A, now 59, was convicted of ten child sex offences committed against his nephew and sentenced to a total of 12 years’ imprisonment. He successfully appealed the convictions on counts 3, 4 and 6 (causing a child under 13 to engage in sexual activity). He appealed on grounds that there was no evidence C was …
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The CA refused to make a placement order in favour of the aunt and uncle of M, who was 14 months old. M has been in care all his life but the aunt and uncle were not a realistic option for the placement. M’s mother has four children from a previous relationship. Soon after commencing …
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A ‘significantly revised’ version of the Imposition of community and custodial sentences guideline has been published by the Sentencing Council. In effect from 1 April 2025, a completely new section to the Imposition guideline is included. The document sets out the guiding principles magistrates and judges must follow when imposing community orders and custodial sentences, …
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Alienating behaviours vary in intensity, and in the extent of the emotional, social and psychological impact on the children. Such behaviours include manipulation, false allegations of abuse and encouraging bad feeling towards a parent. There is not yet any formal legal definition of parental alienation, but the Family Justice Council issued valuable guidance on the …
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Sentencing guidelines for those convicted of motoring offences committed while driving vehicles without the owner’s consent came into effect on 1 April 2025. They replace the earlier guidelines (which only covered sentencing by magistrates). The new guidelines cover four aggravated vehicle taking offences: causing death, causing injury, dangerous driving and causing vehicle/property damage. Criminal defence …
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The government has updated its policy paper: ‘Commonhold White Paper: The proposed new commonhold model for homeownership in England and Wales‘. This is a topic which practitioners may need to become conversant with. While commonhold has been with us for 20 years, its meagre take up meant that it was largely consigned to history. However, …
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The EAT has heard an interesting case regarding unfair dismissal and maternity rights. The case summary is as follows: ‘Unfair dismissal – automatic unfair dismissal – section 99 Employment Rights Act 1996 – maternity rights – regulations 10 and 20(1)(b) Maternity and Parental Leave etc Regulations 1999 Practice and procedure – schedule 1 of the …
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The SC has heard an important case regarding adverse possession which will be of interest to all property practitioners. The case summary is as follows: ‘Background to the Appeal This is a case about adverse possession. Mr Brown (the respondent) is the registered owner of land lying to the west of the Promenade, Consett, County …
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Employment lawyers should note that from 6 April 2025, the Employment Rights (Increase of Limits) Order 2025 comes into effect. This Order increases the limits applying to certain awards which ETs can make, and other sums payable under employment legislation, as specified in the Schedule to the Order. Practitioners must read all of it but …
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The CA has heard a case in which the issue was whether the Conditional Fee Agreement (‘CFA’) entered into between the respondent (the claimant in the original proceedings) and his solicitors Boyes Turner LLP (‘BT’) on 24 March 2015 had retrospective effect. Both the Costs Judge and Lavender J decided that it did. The appellants, …