The SC and the Judicial Committee of the Privy Council (JCPC) launched two brand-new websites and a Case Management Portal on 4 December 2024. In addition to providing access to resources the websites will also be a pathway to the new portal, which will enable users to file court documents digitally and track the progress …
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The SC has heard a tragic case which considered the extent of the tort of negligence. The case summary is as follows: ‘Background to the Appeal The law on the tort (that is the civil wrong) of negligence draws a fundamental distinction between liability for acts and omissions or, put another way, between making matters …
The Leasehold and Freehold Reform Act 2024 will have a wide-ranging impact on the leasehold sector if it is brought fully into force. But there are aspects of the Act that are currently in force. From 24 July 2024: The Act abolishes the s121 LPA 1925 remedies for the ‘historic’ rent charges (which can no …
Continue reading “LFRA 2024 – what is in force?”
The family court transparency pilots now encompass public and private law cases in the magistrates’ court across all 19 pilot areas. From 4 November 2024, accredited media may now report on such proceedings, subject to strict conditions on anonymity. Magistrates will make transparency orders limiting what can be reported. Practitioners should also note that the …
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New mandatory and discretionary disregards to financial eligibility tests for civil legal aid have been introduced under the Civil and Criminal Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2024. From 20 November 2024, applications for legal aid made from that date are affected and some people already receiving legal aid (and paying legal …
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Practitioners will benefit from a new Commons briefing paper on child maintenance, arrears and enforcement which has just been published. It sets out information on what action the Child Maintenance Service can take and its powers to collect unpaid maintenance. If payments are not made in full or on time under a statutory child maintenance …
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Fundamental defects in a suspended committal order prevented the court from activating it. The order for committal suspended for 18 months had been made against F following breaches of various return orders requiring him to procure the return of a child from Algeria to England. M applied for the order to be activated. The activation …
Continue reading “Committal proceedings – sentencing; procedural defects”
Where a child is removed from a jurisdiction by one parent with the other’s consent, proceedings under the Hague Convention will likely fail. The question in this case was whether F had in fact consented to M removing the children to the UK from the US. The parties had five children. The youngest born was …
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An expert report obtained after a final hearing was not reliable or procedurally acceptable and was not permitted as fresh evidence on appeal. Care and placement orders were made in respect of a baby girl (T) whose parents had histories of alcohol problems. F also had criminal convictions. Two older children were living with grandparents …
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In these private children proceedings, the court made a s8 order in an exceptional case: the child (C) was 17 years old. He had cerebral palsy and experienced associated physical and communication limitations. M was his main carer but was ‘wholly negative’ about F. At times, C expressed a clear wish to see F but …
Continue reading “Children – older child’s wishes and feelings”