A Jarndyced View

Lucy Reed casts a critical eye over the new private law prescribed orders.

Full post: Pink Tape

Getting an expert report in private law proceedings

The Court of Appeal (almost a year after the High Court ruled otherwise) have decided in JG v the Lord Chancellor and Others 2014, that a Court can lawfully decide that the costs of an expert report be bourne by one party (the one who is receiving public funding) rather than split between everyone.

Full post: suesspiciousminds

Legal aid for children proceedings (pt II): The better news

This article looks at the case JG v Lord Chancellor and ors as one concerned with how legal aid may be obtained for children proceedings.

Full post: dbfamilylaw

Legal aid and payment for an expert in children proceedings

The long awaited conclusion to JG v Lord Chancellor and ors was that in the particular case the Legal Aid Agency was not entitled to refuse the child’s application in October 2008 for funding of a psychotherapist’s report for use in proceedings by the child’s father under Children Act 1989.

Full post: dbfamilylaw

A new dawn for the child support agreement?

There has been a variety of press publicity over the last couple of days about new child support plans – first that couples must agree amounts of payments of pay fees for continued use of a child support ‘service’.

Full post: dbfamilylaw

All a matter of interpretation

The President’s decision in Re J and S (children) 2014.

Full post: suesspiciousminds

A bundle of fun?

What follows is a fairly detailed look at Family Procedure Rules 2010 (FPR 2010), PD 27A.

Full post: Family Law Blog

Law, clarity in law and the litigant in person

This article is prompted by the real concern which many lawyers – especially family lawyers – have at the difficulties for litigants in person in the present family breakdown legal process.

Full post: dbfamilylaw

Divided we stand

The High Court have just reached a determination in a case involving seven children – Re S (Children : Care proceedings) 2014.

Full post: suesspiciousminds

Extinction bursts

Northamptonshire NHS Trust v Another 2014.

Full post: suesspiciousminds

popping your towel on a sunlounger to bask in English justice

Every once in a while, looking up from a life of flea-bites, crack cocaine and bureaucracy, it is nice to see how the other half live - Chai v Peng 2014.

Full post: suesspiciousminds

The Local Authority do have to participate in an appeal against orders they applied for

Re S (Children W &T) 2014.

Full post: suesspiciousminds

Mediation works best when a case is under way

Can compulsory attendance of separating couples at MIAMs reduce the burden on our congested courts, asks Marilyn Stowe.

Full post: Marilyn Stowe Blog

PR with a low profile

Hidden away in Schedule 2 to the Children & Families Act 2014 are some amendments to s12 of the Children Act 1989 which not everyone has yet noticed.

Full post: Pink Tape

Role of the appellate Court

Re B (A child) 2014.

Full post: suesspiciousminds

Thirteen year old has the capacity to terminate pregnancy

The case is Re A (a child) 2014.

Full post: suesspiciousminds

Press has no direct role in welfare proceedings in Court of Protection

Sir James Munby, President of the Court of Protection has ruled that the Daily Mail has no standing to be joined as a party in welfare proceedings in relation to a vulnerable adult who has been declared by the courts as lacking capacity under the Mental Health Act.

Full post: UK Human Rights Blog

Special Guardianship versus adoption

Ever since Re B-S, there has been a potential issue for the Courts to resolve – given that Re B-S talks about the test in leave to oppose being not about whether a parent might get the child back necessarily but about whether the Court might make an order OTHER THAN Adoption, with the test for making an adoption order still being ‘nothing else will do’ – what happens if a parent invites the Court to leave the child in the placement, but make a Special Guardianship Order rather than an adoption order?

Full post: suesspiciousminds

Successful appeal against placement order

The Court of Appeal’s decision in Re R (A child) 2014 and why an appeal is now even worse news for a Local Authority.

Full post: suesspiciousminds

Coming soon to a laptop or handheld device of your choosing…

Lucy Reed introduces her new going to court videos for litigants in person.

Full post: Pink Tape

Is it ‘game on’ for strategies to side-step liability?

James Pirrie, director at Family Law in Partnership, gives an overview of the possible consequences of the decision in Hakki in relation to child support.

Full post: Family Law Blog

the article 8 right is to family life, not a happy family life

Another case involving unregulated artificial conception of a child, and the difficulty in resolving the fall out afterwards - L v C 2014.

Full post: suesspiciousminds

Blood transfusion and Jehovah’s Witnesses part 2

Nottinghamshire Healthcare NHS trust and RC 2014.

Full post: suesspiciousminds

Re KP: A child's meeting with the judge is not for the purpose of gathering evidence

A brief summary of Re KP [2014] EWCA Civ 554.

Full post: Family Lore

Misuse of police protection – human rights claim

The High Court have ruled on a case involving the misuse of police protection in Re A-W & C (children) 2014.

Full post: suesspiciousminds