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Children – child protection database

The launch of the ContactPoint database has been postponed to January 2009. The information that can be held on ContactPoint is set out in s12 Children Act 2004 and supporting regulations.

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Child abduction – Japan

Japan is the only G7 nation not to have signed the 1980 Hague Convention on civil aspects of child abduction.

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Children – internal relocation

Re E [1997] is the leading case dealing with a parent’s attempt to prevent the parent with care of the children from relocating within the UK. The mother wanted to relocate from Romford to Blackpool with the two children, to be closer to her family.

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Children – Brussels II

Article 8 of the Brussels II Regulation (Council Regulation EC/2201/2003) provides that courts of a member state shall have jurisdiction over a child who is habitually resident in that state at the time the court is seised.

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Local authority duty to accommodate – child requiring help

A recent decision of the Court of Appeal, concerning the inter-relationship of s17 and s20 Children Act 1989 with the Housing Act 1988, appears to run contrary to the judgments given in a series of cases.

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Wasted costs order – courts’ approach

’A wasted costs application is a punitive remedy to enable a litigant to recover costs not otherwise recoverable caused by a solicitor’s improper conduct.’ This is Sumner J’s definition in a recent appeal against a wasted costs order made against a firm.

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Placement – three stages

There are three necessary stages in the statutory placement of a child: (i) it has to be considered whether adoption is in the best interests of the child; if it is, the local authority has to apply for a placement order; (ii) once a placement order is granted, it is the responsibility of the adoption panel to consider whether the adopter is approved; (iii) if so, it has to be decided whether the child is matched to the adopter.

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Expert in children case – referral

Where, in a children case, a professional, eg a child psychiatrist not treating the child, is asked, for the purposes of the proceedings, to make an assessment of him and he advises that the child should obtain psychiatric or other treatment which he is not currently obtaining, r10.20A(3) of the Family Proceedings Rules 1991 entitles a party to send that sort of report to the appropriate local resource in order to obtain treatment for that child.

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Adoption – president’s Guidance

The president of the Family Division’s Guidance, Listing Final Hearings in Adoption Cases, clarifies the legal requirements and practical arrangements for final hearings in adoption applications.

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Official Solicitor – regulations

The Family Procedure (Adoption) (Amendment) Rules 2008 amend rule 55(1)(a) (power of court to make an order appointing the Official Solicitor as litigation friend) to clarify that such an order may be made only if the Official Solicitor consents.

 


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Many litigators are no doubt all too aware of the Ministry of Justice (MoJ) January 2019 IT failures that hit the delivery of frontline legal services in some courts.  Read more...
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Part 36 offers – appropriate
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Part 36 of the CPR allows a claimant or defendant to make an offer of settlement before trial. If the offer is not accepted and the opposing party does not meet the offer at trial, the court may... Read more...
Noise nuisance – liability?
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A recent High Court decision has confirmed that L is not liable for nuisance caused by its T merely because L does not take steps available to prevent the cause of the nuisance, even when L knows... Read more...
RICS – service charges
Wednesday, 13 February 2019
We noted the RICS Code of Practice on service charges in our October 2018 issue, p19; the ‘Service Charges in Commercial Property (1st edition)’ comes into force on 1 April 2019. Read more...
Notice of severance – rectification?
Wednesday, 13 February 2019
A recent case reminds practitioners of the importance of ensuring that a notice of severance accurately records all of the titles intended to be severed. Read more...
Children – parental responsibility; removal of
Wednesday, 13 February 2019
In what circumstances might the court order the removal of PR from the father? The author comments on a recent case which involved a unique set of circumstances justifying the removal of PR.  Read more...
Incompetence – not discrimination
Wednesday, 13 February 2019
The CA has held that an incompetent process does not amount to discrimination. Read more...
Sentencing – contempt of court
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The Court of Appeal has ordered a new trial in relation to a claimant remanded to prison overnight for discussing evidence in a civil case.  Read more...

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