Guidance on citation of judgments as ‘authorities’ – Transparency Project

Posted March 3rd, 2025 in family courts, judgments, news by sally

‘Not all judgments are created equal. Some, by more senior judges or courts (essentially High Court judges or above), may be regarded as primary or binding ‘authority’ for the propositions of law which they contain. They lay down the law, which lesser courts and judges must follow. Courts of the same or equivalent standing must think twice before departing from those rulings, but more senior courts can, and sometimes do, decide differently and may even ‘over-rule’ them. In such a case, it will be the higher court’s ruling, or precedent, that takes precedence.’

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Transparency Project, 28th February 2025

Source: transparencyproject.org.uk

Addiction and divorce: challenges for the client and the adviser – Kingsley Napley Family Law Blog

‘As family lawyers, we are used to meeting our clients at a time when they are at their most vulnerable. This is intensified when addiction is present within a family. Divorce or separation places an added burden upon everyone involved and those individuals are likely to have experienced or still be experiencing the destruction that addiction can cause, some of it obvious and some of it less so.’

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Kingsley Napley Family Law Blog, 14th February 2025

Source: www.kingsleynapley.co.uk

Millionaire’s £18m ‘promise’ made to ex over lavish lunch not legally binding – The Independent

Posted March 3rd, 2025 in families, family courts, financial provision, news, trusts by sally

‘A multi-millionaire’s ex who claimed she was promised half their £18m family house during “lunch on a snowcapped mountain” has lost her court fight after a judge found the meeting was an “elaborate performance” to keep her happy when he failed to marry her.’

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The Independent, 3rd March 2025

Source: www.independent.co.uk

Family President publishes guidance for judges on writing to children in family court proceedings – Local Government Lawyer

‘The President of the Family Division, Sir Andrew McFarlane, has issued guidance for family judges on when, how and why to write to children in family court proceedings.’

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Local Government Lawyer, 26th February 2025

Source: www.localgovernmentlawyer.co.uk

Family Law Newsletter – Spire Barristers

‘Family Law Newsletter – January 2025; Articles, news, legislation updates and case updates from Care Proceedings, Private Law and Financial Remedy matters.’

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Spire Barristers, 14th January 2025

Source: www.spirebarristers.co.uk

Deprivation of liberty, children, care orders, and overlooked caselaw: a tangle for the Court of Appeal – Mental Capacity Law and Policy

‘West Sussex County Council v AB & Anor [2025] EWCA Civ 132, concerned a very challenging situation. It concerned a 17 year old woman with complex needs.’

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Mental Capacity Law and Policy, 20th February 2025

Source: www.mentalcapacitylawandpolicy.org.uk

Law firm ordered to pay wasted costs after failing to instruct counsel – Legal Futures

‘A law firm was negligent in failing to prepare for a three-day hearing or instruct counsel for it, a Family Court judge has ruled in making a wasted costs order.’

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Legal Futures, 25th February 2025

Source: www.legalfutures.co.uk

High court orders legal aid firm to pay costs in family case – Law Society’s Gazette

‘A family law firm has been ordered to pay costs of the other party after the High Court found it was negligent in the preparation of a family case for a three-day hearing.’

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Law Society's Gazette, 24th February 2025

Source: www.lawgazette.co.uk

Mother seeks court’s permission to ‘tell her story’ in legal first – Law Society’s Gazette

‘A mother whose rape allegation was wrongly dismissed is asking the High Court for permission to speak out about her case.’

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Law Society's Gazette, 20th February 2025

Source: www.lawgazette.co.uk

Judicial Anonymity? Not this time. – UK Human Rights Blog

‘In Tickle & Anor v The BBC & Ors [2025] EWCA Civ 4, the Court of Appeal considered the High Court’s decision to anonymise the names of several judges who had made decisions in historic care proceedings and private family law proceedings (“the historic proceedings”).’

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UK Human Rights Blog, 17th February 2025

Source: ukhumanrightsblog.com

Judge’s sperm donor warning over man who ‘fathered 180 children’ – BBC News

‘A sperm donor who claims to have fathered more than 180 children has been used by a judge to warn of the dangers of unregulated sperm donation.’

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BBC News, 11th February 2025

Source: www.bbc.co.uk

Deprivation of liberty and profound disability – an urgent need for appellate clarification – Mental Capacity Law and Policy

‘Another in the Lieven J-inspired line of challenges to Cheshire West can be found in Re V (Profound Disabilities) [2025] EWHC 200 (Fam), concerning a 15 year old boy with “profound enduring disabilities”.’

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Mental Capacity Law and Policy, 10th February 2025

Source: www.mentalcapacitylawandpolicy.org.uk

What to Do Where One Spouse Will Not Co-operate with a Court-Ordered Sale? – Financial Remedies Journal

‘The recently reported case of WZ v HZ [2024] EWFC 407 (B) (1 May 2024) provides guidance on how to manage the common occurrence of one spouse holding out in the family home despite an order for sale.’

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Financial Remedies Journal, 6th February 2025

Source: financialremediesjournal.com

Local authorities cannot authorise deprivations of liberty of children in care, Court of Appeal rules – Local Government Lawyer

‘The Court of Appeal has allowed an appeal over whether a local authority can authorise the deprivation of liberty of a 14-year-old boy in exercise of its parental responsibility under a care order.’

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Local Government Lawyer, 6th February 2025

Source: www.localgovernmentlawyer.co.uk

‘Disordered and chaotic’ financial remedies hearing adjourned over procedural breaches – Law Society’s Gazette

Posted February 4th, 2025 in adjournment, families, family courts, law firms, legal representation, news by tracey

‘A recorder has adjourned a family court hearing after finding the parties had come to it “in such a disordered and chaotic state that it is simply impossible to proceed in a fair way.” ’

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Law Society's Gazette, 3rd February 2025

Source: www.lawgazette.co.uk

Neurodiversity in the Family Justice System – Family Justice Council

Posted February 3rd, 2025 in autism, family courts, legal profession, legal representation, news by tracey

‘The Family Justice Council (FJC) has published Guidance on Neurodiversity in the Family Justice System for practitioners (PDF). The guidance is aimed at legal practitioners working with neurodivergent users of the Family Justice System.’

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Family Justice Council, 30th January 2025

Source: www.judiciary.uk

Judges who oversaw Sara Sharif’s family court cases before her murder named – The Independent

‘Three judges who oversaw Sara Sharif’s family court cases before she was murdered by her father and stepmother have now been named by a court. Judge Alison Raeside, Judge Peter Nathan and Judge Sally Williams were named on Friday as the three judges who were all involved in family court proceedings related to the care of the 10-year-old between 2013 and 2019 after a Court of Appeal ruling overturned a ban on the media identifying them.’

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The Independent, 31st January 2025

Source: www.independent.co.uk

High Court judge criticises ‘unconscionable delay’ in care case, extension of statutory time limits ‘by default’ – Local Government Lawyer

‘A High Court judge has made a care order in relation to a four-year-old girl (F), finding that her best interests will be met by an adoptive placement outside her family, while criticising the “unconscionable delay” in the case, which took almost 30 months to reach a conclusion’

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Local Government Lawyer, 31st January 2025

Source: www.localgovernmentlawyer.co.uk

Injuries to a baby: Part 2 – the court’s decisions – Transparency Project

Posted January 30th, 2025 in care orders, child cruelty, children, families, family courts, local government, news by sally

‘The local authority threshold statement at this stage detailed the injuries and submitted that the fractures were caused by excessive force or shaking; the bruises and abrasions caused by grabbing or squeezing. The parents had not been honest about the cause of the injuries and if one of them had caused them, the other had failed protect to Claire from being injured. Additionally, the local authority relied on an injury that had occurred earlier in the summer but had at that time not been deemed a child protection matter. The statement set out a list of concerns relating to David’s drug use and to Amy’s failure to protect Claire from the consequences. There were also references to David’s inappropriate handling of Claire although eventually this particular point was not included in the judge’s findings.’

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Transparency Project, 29th January 2025

Source: transparencyproject.org.uk

Injuries to a baby: Part 1 – a mystery to be solved by the family court – Transparency Project

Posted January 30th, 2025 in care orders, child abuse, children, evidence, family courts, news, personal injuries by sally

‘One evening in autumn 2023, a young couple took their five month old baby to an emergency hospital where she was diagnosed with numerous physical injuries (some very serious) which the parents couldn’t explain. Local authority children’s services were called in and care proceedings began. The baby went into foster care under an interim care order when she left hospital. Fortunately, she soon fully recovered from the injuries. More than a year later, a full care order was made.’

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Transparency Project, 29th January 2025

Source: transparencyproject.org.uk