Category: litigation friends

Immigration tribunal can appoint litigation friend despite no provision in the rules – Free Movement

Posted April 27th, 2016 in immigration, legal representation, litigation friends, news, practice directions, tribunals by sally

‘In the recent case of R (on the application of C) v First-Tier Tribunal and Others [2016] EWHC 707 (Admin) (not yet on BAILII but available on Westlaw) Picken J ruled that the immigration tribunal can appoint a litigation friend to represent a person who lacks capacity even though there is no provision to do so in the procedure rules, nor indeed in the statutory underpinnings of the tribunal.’

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Free Movement, 27th April 2016

Source: www.freemovement.org.uk

Mental Capacity Law Newsletter – Thirty Nine Essex Street

Posted March 18th, 2015 in consent, contempt of court, Court of Protection, damages, disabled persons, elderly, guardianship, health, human rights, inquests, learning difficulties, litigation friends, mental health, news, powers of attorney, Scotland by sally

Mental Capacity Law Newsletter (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

In re M and others (Children) (Abduction: Child’s Objections) – WLR Daily

Posted February 11th, 2015 in appeals, child abduction, children, civil procedure rules, custody, families, joinder, law reports, litigation friends by sally

In re M and others (Children) (Abduction: Child’s Objections) [2015] EWCA Civ 26; [2015] WLR (D) 44

‘Where a court was determining, for the purposes of article 13 of the Hague Convention 1980, whether a child objected to being returned and had attained the age and degree of maturity at which it was appropriate to take account of its views, the use of sub-tests and technicality were to be avoided.’

WLR Daily, 27th January 2015

Source: www.iclr.co.uk

“Nowadays not all law can be simple law; but the best law remains simple law” – Family Law Week

Posted February 11th, 2015 in appeals, child abduction, children, consent, custody, families, joinder, litigation friends, news by sally

‘Christopher Hames and Dorothea Gartland, of 4 Paper Buildings, & Nina Hansen, a partner of Freemans Solicitors, consider the important Court of Appeal judgment in Re M (Republic of Ireland) (Children’s Objection) (Joinder of Children as Parties).’

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Family Law Week, 4th February 2015

Source: www.familylawweek.co.uk

Blankley v Central Manchester and Manchester Children’s University Hospitals NHS Trust – WLR Daily

Posted March 26th, 2014 in appeals, contracts, costs, damages, fees, law reports, litigation friends, mental health, solicitors by sally

Blankley v Central Manchester and Manchester Children’s University Hospitals NHS Trust [2014] EWHC 168 (QB); [2014] WLR (D) 141

‘The termination of a solicitor’s actual authority by reason of a client’s supervening mental incapacity did not, it itself, automatically frustrate the underlying contract of retainer.’

WLR Daily, 5th February 2014

Source: www.iclr.co.uk

Dunhill (a protected party by her litigation friend Tasker) (Respondent) v Burgin (Appellant); Dunhill (a protected party by her litigation friend Tasker) (Respondent) v Burgin (Appellant) (No 2) – Supreme Court

Posted March 25th, 2014 in appeals, consent orders, damages, law reports, litigation friends, mental health, personal injuries, Supreme Court by sally

Dunhill (a protected party by her litigation friend Tasker) (Respondent) v Burgin (Appellant); Dunhill (a protected party by her litigation friend Tasker) (Respondent) v Burgin (Appellant) (No 2) [2014] UKSC 18

Supreme Court, 12th March 2014

Source: www.youtube.com/user/UKSupremeCourt

Dunhill v Burgin (Nos 1 and 2) – WLR Daily

Posted March 14th, 2014 in civil procedure rules, damages, law reports, litigation friends, mental health, personal injuries by tracey

Dunhill v Burgin (Nos 1 and 2): [2014] UKSC 18;  [2014] WLR (D)  122

‘The test of capacity to conduct proceedings for the purpose of CPR Pt 21 was the capacity to conduct the claim or cause of action which the claimant in fact had, rather than the claim as formulated by her lawyers. A consent order based on the settlement of a claim by a claimant who lacked capacity and did not have a litigation friend was not valid even though the claimant was legally represented.’

WLR Daily, 12th March 2014

Source: www.iclr.co.uk

Supreme Court places protection of vulnerable parties ahead of need for finality in litigation – Litigation Futures

Posted March 13th, 2014 in appeals, civil procedure rules, consent, litigation friends, mental health, news, Supreme Court by tracey

‘The policy underlying the Civil Procedure Rules is that protected parties need protection not only from themselves but also from their legal advisers, the Supreme Court ruled yesterday.’

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Litigation Futures, 13th March 2014

Source: www.litigationfutures.com