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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

  FEATURES AND ANALYSIS

December 18, 2024

Lies in family law proceedings

Avaia Williams analyses a recent Court of Appeal judgment which provides insight into the handling of lies and credibility in family proceedings. The case clarifies the treatment of lies in family courts, particularly as it relates to fact-finding in child welfare cases and the distinction between the criminal and family courts.
December 18, 2024

Revocation of adoption orders

Joanna Moody considers whether, and if so in what circumstances, an adoption order can ever be revoked.
December 18, 2024

A guide to Transparency Orders

Claudia Saxton provides a simple breakdown guide in relation to transparency orders; who may be granted a transparency order and what may they report on.

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Dec 10, 2024

Birmingham on verge of settling equal pay claims

Birmingham City Council has reached a framework agreement with UNISON and GMB to settle historic equal pay claims made by members working for the local authority and Birmingham Children's Trust.
Nov 25, 2024

Lead judge for Family Drug and Alcohol Courts calls for expansion

The lead judge for the Family Drug and Alcohol Courts (FDACs), Lord Justice Peter Jackson, has called for their expansion, suggesting that it must move to the point where it is “not a sign of merit to have an FDAC, but an embarrassment not to have one”.

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December 17, 2024

Care proceedings and recusal

Gary Fawcett considers two recent care cases he has dealt with recently where ‘recusal’ has cropped up.
December 13, 2024

Providing support for children with complex needs

Alex Ruck Keene KC (Hon) examines a recent High Court case concerning the Mental Health Act, ‘detainability,’ and judicial scrutiny (and the real underlying problems of children with complex needs).
December 13, 2024

Making FGM protection orders

A High Court judge recently made some important observations on the making of FGM protection orders in the future. Adam Kayani examines the ruling.
December 13, 2024

Know your dispute resolution clauses

Natasha Davison and Chloe Poskitt set out the key take-aways from two recent cases in relation to dispute resolution procedures.
December 06, 2024

Service of claims and extension of time

A failure to abide by court rules meant that a judicial review claim challenging the grant of planning permission for the Bristol Sporting Quarter project failed at the first hurdle. Kary Withers explains why.
December 04, 2024

Trends in disrepair and complex housing claims

Following recent changes in the law and guidance, as well as recent media coverage of housing issues, there is a significant rise in housing disrepair claims. Mandy Williams and Nichola Johnston anticipate this trend will continue together with an increase in claims’ complexity.
December 04, 2024

Housing case law update: November 2024

Michael Owen, Sumi Begum and May Atkinson round up the latest cases and court decisions of interest to housing associations and local authorities.
November 22, 2024

World Heritage Sites – the Stonehenge judgment

Simon Barnes highlights the key aspects which are relevant to local government from the recent Court of Appeal judgment dismissing a challenge to a development consent order affecting Stonehenge.
November 20, 2024

Fluctuating capacity, the “longitudinal approach” and practical dilemmas

David Lock KC asks whether a “longitudinal approach” to when decisions can lawfully be made by patients with fluctuating capacity is consistent with the Mental Capacity Act 2005 (“the MCA”) and, if it is not, whether there is a better framework that could be used to enable decisions to be taken to protect this vulnerable class of persons using the inherent jurisdiction.
November 20, 2024

Capacity and civil proceedings

Holly Tibbitts examines new recommendations from a working group of the Civil Justice Council on determining capacity to litigate in civil proceedings.
November 20, 2024

Children case law update: November 2024

Sarah Hutchinson summarises recent Family Division rulings on an application by a father for a boy subject to a care order to be circumcised, and an application by an NHS for permission for NG feeding and restraint in respect of a 12-year old girl with anorexia nervosa.
November 20, 2024

Injuries and Part 25 experts

Matthew Timm analyses a Family Court ruling that a local authority had failed to discharge the burden of proof in asserting that injuries to a child when he was eight months old were inflicted by one or other of his parents.
November 15, 2024

Criminalising thought crime?

Kuljit Bhogal KC and Sarah Salmon explain why a defendant was recently convicted of breaching a PSPO near an abortion clinic.
November 08, 2024

The role of hair strand testing

“Hairstrand testing has its limitations.” So why are drug tests not always treated this way in the Family Court? Stephen Williams looks at the issues.