of its kind.’

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Daily Telegraph, 18th June 2019

Source: www.telegraph.co.uk

“No revolution” says the Supreme Court as it rules on defamation – UK Human Rights Blog

‘Lachaux v Independent Print Ltd and another [2019] UKSC 27. The Supreme Court has unanimously held that the Defamation Act 2013 altered the common law presumption of general damage in defamation. It is no longer sufficient for the imposition of liability that a statement is inherently injurious or has a “tendency” to injure a claimant’s reputation. Instead, the language of section 1(1) of the Act requires a statement to produce serious harm to reputation before it can be considered defamatory.’

Full Story

UK Human Rights Blog, 17th june 2019

Source: ukhumanrightsblog.com

Review finds family ties ‘utterly indispensable’ to rehabilitation of female offenders – Ministry of Justice

‘A new report by Lord Michael Farmer on the value of prisoners’ family ties has found that healthy relationships are a “must have” when it comes to preventing women from reoffending. Prisoners who receive family visits are 39% less likely to reoffend, and research suggests that these relationships are even more important for women than they are for men.’

Full press release

Ministry of Justice, 18th June 2019

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

Father admits stalking his daughter in Leicester – BBC News

Posted June 11th, 2019 in families, forced marriages, news, restraining orders, sentencing, stalking by sally

‘A father has admitted stalking his daughter after trying to force her into a marriage and keep her from university.’

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BBC News, 10th June 2019

Source: www.bbc.co.uk

Justice system smeared our mother, say Sally Challen’s sons – The Guardian

‘Sally Challen was subjected to a false narrative by a criminal justice system that painted her as “a controlling and jealous lover who planned to kill her husband”, her son has said.’

Full Story

The Guardian, 8th June 2019

Source: www.theguardian.com