134 results
4 Jan 2019 11:37
Richard Alomo and S Chelvan act for Claimant in Surrogacy and Birth Certificate Test CaseThe High Court has granted permission for a challenge to the lawfulness of sections 35 and 38 Human Fertilisation and Embryology Act 2008 (‘HFEA 2008’) in R (H) v Secretary of State for Health and Social Care (‘SSHSC’). In a decision dated 20 December 2018 Pepperall J granted permission to the more...
3 Jan 2019 09:28
Should we rely on the criminal justice system to reduce domestic abuse?Everyone involved in domestic abuse wants to stop it. But there is huge disagreement about how to do so. Many campaigners feel that domestic abuse would stop if all incidents were prosecuted, if more cases resulted in convictions, and if sentences were tougher. Their views are reflected in the more...
2 Jan 2019 09:50
Richard Alomo acts for successful claimant in an application for judicial reviewR (G) v HCC; Admin Court 20th December 2018 Richard represented the claimant whose children had been placed with prospective adopters by the defendant local authority in circumstances that were considered to be unfair. The family court had previously granted the defendant placement orders in more...
21 Dec 2018 09:11
Can the costs of surrogacy be recovered by a claimant in a clinical negligence claim?The Court of Appeal yesterday handed down an important decision in the case of XX -v- Whittington Hospital NHS Trust [2018] EWCA Civ 2839 concerning the recoverability of surrogacy costs when a claimant is rendered unable to have children naturally. The Respondent had admitted negligence in failing more...
17 Dec 2018 15:12
Are English marriage laws compliant with the EHCR? — David BurrowsDavid Burrows is a solicitor advocate, trainer and writer. Human rights and English marriage On 10 December 2018 responses were due to the government’s divorce reform proposals, Reducing family conflict Reform of the legal requirements for divorce (September 2018). A reply to responses is due from more...
13 Nov 2018 10:51
Damian Garrido QC in successful defence of Part III financial remedy claimMrs Justice Roberts handed down judgment on 6 November 2018 in the case of NN v AS & Ors – [2018] EWHC 2973 (Fam). Damian Garrido QC (leading Fiona Hay) represented the respondent husband in successfully defending all claims by the applicant wife for financial relief after an overseas divorce and more...
2 Nov 2018 09:32
No5 Barristers' Chambers earns top rankings in Chambers UK Bar Guide 2019No5 Barristers’ Chambers is delighted that its members and practice areas continue to receive Band 1 ranking in the 2019 edition of the Chambers UK Bar Guide. This year’s guide sees 100 ranked barristers within the set, 12 Band 1 Silks and 23 Band 1 Juniors. Christopher Young QC gains “New Silk”, more...
1 Nov 2018 16:40
Chambers UK Bar 2019 ListingsWe are delighted to have five Ranked Departments and 28 Ranked Barristers in the latest edition of Chambers UK Bar. The Court of Protection: Health & Welfare listing states “Members are widely recognised for their work at the cutting edge of developing the law in the Court of Protection.” Joseph more...
1 Nov 2018 16:03
Members Ranked in Chambers and Partners UK Bar 2019We are delighted to congratulate Nigel Moore for his ranking for Employment Law, Christopher Naish, Carol Mashembo & Rupert Chapman for their rankins for Matrimonial/Family Law and Gavin Collett for his ranking for planning. Chambers are very proud of their acheivements. more...
30 Oct 2018 11:39
Magdalen Chambers are again ranked as a leading set by the Legal 500 for 2018Leading set Western Circuit Bar Magdalen Chambers has solid expertise in civil and family law; recent instructions include care proceedings and financial remedy matters. Property law cases are prominent on the civil side, however, members are well versed in commercial, insolvency and planning more...
29 Oct 2018 15:24
Supreme Court rules that parental misconduct irrelevant to whether child should leave UK — an extended lookOn 24th October 2018 the Supreme Court gave its judgment in the conjoined cases of KO (Nigeria); IT (Jamaica); NS (Sri Lanka) and others; Pereira v Secretary of State for the Home Department [2018] UKSC 53 — read judgment. This is a major decision which clarifies the approach that the Immigration more...
23 Oct 2018 13:39
The importance of guardianshipConsidering the worst case scenario is not always easy to do. However, when you have children it is important to think about who would care for them if the worst should happen to you. It cannot always be assumed that if the worse case scenario occurred your child would end up with your partner, more...
Statutory Charge: Care Costs and Human Rights Act Applications
This is a short note following the further guidance in this area set down by Northamptonshire County Council & Anor v The Lord Chancellor (via the Legal Aid Agency) [2018] EWHC 1628 (Fam) (05 June 2018). http://www.bailii.org/ew/cases/EWHC/Fam/2018/1628.html and the Legal Aid Agency position: http:/ more...
9 Oct 2018 13:02
Should relatives be allowed to enter civil partnerships to benefit from Inheritance Tax exemption?In the days of ever increasing property values, but where the amount a person can pass to anyone free from Inheritance Tax on their death has been frozen for almost 10 years, should we be looking to protect the assets of those co-dependent on one another, whether or not they are in an intimate more...
8 Oct 2018 09:19
Round Up- Civil Partnerships for all and the Unlawfulness of Hardial Singh.In the News: The Government has announced that civil partnerships will be available to all couples, not just those which are same-sex. The government has said the move will address the “imbalance” of the current system. It will also provide a way of giving couples and their families greater security more...
2 Oct 2018 12:47
New podcastsWith the start of the legal term, we’ve posted three great podcasts on Law Pod UK. Episode 42 looks at the influence of international law on individual rights after Brexit. In Episode 43 Clare Ciborowska discusses the new offence of coercive and controlling behaviour in family proceedings. And in more...
28 Sep 2018 10:26
How much worse can it get? CRCs and domestic abuseI hope the picture painted by inspectors this week of how probation deals with domestic abuse is just a snapshot in time, that is never was and never will be as bad again. Few aspects of the service comes out well – from assessment, to working with other agencies, to protecting victims, to more...
24 Sep 2018 08:31
The police and domestic abuse – damned if they do, damned if they don’t“There are a lot of people who get very nervous around domestics because historically it’s been driven into the police that domestics lead to murders. I appreciate that some do but, with that in mind, people err on the side of extreme caution. They think ‘well, we have to arrest somebody, because more...
30 Aug 2018 08:36
Domestic abuse programmes - where is the evidence they work?Why is the government continuing to spend thousands of pounds on programmes aimed at reducing domestic abuse when they don’t know whether they work? Today Transform Justice brings out a report on reducing domestic abuse which advocates for greater use of perpetrator programmes to reduce domestic more...
28 Aug 2018 08:37
Healing or opening emotional wounds -should restorative justice be used for domestic abuse?There are many strongly held views about what should and shouldn’t be done in cases of domestic abuse. Campaigners supporting domestic abuse victims have long campaigned against some uses of restorative justice (‘a process whereby all parties with a stake in a particular offence come together to more...
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