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Fact-finding hearings and medical evidence

Stephen Crispin and Matthew Brookes-Baker analyse the outcome of a fact-finding hearing in care proceedings concerning allegations that one or other of the parents had deliberately inflicted injury to a non-mobile infant. Read more

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April 12, 2024

Assessing allegations of non-accidental injury

The Court of Appeal recently allowed an appeal by the mother against a finding that injuries to a child were caused by one of six relatives who were present, rather than accident. Sara Chalk analyses the judgment.

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Apr 02, 2024

High Court allows parental order application despite existence of US adoption order

The President of the Family Division has determined the issue of whether or not the commissioning parents of a child born through a surrogacy arrangement in the USA, who had already adopted their child in that country, were nevertheless entitled to have a parental order granted in their favour in England and Wales.

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April 09, 2024

Housing case law update – March 2024

Sarah Christy, Laura Waby and Sumi Begum round up the latest housing law cases and court decisions of interest to local authorities and housing associations.
March 26, 2024

Lieven J puts the (Cheshire West) cat amongst the pigeons

A High Court judge recently refused a local authority’s application for a deprivation of liberty (DoL) order in respect of a 12-year-old girl with “profound and enduring” disabilities. Alex Ruck Keene KC (Hon) analyses the ruling.
March 19, 2024

Redactions to disclosure in judicial review litigation - a further update

A High Court judge has ruled that the general principle that a litigant in judicial review proceedings is not entitled, as a matter of course, to redact, on the ground of relevance, the identities of officials in disclosure cannot be contracted out by the parties’ agreement through a consent order. Jonathan Blunden and Christian Grierson analyse the judgment.
March 13, 2024

Housing case law – February 2024

Alice Hughes, Tim Pearl and Janette Plummer round up the latest cases and court decisions of interest to housing associations and local authorities.
March 08, 2024

Adjudication and voluminous documents

A recent ruling from the Technology and Construction Court has suggested that voluminous documents will rarely be a breach of natural justice in adjudication, write Arjen Xani and Sarah Wilson.
February 22, 2024

Triangulation and flexibility

Alex Ruck Keene KC (Hon) reports on a recent case that showed how demanding taking capacity seriously is – and should be.
February 22, 2024

EHCPs and home education

Is it lawful for an EHC plan to specify home education – and if so, how? Katherine Anderson examines a recent Upper Tribunal ruling.
February 16, 2024

Remediation Orders: What you need to know

Joe Walker and Helen Arthur explain what a remediation order is and look at two recent cases to see how the First-Tier Tribunal has interpreted the framework for these.
February 09, 2024

Redaction of names of junior civil servants in judicial review proceedings

In a unanimous judgment, the Court of Appeal has dismissed the government’s appeal of a High Court judgment which proscribed the government’s practice of routinely redacting the names of junior civil servants when supplying disclosure in judicial review proceedings. Christian Grierson and Jonathan Blunden analyse the judgment.