Untangling disputes

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

  NEWS

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”.

  FEATURES AND ANALYSIS

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.

  MORE NEWS

Nov 18, 2024

Father fails in appeal in childcare case over subsequent diagnosis of autism

The Court of Appeal has rejected a father’s appeal against care and placement orders made in respect of his daughter, finding that while his subsequent diagnosis of autistic spectrum disorder (ASD) may have had a “bearing” on some of the risks identified in the case, the majority and the most serious identified risks were not linked to ASD.
Nov 15, 2024

Lessons from Lieven J

Holly Hilbourne-Gollop looks at a High Court judge’s realistic approach to obtaining evidence from children.
Nov 09, 2024

Much ado about timescales - planning challenges

A High Court judge recently dismissed a statutory challenge brought by a town council over permission for a 146-home scheme, saying he did not have power to extend time for service. Alex Minhinick and Emily Kell-Rowan analyse the judgment.

  MORE FEATURES

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.
November 06, 2024

HMO licensing appeals: to re-hear, or not to re-hear?

Angela Piears considers a First-tier Tribunal (FTT) case about HMO licences: How should the FTT approach the hearing of an HMO licensing appeal? Who can challenge the decision to grant an HMO licence? How should a local authority serve notices on a freehold company?
November 05, 2024

Housing case law: September & October 2024

Natalie Hurst and Jane Goodier round up the latest housing law cases and court decisions of interest to housing associations and local authorities.
October 23, 2024

Court of Protection case update: October 2024

Lauren Gardner and Eleanor Suthern round up the latest Court of Protection cases of interest to practitioners, including an important ruling on representation during review periods.
October 23, 2024

Retraction of allegations and deficiencies in investigations

Edward Lamb KC and Tara Vindis analyse a recent Court of Appeal case that dealt with the retraction of allegations; burdens of proof and deficiencies in investigatory procedures relating to allegations of sexual abuse within a family.
October 18, 2024

The need for holistic analysis

Graeme Bentley examines the implications for local authorities and child protection professionals of a recent Court of Appeal decision on whether a child currently living in foster care in England pursuant to an interim care order, should move to live with his father in Italy.
October 04, 2024

The High Court on school exclusions

The High Court recently rejected a legal challenge by parents against a school over the permanent exclusion of their son. Joe Orme-Paul sets out the key takeaways.
October 04, 2024

Identification of the perpetrator

Gary Fawcett examines a Court of Appeal ruling allowing an appeal by a guardian in care proceedings against the failure of the first instance judge to identify the perpetrator of injuries to a child.
September 26, 2024

How the CPR is now going ADR

John Pugh-Smith explains recent amendments to the Civil Procedure Rules, which take effect from Tuesday (1 October 2024) and reflect the Court of Appeal’s ruling in Churchill v Merthyr Tydfil CBC.
September 20, 2024

Insolvency cover clarified – Peabody Trust v NHBC

The High Court has clarified – in a case involving a social landlord – when a cause of action accrues under insurance policies providing contractor insolvency cover, and therefore when the limitation period begins. William O’Brien and Alicia Ogborn explains the ruling.