Vulnerable adults and non-recognition of marriage

Amanda Schofield analyses a Court of Appeal ruling on the jurisdiction of the court to make a declaration that a marriage is not recognised as valid in England and Wales. Read more

  NEWS

Mar 18, 2024

Judge dismisses 'failure to remove' negligence claims on basis councils were prejudiced by 36-year delay between expiry of limitation period and issue of proceedings

The High Court has dismissed common law negligence claims against two councils alleging they should not have placed the claimant with his mother, with the judge concluding that the delay between the expiry of the limitation period and the issue of proceedings had had a detrimental effect on the evidence and availability of key witnesses.

  FEATURES AND ANALYSIS

March 13, 2024

Housing case law – February 2024

Alice Hughes, Tim Pearl and Janette Plummer round up the latest cases and court decisions of interest to housing associations and local authorities.
March 08, 2024

Adjudication and voluminous documents

A recent ruling from the Technology and Construction Court has suggested that voluminous documents will rarely be a breach of natural justice in adjudication, write Arjen Xani and Sarah Wilson.

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Mar 04, 2024

Judge rejects challenge to council declining to conduct EHC assessment

The High Court has rejected a challenge against a council’s decision not to undertake an education, health and care (EHC) needs assessment, after the local authority had expressed the view that the claimant was aged approximately 10 years older than his claimed age of 17.

  MORE FEATURES

February 22, 2024

Triangulation and flexibility

Alex Ruck Keene KC (Hon) reports on a recent case that showed how demanding taking capacity seriously is – and should be.
February 22, 2024

EHCPs and home education

Is it lawful for an EHC plan to specify home education – and if so, how? Katherine Anderson examines a recent Upper Tribunal ruling.
February 16, 2024

Remediation Orders: What you need to know

Joe Walker and Helen Arthur explain what a remediation order is and look at two recent cases to see how the First-Tier Tribunal has interpreted the framework for these.
February 09, 2024

Redaction of names of junior civil servants in judicial review proceedings

In a unanimous judgment, the Court of Appeal has dismissed the government’s appeal of a High Court judgment which proscribed the government’s practice of routinely redacting the names of junior civil servants when supplying disclosure in judicial review proceedings. Christian Grierson and Jonathan Blunden analyse the judgment.
February 08, 2024

Surrender by operation of law of joint tenancies

Nicholas Grundy KC and Daniel Crehan consider a Court of Appeal ruling on whether a council tenant was entitled to succeed to a secure tenancy on the death of his grandmother.
February 08, 2024

Housing case law - January 2024

Tom Bradbury, Charlotte Rawson and Janette Plummer round up the latest cases and court decisions of interest to housing associations and local authorities.
January 25, 2024

Obtaining evidence from children

Mrs Justice Lieven recently set out a realistic approach to obtaining evidence from children. Holly Hilbourne-Gollop analyses the ruling.
January 25, 2024

Children law update

Michael Jones KC analyses the latest public law children cases of interest to practitioners.
January 25, 2024

HXA and YXA in the Supreme Court

A recent Supreme Court ruling was very helpful for local authorities and their insurers but may not be the last word on ‘failure to remove’ claims, writes Paul Stagg.
January 24, 2024

Transparency in the Family Courts: The Reporting Pilot Rollout

Feargus Campbell provides a brief overview of the existing statutory framework governing attendance and confidentiality in the Family Courts before considering the Reporting Pilot and the associated ‘Transparency Order’, in the hope of demystify this brave new world.
January 19, 2024

Accommodating asylum seekers: some recent planning law cases

The scale of the current crisis as to where and how to provide accommodation for asylum seekers can be viewed through a succession of High Court planning law cases over the last year or so. Simon Ricketts gathers the cases in one place.
January 05, 2024

Some recent cases on witness statements

There have been three recent cases that each provide some developments on the law relating to witness evidence that will be useful for practitioners in judicial review proceedings, writes Charles Bishop.
January 05, 2024

Interim removal of children

A recent Court of Appeal authority is a useful case for family practitioners to have in their toolkit, particularly those representing parents facing applications for interim removal of their children, writes Malvika Jaganmohan.