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Untangling disputes

Huw Davies examines some useful guidance on the use of Alternative Dispute Resolution in disputes involving local authorities. Read more

  NEWS

Feb 20, 2025

Senior judge issues warning to would-be parents over commercial foreign surrogacy arrangements

The President of the Family Division, Sir Andrew McFarlane, has put would-be parents of any age who are contemplating entering into a commercial foreign surrogacy arrangement on notice that the courts in England and Wales may refuse to grant an adoption order, with the result that the child that they have caused to be born may be permanently State-less and legally parent-less.

  FEATURES AND ANALYSIS

February 20, 2025

The Family Drug and Alcohol Court: time to take the brakes off?

The Family Drug and Alcohol Court has been hailed as a “vital” service for helping families address substance misuse issues, yet access to this potentially life-changing approach remains a postcode lottery. Lottie Winson analyses how FDAC can benefit children and families, the financial impact for local authorities, and the barriers to a national rollout.
February 19, 2025

Risk assessment in care proceedings

Reece McAllister analyses a significant Court of Appeal ruling on risk assessment and judicial reasoning in care proceedings.

  MORE NEWS

Jan 28, 2025

Family justice and social care systems paying “insufficient attention” to ensuring rights of parents with learning disabilities are upheld: Nuffield NFJO

The Nuffield Family Justice Observatory (NFJO) has highlighted the “important” role of advocates and intermediaries in enabling parents with learning disabilities to engage fully in court proceedings, after warning that family justice and social care systems are paying “insufficient attention” to ensuring that their rights under disability, equality and human rights legislation are upheld.

  MORE FEATURES

February 07, 2025

Contempt proceedings, the Aarhus Convention and costs

Rachel Sullivan analyses a case where it was successfully argued that contempt proceedings, brought against the local authority in a dispute over the felling of trees, were an Aarhus Convention claim and thus the claimant was entitled to costs protection.
February 05, 2025

Housing disrepair and EPA 1990 prosecutions

Edward Sainsbury and Matthew Lowry examine the rise of private prosecutions against landlords for damp and mould under the Environmental Protection Act 1990.
January 29, 2025

Travis Perkins fined £2m for fatal accident

The Sharpe Pritchard team provide an update on a recent case in which Travis Perkins, a building materials supplier, was fined £2 million for causing a fatal accident.
January 21, 2025

“On a DoLS”

Alex Ruck Keene KC (Hon) reports on some mythbusting by what he says was a (rightly) exasperated Court of Protection.
January 21, 2025

With great power

Matthew Maynard and Tom Duggan consider the impact of a Court of Appeal ruling on the extent of the powers of the Family Court.
January 17, 2025

Securing special educational provision

The High Court has provided important guidance on the ‘absolute duty’ to secure special educational provision, writes Ollie Persey.
January 17, 2025

Mental capacity and expert evidence

The Court of Appeal recently overturned a capacity ruling in a complex case. The ruling highlights the need for careful consideration of expert evidence, writes Catherine Rowlands.
January 15, 2025

Removal of neighbourhood traffic schemes

A High Court judge has dismissed a judicial review claim against the decision of Tower Hamlets to remove so-called ‘Liveable Streets’. Saira Kabir Sheikh KC and Daisy Noble explain why.
January 10, 2025

Saving shadow licences

Philip Kolvin KC looks at the lessons to be learned for those holding shadow licences from a recent High Court ruling involving a London nightclub.