‘This week involves a trio of disastrous cases where things have gone wrong and judges have explained why.’
Transparency Project, 17th April 2018
Source: www.transparencyproject.org.uk
‘The recent Court of Appeal decision of Re P (A Child) [2018] EWCA Civ 720 (11 April 2018) concerned T (born we are told ‘in 2000’: ie she is 17 or over, see the Children Act 1989, s 31(3) below) and her younger sister, X. The case operates on a number of levels. The main issue for the Court of Appeal was the judge’s failure to provide a clear and prompt judgment to explain her original determination (communicated in abbreviated form, as explained below); and then to fail to provide the parties with clarification of reasons for her judgment as permissibly requested by them.’
Family Law, 13th April 2018
Source: www.familylaw.co.uk
‘Commissioner of Police of the Metropolis v DSD and Anor [2018] UKSC 11. I focus on one point of disagreement between the judges, which is whether a court, before holding that the state owes an investigative duty for the actions of private parties, would require the clearest statement in consistent decisions of the European Court of Human Rights.’
UK Human Rights Blog, 2nd March 2018
Source: ukhumanrightsblog.com
‘Review of the ecclesiastical court judgments during February 2018.’
Law & Religion UK, 3rd March 2018
Source: www.lawandreligionuk.com
‘Adele Cameron-Douglas, barrister of 4 Paper Buildings, asks how children can continue to be involved in proceedings that concern them after their conclusion.’
Family Law Week, 22nd February 2018
Source: www.familylawweek.co.uk
‘The recent publication of an online database of anonymised arbitrator challenge decisions by the London Court of International Arbitration (LCIA) is a “significant development in regards to transparency”, an expert has said.’
OUT-LAW.com, 14th February 2018
Source: www.out-law.com
‘Review of the ecclesiastical court judgments during January 2018, & additional judgments from 2017.’
Law & Religion UK, 31st January 2018
Source: www.lawandreligionuk.com
‘On 8 February, General Synod will consider the Report of the Revision Committee, GS 2064Y, on the draft Church of England (Miscellaneous Provisions) Measure, GS 2064A. An issue of relevance to ecclesiastical jurisdiction is Clause 7, which will finally resolve an on-going issue of the applicability of decisions of the Provincial Courts.’
Law & Religion UK, 29th January 2018
Source: www.lawandreligionuk.com
‘The BBC recently reported that two children were to be adopted ‘as kisses and cuddles [were] not enough‘.’
Transparency Project, 20th January 2018
Source: www.transparencyproject.org.uk
‘Crowdsourcing is an accurate predictor of court judgments, at best proving accurate in over eight out of ten cases, according to a rigorous analysis.’
Legal Futures, 8th January 2018
Source: www.legalfutures.co.uk
‘2017 has been a dramatic year in global politics and no less in the world of human rights law.’
UK Human Rights Blog, 22nd December 2017
Source: ukhumanrightsblog.com
‘Today [5 December] the Court of Appeal gave it’s eagerly awaited judgment in Budana v The Leeds Teaching Hospitals NHS Trust [2017] EWCA Civ 1980. Overturning the decision of DJ Besford in the County Court at Kingston-Upon-Hull, the court ruled that a pre-LASPO CFA could validly be transferred from one firm of solicitors to another, even after 1 April 2013, in such a way as to preserve the right to recover success fees and ATE premiums, provided all three parties (client and both firms) expressly so agreed.’
4 New Square, 5th December 2017
Source: www.4newsquare.com
‘At [53] of Hotak v Southwark LBC [2015] UKSC 30, [2016] AC 811, Lord Neuberger explained that whether or not a homeless applicant was ‘vulnerable’ within the meaning of s189(1)(c) Housing Act 1996 required consideration of whether he or she would be ‘significantly more vulnerable than ordinarily vulnerable’ as a result of being rendered homeless. In the conjoined appeals of Panayiotou and Smith, the Court of Appeal considered the meaning of the word ‘significantly’ in this context as well as a number of issues relating to the contracting out of homelessness decision making in instances where the public sector equality duty under s149 Equality Act 2010 is engaged.’
Garden Court Chambers, 10th November 2017
Source: www.gardencourtchambers.co.uk
‘In a commendable judgment dated 24 October 2016 in Premier Motorauctions v Pricewaterhouse Coopers, Snowden J injected a much needed dose of realism into an issue which had, for too long, suffered from a regrettable degree of uncertainty, namely security for costs applications against parties with after the event (ATE) insurance cover. Cases this year suggest that this is now a go-to authority for applications of this sort.’
Hardwicke Chambers, 16th November 2017
Source: www.hardwicke.co.uk
‘Mr Justice Moor has today [20 November] published his judgment about the death of Elsie (known to her biological family as Shayla). You can read the judgment here: The County Council of the City and County of Cardiff -v- Matthew Scully-Hicks and Others.’
Transparency Project, 20th November 2017
Source: www.transparencyproject.org.uk
‘The Court of Appeal has determined the extent of creditors’ entitlements to statutory interest on their debts and the correct approach for calculating their entitlement. It has ruled on the entitlement of representative creditors of Lehman Brothers International (Europe) (LBIE) to the surplus funds and on the calculation of the statutory interest due to them.’
OUT-LAW.com, 10th November 2017
Source: www.out-law.com
‘On 13 October, the High Court handed down the judgment Oldham Metropolitan Borough Council & Ors v Robin Makin & Ors [2017] EWHC Case No: HC-2017-002064 (Ch) concerning the arrangements for the disposal of the body of Ian Stewart-Brady, formerly Ian Brady (the “deceased”), one of the infamous Moors murderers. We posted some initial comments based upon the Court’s judgment and the Summary which it produced “to assist in understanding the Court’s decision”.’
Law & Religion UK, 8th November 2017
Source: www.lawandreligionuk.com
‘Solicitors claiming wrongful dismissal can potentially hold the Solicitors Regulation Authority to account in the employment tribunal following a Supreme Court judgment which clarifies rules on bringing complaints against qualifications bodies. The long-running case Michalak v General Medical Council and others centred on a discrimination complaint brought against the medical regulator by Dr Ewa Michalak. The SRA intervened in support of the GMC.’
Law Society's Gazette, 3rd November 2017
Source: www.lawgazette.co.uk
‘Family analysis: Farooq Ahmed, barrister at Westgate Chambers, considers the Court of Appeal’s decision in Re B (A Child) and how practitioners should consider whether to introduce covert recordings in family proceedings.’
Family Law, 1st November 2017
Source: www.familylaw.co.uk
‘In a recent article Jane Robey makes a serious point about judicial referral of parties to mediation; but she does so by criticising the judgment of Peter Jackson J (now Peter Jackson LJ) and his letter to ‘Sam’. There are lots of things wrong with the family justice system; and take up of mediation is disappointing. To use Peter Jackson J’s direct communication with the subject of the application in his court, as a means of promoting referral to mediation is surely to pick the wrong target?’
Family Law, 26th October 2017
Source: www.familylaw.co.uk
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