President s Guidance Bulletin number 2 Case management decisions and appeals therefrom. December 2010.
|
|
- Lilian Holmes
- 8 years ago
- Views:
Transcription
1 President s Guidance Bulletin number 2 Case management decisions and appeals therefrom December Introduction If my first Guidance (regarding split-hearings, issued in May 2010 and published in the July issue of Family Law at [2010] Fam Law 752) began with a note of a health warning, such a health warning applies even more strongly to what follows. I hope, however, that it will, nonetheless, be of assistance. As I have gone around the country, a number of judges and magistrates have told me that they feel unsupported by appellate jurisdictions. They thus feel, for example, that they must order an expert s report or an additional assessment by an independent social worker for fear that if they do not they will be appealed and criticised on appeal for not having done so. I cannot, of course, speak for the Court of Appeal, which will deal with any given appeal, or application for permission to appeal, on its merits. Equally, in my view, no court should ever deal with a case on the basis that one discretionary outcome rather than another may find greater favour with an appellate tribunal. I can, however, offer the following by way of guidance. It seems to me that there are two particular types of case management decisions in which this dilemma principally arises. The first relates to additional reports or assessments of children and their parents in care proceedings. The second is applications under section 38(6) of the Children Act I propose to deal with each in turn. Before doing so, however, it will, I think, do no harm to repeat a few obvious messages: - 1. As a general proposition, and as a matter of policy, appellate courts recognise that decisions at first instance are often taken quickly and under pressure both of time and other work. It follows that the instinct of the appellate court is to support the decision made below, unless that decision is as both Asquith LJ and Lord Fraser emphasise plainly wrong - see paragraph 3 below. 2. Judicial decisions under the Act are mostly discretionary. A judicial discretion must, of course, be exercised judicially. That said, the discretion is, usually, a wide one, particularly in relation to case management decisions. 3. It is worth remembering always what Atkin LJ said in Bellenden (formerly Sattersthwaite v Sattersthwaite [1948] 1 All ER 343T 345 (and cited by Lord Fraser in the Family case of G v G [1985] 1 WLR 647 at 651-2, [1985] FLR 894 at 898 namely: - 1
2 It is, of course, not enough to establish that this court might, or would, have made a different order. We are here concerned with a judicial discretion, and it is of the essence of such a discretion that on the same evidence two minds may reach different conclusions in relation to the same subject matter without either being wrong: or, to put it another way, an appellate court cannot reverse a court of first instance unless the decision at first instance is plainly wrong. 4. When exercising a first instance discretion, it is essential for the tribunal to take all relevant matters into account and to exclude all irrelevant matters. The pros and cons should then be weighed and a decision reached. The decision itself must be reasoned and clearly articulated. Provided it follows these rules, the decision should be fireproof. 5. Decisions can, of course, be plainly wrong if judges or magistrates make an error or errors of law. However, such errors in this category of case are unusual. The argument is more likely to centre on the manner in which the discretion has been exercised, and this in turn will depend upon the performance of the balancing exercise. 6. So when you are performing such an exercise, even if you are entirely clear about what you intend to do, I suggest that you take a few moments in your room to jot down or underline the relevant points to ensure that you have taken everything relevant into account and discarded the irrelevant. Itemise the considerations for and against the application and explain why you have decided as you have. Don t labour the fact that you are exercising your discretion, but say so, and remind yourself that it has to be and is being exercised judicially. 7. Quite what the factual matrix will be in a given case will, self-evidently, depend upon the facts of that case. However, always bear in mind that assessments or additional reports take time. It is thus always important to take delay and the timing of the application in question into account. There will be cases in which an assessment will not cause additional delay: there will be other cases in which the delay caused by an additional assessment may be a critical factor which tips the balance against it. Either way, ensure that you have dealt with the point in your judgment. 8. Any hearing you conduct must, of course, be ECHR Article 6 and 8 compliant. 9. Any appeal against a case management decision must be mounted swiftly see the decisions of the Court of Appeal in Re A (Residence Order) [2007] EWCA Civ 899 [2007] Fam. Law 1061, Re S (Child Proceedings: Urgent Appeals) [2007] EWCA Civ 958, [2007] 2 FLR 1044 and Re P and P (Care Proceedings: Appointment of Experts) [2009] EWCA Civ 610, [2009] 2 FLR 1370 (also discussed below). 2
3 Guidance Applications for additional assessments or for expert reports 10. Re-read the experts practice direction at [2009] 2 FLR Remember always that it is your case and your decision. An expert can only be instructed if you agree, and the function of the expert is to provide an opinion about a question that is not within the skill and experience of the court (PD paragraph 1.3). So always ask yourself: do I need this additional report to enable me to make a fair and proper decision? What can this expert add or contribute to the case? If the answer to the first question is no and to the second nothing, you are unlikely to order a report. 11. Process is important in family law, and every hearing you conduct must be ECHR Article s 6 and 8 compliant. This does not, of course, mean that you must accede to every parent s application for a second opinion: each decision is a matter of judgment. What is important is that your conduct of the proceedings is transparent and your conclusion is fair. This will inevitably involve balancing different factors in the manner I have already described before reaching a reasoned conclusion. 12. Always bear in mind the effect which any order you are being asked to make has on the time-table for the child and the case overall. 13. Always remember that issues of fact and credibility (who is believed and who is not) are matters for you, and not for the expert. 14. In public law care proceedings, judges and magistrates cannot make care orders under the Act unless they are satisfied both that the threshold criteria under section 31 of the Act are satisfied and that it is in the best interests of the child for a care order to be made. If the material available to you does not enable you to fulfil your statutory obligations to the child, say so, specifying the gap that needs filling, and - if you make an order for an expert opinion - list that as a principal reason for doing so. 15. Note that by virtue of paragraph 4.3(8) of the Practice Direction the party seeking permission to instruct an expert must explain why the expert evidence proposed cannot be given by social services undertaking a core assessment or by the children s guardian in accordance with their respective statutory duties. 3
4 Applications under section 38(6) of the Act 16. There are additional factors which should be taken into account when dealing with applications under sections 38(6) and (7). 17. It is, I think, worthwhile remembering that section 38 of the Act deals with interim care orders and interim supervision orders. So the court cannot make an order under section 38 (6) unless such an order is or will be in place. Section 38(6) is thus an exception to the general rule that where a care order is made, the local authority is in the driving seat and can effectively dictate how parental responsibility is to be exercised under section The two leading cases are the decisions in the House of Lords in Re C (A Minor) (Interim Care Order: Residential Assessment) [1997] AC 489, [1997] 1 FLR 1 (Re C) and Re G (A Minor) (Interim Care Order: Residential Assessment) [2005] UKHL 68. [2006] 1 AC 576, [2006] 1 FLR 601 (Re G). They should be re-read. 19. Two points of law were decided by Re C. They are: (1) that sections 38(6) and (7) of the Act are to be broadly construed and confer jurisdiction on the court to order or prohibit any assessment which involves the participation of the child and is directed to providing the court with the material which, in the view of the court, is required to enable it to reach a proper decision at the final hearing of the application for a full care order (per Lord Browne-Wilkinson); and (2) that the phrase the medical or psychiatric examination or other assessment of the child in section 38(6) is not to be interpreted so as to restrict assessments to the medical or psychiatric. 20. In addition, Re C makes it clear that it is impossible to assess a young child divorced from his or her environment and thus the assessment includes the relationship between the parents and the child or children concerned. 21. Re G, whilst adopting the broad approach set out in Re C decides that an assessment under section 38(6) does not include therapy or treatment, particularly for a parent. Inpatient treatment was thus beyond section 38(6) and the court had no power to order it under the sub-section. 22. Lord Scott, who conducts a helpful review of the authorities, specifically agreed with a statement by Holman J in Re M (Residential Assessment Directions) [1998] 2 FLR 371 at 381 which I think it useful to follow. Holman J said: -.. The court s powers..are limited to a process that can properly be described as assessment rather than 4
5 treatment although no doubt all treatment is accompanied by a continuing process of assessment. And they are limited to a process which bona fide involves the participation of the child as an integral part of what is being assessed. 23. Section 38(6) should thus be seen as part of the essential evidence gathering process. Plainly, if the proposed assessment is in fact a therapeutic intervention for the benefit of the parents, you will refuse the application. If, on the other hand, the assessment falls within Holman J s statement in Re M, that will be a factor which opens the door to the exercise of your discretion. I propose to illustrate this guidance by reference to examples of decisions of the Court of Appeal in which I gave the leading judgment. In the first, we supported the decision of the judge not to allow a further assessment. The second is a reversal of the judge s decision, but is largely concerned with an error in law. The third is an example of further expert evidence being required to assist the court. The fourth concerns the question of a second opinion, but was wholly exceptional on its facts. Example Re S [2008] EWCA Civ 1078, [2008] Fam Law 1267 (not otherwise reported). In this case, the Court of Appeal (Mummery LJ and myself) refused an application for permission to appeal the decision not to allow a section 38(6) assessment. We did so because: - (a) the judge was exercising a discretion, and had done so judicially; (b) the judge had conducted a careful balancing exercise: he had identified all the factors in favour of an assessment and had balanced them against the factors which militated against it; (c) he cited from and followed the relevant authorities; (d) he expressly weighed the question of delay; (e) he also considered carefully the likely disruption to the child caused by the assessment; (f) the judge was concerned about the information the mother had made available to those proposing the assessment, and took into account what he found to be the mother s lack of frankness in this respect; (g) the judge asked himself the question: would the report give him any important additional information? In this case, although it might not be necessary in all cases, there had been a previous, unsuccessful attempt at a residential assessment; 5
6 (h) the judge found that, as an exercise of discretion, the antis outweighed the pros by a significant margin and he refused the application. 25. Such a decision is plainly incapable of being appealed, even if the appellate court would be inclined to disagree with it. Example Re L and H (Residential Assessment) [2007] EWCA Civ 213. [2007] 1 FLR 1370, a decision of Thorpe LJ and myself. 27. What is important to note about this decision is that it is a rare example of where we took the view that the judge had made an error of law. The two factors which predominated in the case were: (1) that the judge had refused the assessment on the grounds that it involved a therapeutic element and was thus outside section 38(6); and (2) he gave no weight to the fact that a previous psychological assessment had strongly recommended a residential parenting assessment both to give the professionals involved in the case important information about the mother s practical parenting, and also to provide important, even vital information about how the parents relationship bore up under stress. 28. In our view, the judge had been plainly wrong to characterise the recommended assessment as outside section 38(6). The psychologist had suggested a concurrent therapeutic intervention by others, not a therapeutic intervention as part of the residential assessment. 29. The judge had also been wrong in saying, as he did, that the assessment would of necessity give rise to considerable and in my judgement unacceptable delay.. Had he ordered an assessment it would have been completed well in advance of the fixed date for the final hearing. 30. Our decision in Re L and H, therefore, was not primarily concerned with the reversal of the judge s discretionary judgment. 31. It is, of course, the case, that I go on to discuss the principles underlying the 1989 Act and describe fairness and a full and proper investigation as points which go to the root of family justice. I do not, however, think that I am saying more than the following: - (1) that care proceedings are important; (2) that the court has a duty to act in conformity with ECHR Articles 6 and 8; (3) that before making a care order the court has to be satisfied about the threshold criteria and that a care order is in the best interests of the child concerned; and (4) that given the importance of the issues to the child concerned and his or her family every case needs to be fully and properly investigated. 6
7 32. In my view, there is nothing in Re L and H to lead anyone to the view that they cannot take difficult decisions about disadvantaged children with impunity. This is, after all, what judges and magistrates are doing day in and day out. Example A rare example of a case management decision being reversed is Re P and P (Care Proceedings: Appointment of Experts) [2009] EWCA Civ 610, [2009] 1370 in which Smith LJ and I felt compelled to reverse a decision by Coleridge J who had refused permission to a local authority to instruct an paediatric pathologist to investigate an earlier child death which had manifested symptoms similar to those shown by one of the children who were the subject of the care proceedings before the judge. Coleridge J refused the application on the ground that it would lead to an extensive investigation and that the resulting delay could not be justified. We took the view that his decision was premature: the judge should have ordered the report and then decided upon the direction of the case. He had deprived himself of information which would have enabled him to make an informed decision. The appeal was supported by the guardian, and the enquiries were plainly material. Example W v Oldham MBC [2005] EWCA Civ 1247; [2006[1 FLR 543. A decision of Thorpe LJ, Black J (as she then was) and myself. 35. This case, although required reading, was wholly exceptional on its facts. It is an example of circumstances when it is necessary in the interests of fairness and justice to allow a parent a second opinion. The judge thought she was dealing with a medical consensus. In reality, it turned out to be nothing of the sort. All the doctors in the case at first instance simply deferred to the one doctor who had the specialism lacked by the others. When a second specialist was instructed, he took a different view (which proved to be that adopted by the judge). The parents were initially deprived of the opportunity to challenge the medical evidence. Summary 36. As we stated in Re P and P (see 33 above) [17] Case management decisions are not to be challenged on a whim, or because one party simply happens to disagree with them. They are discretionary decisions in which the allocated judge enjoys a very wide discretion to deal with the case within the confines of the overriding objective and taking into account the best interests of the child. There must be a point of substance which requires an urgent 7
8 challenge and speedy resolution. In the overwhelming majority of cases, no such point will arise. Where it does, however, speed is of the essence. Delay, as the 1989 Act makes clear, is usually contrary to the interests of children, as well as being the enemy of justice in most child cases. Conclusion 37. Having sat in the county court, and having listened to everything which is said to me, I know how difficult and stressful these cases are. But the message of this guidance, I hope, is that provided it is followed, your work will be respected and supported, even if it may look to you as though the case being heard in the Court of Appeal bears little or no resemblance to the case you heard. Nicholas Wall December
President s Guidance on Continuity and Deployment (Public Law)
Introduction President s Guidance on Continuity and Deployment (Public Law) 1. This Guidance is issued by the President of the Family Division under PD 12A (PLO 2014). 2. This Guidance applies to all care
More informationFOR THE GREATER GOOD? SUMMARY DISMISSAL, PSYCHIATRIC INJURY AND REMOTENESS
FOR THE GREATER GOOD? SUMMARY DISMISSAL, PSYCHIATRIC INJURY AND REMOTENESS While stress at work claims where a Claimant has been exposed to a lengthy and continuous period of stress recently benefited
More informationPUBLIC LAW PROCEEDINGS GUIDE TO CASE MANAGEMENT: APRIL 2010
PRACTICE DIRECTION PART 12A PRACTICE DIRECTION 12A PUBLIC LAW PROCEEDINGS GUIDE TO CASE MANAGEMENT: APRIL 2010 Scope 1.1 This Practice Direction applies to care and supervision proceedings. In so far as
More informationPRACTICE DIRECTIONS IMMIGRATION AND ASYLUM CHAMBERS OF THE FIRST- TIER TRIBUNAL AND THE UPPER TRIBUNAL
Tribunals b Judiciary PRACTICE DIRECTIONS IMMIGRATION AND ASYLUM CHAMBERS OF THE FIRST- TIER TRIBUNAL AND THE UPPER TRIBUNAL Contents PART 1 PRELIMINARY 1 Interpretation, etc. PART 2 PRACTICE DIRECTIONS
More informationFreedom of information guidance Exemptions guidance Section 41 Information provided in confidence
Freedom of information guidance Exemptions guidance Section 41 Information provided in confidence 14 May 2008 Contents Introduction 2 What information may be covered by this exemption? 3 Was the information
More informationILP A Briefing Asylum and Immigration (Treatment of Claimants, etc.) Bill House 0/ Lords - Committee stage IMMIGRATION LAW PRACTITIONERS' ASSOCIATION
ILP A Briefing House 0/ Lords - Committee stage ILPA IMMIGRATION LAW PRACTITIONERS' ASSOCIATION Briefing on the Government amendments to clause 14. For debate Tuesday 4th May. In summary, amendments 46A
More informationPractice Direction 25A Experts and Assessors in Family Proceedings
Practice Direction 25A Experts and Assessors in Family Proceedings This Practice Direction supplements FPR Part 25 Introduction 1.1 Sections 1 to 9 of this Practice Direction deal with the use of expert
More informationDEPARTMENT FOR CHILDREN, SCHOOLS AND FAMILIES. The Children Act 1989 Guidance and Regulations. Volume 1. Court Orders
DEPARTMENT FOR CHILDREN, SCHOOLS AND FAMILIES The Children Act 1989 Guidance and Regulations Volume 1 Court Orders A FRAMEWORK FOR THE CARE AND UPBRINGING OF CHILDREN 1 TABLE OF CONTENTS PAGE CHAPTER 1
More informationChildren and child law guide
Children and child law guide FEBRUARY 2010 For more briefings visit mourantozannes.com This briefing is only intended to give a summary and general overview of the subject matter. It is not intended to
More informationThe Court and your child:
The Court and your child: when social workers get involved easy words and pictures The Court and your child when social workers get involved People These are the people who appear in the booklet. 2 3 Text
More informationYOUR RIGHTS REGARDING ADMISSION TO AND DISCHARGE FROM A HOSPITAL UNDER MASSACHUSETTS MENTAL HEALTH LAW
YOUR RIGHTS REGARDING ADMISSION TO AND DISCHARGE FROM A HOSPITAL UNDER MASSACHUSETTS MENTAL HEALTH LAW Prepared by the Mental Health Legal Advisors Committee December 2011 Massachusetts General Laws Chapter
More informationANN THOMAS. The International Family Law Group LLP Hudson House, 8 Tavistock Street Covent Garden, London. WC2E 7PP + 44 (0) 20 3178 5668
To what extent are the courts being drawn from current binding authority on relocation and towards a non-presumptive approach as outlined in the Washington Declaration on International Family Relocation?
More informationMurrell v Healy [2001] ADR.L.R. 04/05
CA on appeal from Brighton CC (HHJ Coates) before Waller LJ; Dyson LJ. 5 th April 2001. JUDGMENT : LORD JUSTICE WALLER : 1. This is an appeal from Her Honour Judge Coates who assessed damages in the following
More informationThe Court of Protection Transparency Pilot
The Court of Protection Transparency Pilot Introduction 1. On January 2016 the Court of Protection will begin a pilot scheme aimed at addressing one of the most controversial of its characteristics- its
More informationJUDICIAL REVIEW: A QUICK AND EASY GUIDE
Richard Stein Partner Leigh Day & Co Solicitors Priory House 25 St John s Lane London EC1M 4LB T 020 7650 1200 F 020 7253 4433 E fightthecuts@leighday.co.uk www.leighday.co.uk JUDICIAL REVIEW: A QUICK
More information4. In Dymocks Franchise Systems (NSW) Pty Ltd v Todd [2004] UKPC 39 Lord Brown clarified:
Third Party Costs Orders against Solicitors 1. This article discusses the rise in applications against solicitors for third party costs orders, where solicitors have acted on conditional fee agreements
More informationAdoption: what does it mean for birth parents?
Advice line: 0808 801 0366 Mon Fri: 9:30 3:00 Or get support on our discussion boards. www.frg.org.uk Advice line 0808 801 0366 Mo Fr: 9:30 3:30 Adoption: what does it mean for birth parents? Introduction
More informationClinical Negligence: A guide to making a claim
: A guide to making a claim 2 Our guide to making a clinical negligence claim At Kingsley Napley, our guiding principle is to provide you with a dedicated client service and we aim to make the claims process
More informationReform to Lost Years Damages in Mesothelioma Claims
Reform to Lost Years Damages in Mesothelioma Claims September 2008 Neil Fisher and Kevin Johnson John Pickering and Partners LLP Email: kj@johnpickering.co.uk 19 Castle Street Liverpool L2 4SX Tel: 0151
More informationGeneral Teaching Council for Scotland Fitness to Teach Panel Outcome. Procedural Hearing 15 September 2015
ANNEX General Teaching Council for Scotland Fitness to Teach Panel Outcome Procedural Hearing 15 September 2015 Respondent Sarah May Watt Registration number 114016 Registration category Primary Panel
More informationComplaints Policy. Policy Consultation & Review
Complaints Policy Author/ Edited By Jo Bolver Review Body Policy review sub-committee (interim) Approved By the Governing Body 18 th May 2015 Next Review Due 3 yearly May 2018 Policy Consultation & Review
More information1. General Role and Conduct of Members and Officers
Hampshire County Council Local Protocol on Planning, Rights of Way and Commons Registration for Members of Regulatory Committee, Substitute Members of Regulatory Committee and Officers 1. General Role
More informationHow To Find Out If You Can Pay A Worker Under The Cfa
Neutral Citation Number: [2015] EWCA Civ 415 IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM BRISTOL COUNTY COURT (HIS HONOUR JUDGE DENYER QC) A2/2014/0127 Royal Courts of Justice Strand London,
More informationPO (interests of the state Article 8) Nigeria [2006] UKAIT 00087 THE IMMIGRATION ACTS. On 27 June 2006 24 October 2006. Before
Asylum and Immigration Tribunal PO (interests of the state Article 8) Nigeria [2006] UKAIT 00087 THE IMMIGRATION ACTS Heard at Field House Determination Promulgated On 27 June 2006 24 October 2006 Before
More informationAhmadi (s. 47 decision: validity; Sapkota) [2012] UKUT 00147 (IAC) THE IMMIGRATION ACTS. Before UPPER TRIBUNAL JUDGE PETER LANE. Between JAVAD AHMADI
Upper Tribunal (Immigration and Asylum Chamber) Ahmadi (s. 47 decision: validity; Sapkota) [2012] UKUT 00147 (IAC) THE IMMIGRATION ACTS Heard at Royal Courts of Justice On 7 March 2012 Determination Promulgated
More informationEmployer Liability for Consequences of Teacher Stress House of Lords Decision
Employer Liability for Consequences of Teacher Stress House of Lords Decision Macrossans Lawyers, Brisbane, Queensland In Barber v. Somerset County Council the House of Lords recently delivered an important
More informationPRACTICE DIRECTION 12A CARE, SUPERVISION AND OTHER PART 4 PROCEEDINGS: GUIDE TO CASE MANAGEMENT
PRACTICE DIRECTION 12A CARE, SUPERVISION AND OTHER PART 4 PROCEEDINGS: GUIDE TO CASE MANAGEMENT 1. THE KEY STAGES OF THE COURT PROCESS 1.1 The Public Law Outline set out in the Table below contains an
More informationLIMITATION UPDATE. 1. Recently, the Courts have been looking at three areas of limitation law and
LIMITATION UPDATE 1. Recently, the Courts have been looking at three areas of limitation law and practice. One is when it is permissible to introduce a new claim in pending proceedings after the limitation
More informationEMPLOYMENT APPEAL TRIBUNAL 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS
Appeal No. EAT/1318/01/TC EMPLOYMENT APPEAL TRIBUNAL 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS At the Tribunal On 4 December 2002 Judgment delivered on 6 February 2003 Before THE HONOURABLE MR JUSTICE ELIAS
More informationSummary Disposal of Unfair Relationships Claims: Axton & Axton v GE Money Mortgages Limited
Alerter Banking, Finance and Consumer Credit 3 June 2015 Summary Disposal of Unfair Relationships Claims: Axton & Axton v GE Money Mortgages Limited and another [2015] EWHC 1343 By Judgment on appeal 1.
More informationPRACTICE DIRECTIONS IMMIGRATION JUDICIAL REVIEW IN THE IMMIGRATION AND ASYLUM CHAMBER OF THE UPPER TRIBUNAL. Contents PART 1 PRELIMINARY PART 2 SCOPE
PRACTICE DIRECTIONS IMMIGRATION JUDICIAL REVIEW IN THE IMMIGRATION AND ASYLUM CHAMBER OF THE UPPER TRIBUNAL Contents PART 1 PRELIMINARY 1. Interpretation 2. Scope PART 2 SCOPE PART 3 GENERAL PROVISIONS
More informationFitness to Practise Determination
Fitness to Practise Determination The following case was heard by a Fitness to Practise Panel. It is presented here to give an example of one possible outcome of breaching a principle in Good Medical Practice.
More information2015 No. 548 (L. 6) MENTAL CAPACITY, ENGLAND AND WALES. The Court of Protection (Amendment) Rules 2015
S T A T U T O R Y I N S T R U M E N T S 2015 No. 548 (L. 6) MENTAL CAPACITY, ENGLAND AND WALES The Court of Protection (Amendment) Rules 2015 Made - - - - 4th March 2015 Laid before Parliament 9th March
More informationAn Introduction to Judicial Review
Short Guide 03 An Introduction to Judicial Review Public Law Project Contents The Public Law Project (PLP) is a national legal charity which aims to improve access to public law remedies for those whose
More informationHickman v Lapthorn [2006] ADR.L.R. 01/17
JUDGMENT : The Hon. Mr. Justice Jack : QBD. 17 th January 2006 1. This was a claim against solicitors and counsel for negligence in advising the claimant to settle at too low a value his claim arising
More informationThe intention of this guide is to provide information on how to make your claim through the European Small Claims Procedure.
UK European Consumer Centre Introduction The intention of this guide is to provide information on how to make your claim through the European Small Claims Procedure. The following guide is for UK consumers
More informationThe Court of Protection Rules 2007
STATUTORY INSTRUMENTS 2007 No. 1744 (L. 12) MENTAL CAPACITY, ENGLAND AND WALES The Court of Protection Rules 2007 Made - - - - - 25th June 2007 Laid before Parliament 4th July 2007 Coming into force -
More informationDecision 131/2008 Mr N and East Ayrshire Council. Tender Documents. Reference No: 200800298 Decision Date: 7 October 2008
Decision 131/2008 Tender Documents Reference No: 200800298 Decision Date: 7 October 2008 Kevin Dunion Scottish Information Commissioner Kinburn Castle Doubledykes Road St Andrews KY16 9DS Tel: 01334 464610
More informationBeattie v Secretary of State for Social Security,
CASE ANALYSIS Income Support Capital to be treated as income - Structured settlement of damages for personal injury - Whether periodical payments that arise from the annuity are to be treated as income
More informationIN THE SUPREME COURT OF THE STATE OF KANSAS. No. 99,491. KANSAS DEPARTMENT OF REVENUE, Appellant, JILL POWELL, Appellee. SYLLABUS BY THE COURT
IN THE SUPREME COURT OF THE STATE OF KANSAS No. 99,491 KANSAS DEPARTMENT OF REVENUE, Appellant, v. JILL POWELL, Appellee. SYLLABUS BY THE COURT 1. Under the Kansas Act for Judicial Review and Civil Enforcement
More informationBACK TO BASICS: TAX AND PROFESSIONAL NEGLIGENCE
GITC REVIEW VOL.XIII NO.1 ~ DECEMBER 2014 BACK TO BASICS: TAX AND PROFESSIONAL NEGLIGENCE by Michael Thomas It is a sobering thought that those of us who give tax advice are potentially one slip away from
More informationThe exemption for legal professional privilege (section 42)
ICO lo The exemption for legal professional privilege Freedom of Information Act Contents The exemption for legal professional privilege... 1 Overview... 2 What FOIA says... 2 General principles of s42
More informationGeneral Practice Direction Direction given under section 18B of the Administrative Appeals Tribunal Act 1975
General Practice Direction Direction given under section 18B of the Administrative Appeals Tribunal Act 1975 Administrative Appeals Tribunal / General Practice Direction 1 Contents General Practice Direction...
More informationIN THE MATTER OF AN APPEAL TO THE FIRST TIER TRIBUNAL (INFORMATION RIGHTS) UNDER SECTION 57 OF THE FREEDOM OF INFORMATION ACT 2000.
IN THE MATTER OF AN APPEAL TO THE FIRST TIER TRIBUNAL (INFORMATION RIGHTS) UNDER SECTION 57 OF THE FREEDOM OF INFORMATION ACT 2000 B E T W E E N:- EA/2012/0082 IAN McCULLOUGH -and- THE INFORMATION COMMISSIONER
More informationParents recording social workers - A guidance note for parents and professionals
Parents recording social workers - A guidance note for parents and professionals The Transparency Project December 2015 www.transparencyproject.org.uk info@transparencyproject.org.uk (Charity Registration
More informationNEGLIGENCE CLAIMS AGAINST PUBLIC BODIES WHERE ARE WE NOW?
NEGLIGENCE CLAIMS AGAINST PUBLIC BODIES WHERE ARE WE NOW? On 1 April 2004, the House of Lords handed down judgment in Gorringe v Calderdale MBC [2004] 1 WLR 1057. Although on its facts concerned solely
More informationInformation for registrants. What happens if a concern is raised about me?
Information for registrants What happens if a concern is raised about me? Contents About this brochure 1 What is fitness to practise? 1 What can I expect from you? 3 How are fitness to practise concerns
More informationJUMBOGATE LTD. - and - THE COMMISSIONERS FOR HER MAJESTY S REVENUE & CUSTOMS TRIBUNAL: JUDGE GREG SINFIELD
[] UKFTT 0064 (TC) TC04271 Appeal number: TC/13/06946 PROCEDURE application to set aside strike out under rule 8(3)(c) Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 09 and reinstate appeals
More informationAPPEAL FROM DECISION OF MEDICAL APPEAL TRIBUNAL ON A QUESTION OF LAW
12.2.63 R(l) 9/63 (Scottish case) /Tribunal Decision APPEAL FROM DECISION OF MEDICAL APPEAL TRIBUNAL ON A QUESTION OF LAW Jurisdiction of Medical Appeal lkibonal=ature of deeision where case raises questions
More informationAN BILLE UM CHIONTÓIRÍ A ATHSHLÁNÚ 2007 REHABILITATION OF OFFENDERS BILL 2007. Mar a tionscnaíodh As initiated ARRANGEMENT OF SECTIONS
AN BILLE UM CHIONTÓIRÍ A ATHSHLÁNÚ 2007 REHABILITATION OF OFFENDERS BILL 2007 Section 1. Interpretation. Mar a tionscnaíodh As initiated ARRANGEMENT OF SECTIONS 2. Application to have sentence spent. 3.
More informationCafcass and Independent Reviewing Officer. Protocol for Public Law Work. Independent Reviewing Officer
Cafcass and Independent Reviewing Officer Protocol for Public Law Work The Protocol has been developed in response to the need to agree a clear understanding of the statutory roles and interface between
More informationCausation for nursing
Causation for nursing Abstract This article considers the application of the tests of factual and legal causation to cases of medical negligence. It is argued that in light of the recent development of
More informationasist The Mental Health Act and You advocacy services in staffordshire asist making advocacy a right not a privilege
asist advocacy services in staffordshire The Mental Health Act and You asist making advocacy a right not a privilege Contents 2 2 The Mental Health Act and you The Mental Health Act What you have a right
More informationDISCIPLINARY, DISMISSAL AND GRIEVANCE PROCEDURES. Guidance for employers
DISCIPLINARY, DISMISSAL AND GRIEVANCE PROCEDURES Guidance for employers Contents Foreword...1 Chapter 1: Disciplinary and dismissal procedures...2 Communicating your disciplinary and grievance procedures...2
More informationMARCELLO ARBIZO III, Petitioner/Appellee, AMANDA SHANK, Respondent/Appellant. No. 2 CA-CV 2014-0166 Filed September 18, 2015
IN THE ARIZONA COURT OF APPEALS DIVISION TWO MARCELLO ARBIZO III, Petitioner/Appellee, v. AMANDA SHANK, Respondent/Appellant. No. 2 CA-CV 2014-0166 Filed September 18, 2015 THIS DECISION DOES NOT CREATE
More informationConditional Fee Arrangements, After the Event Insurance and beyond!
Conditional Fee Arrangements, After the Event Insurance and beyond! CFAs, ATEs, DBAs Let s de-mystify the acronyms! 1. Conditional Fee Arrangements 1.1. What is a Conditional Fee Arrangement A conditional
More informationOpen, Calderbank and Part 36 offers considerations and tactics
Open, Calderbank and Part 36 offers considerations and tactics PJ Kirby QC 1. Introduction 1.1 In detailed assessment proceedings there will, as in all disputes, be advantages in settling the matter in
More informationUPPER TRIBUNAL IMMIGRATION AND ASYLUM CHAMBER. GUIDANCE NOTE 2011 No 2
UPPER TRIBUNAL IMMIGRATION AND ASYLUM CHAMBER GUIDANCE NOTE 2011 No 2 REPORTING DECISIONS OF THE UPPER TRIBUNAL IMMIGRATION AND ASYLUM CHAMBER This guidance note is issued under Paragraph 7 of Schedule
More informationRACING APPEALS TRIBUNAL NEW SOUTH WALES EX TEMPORE DECISION
RACING APPEALS TRIBUNAL NEW SOUTH WALES TRIBUNAL MR DB ARMATI EX TEMPORE DECISION FRIDAY 6 DECEMBER 2013 LICENSEE OSCAR GATT AUSTRALIAN HARNESS RACING RULE 187(3) DECISION: 1. Offence found proven 2. Penalty
More informationOPENING INSTRUCTIONS
OPENING INSTRUCTIONS Members of the Jury: Respective Roles of Jurors and Judge You ve been chosen as jurors for this case, and you ve taken an oath to decide the facts fairly. As we begin the trial, I
More informationProblematic Probate (Part 1)
Problematic Probate (Part 1) How to avoid a will dispute (and a potential negligence claim). The purpose of this series of articles is to give a litigator s point of view on the validity of wills and other
More informationGood Decision-Making Guide Good decisions make good sense
Good Decision-Making Guide Good decisions make good sense Introduction Today s community expects that public agencies will operate consistently and fairly and that government at all levels will have systems
More informationCriminal Law Review Conference - 3 December 2015. Lord Justice Treacy. Keynote address
Criminal Law Review Conference - 3 December 2015 Lord Justice Treacy Keynote address I am pleased to be here today as I think this a good opportunity for me as Chairman, to outline four broad themes which
More informationA READER S GUIDE TO THE CARE AND PROTECTION JURISDICTION
A READER S GUIDE TO THE CARE AND PROTECTION JURISDICTION The Care and Protection jurisdiction is an often undervalued and misunderstood jurisdiction. This is despite the fact that decisions are made in
More information(1) MEENA SEDDON (2) WAYNE SEDDON (3) DEBRA JEAN SEDDON (Trustees of Mrs M Seddon Second Discretionary Settlement) - and -
Appeal number:tc/2013/01540 INHERITANCE TAX settled property scrip dividends whether income or capital whether property comprised in the settlement for the purposes of an exit charge before the first 10
More informationJulie Belt v Basildon & Thurock NHS Trust [2004] ADR L.R. 02/27
JUDGMENT : MRS JUSTICE COX: QBD. 27th February 2004 1. The appellant, Julie Belt (hereafter referred to as the claimant ), appeals from the order of His Honour Judge Yelton dated 30 October 2003, setting
More informationThe Children Act 1989
The Children Act 1989 The Children Act 1989 supplemental guidance: Volume 1 Court Orders For social work practitioners, directors of social services, heads of children s services and local authorities
More informationUNFAIR DISMISSAL: WHEN WILL THE COURTS ALLOW EXTENDED TIME LIMITS?
UNFAIR DISMISSAL: WHEN WILL THE COURTS ALLOW EXTENDED TIME LIMITS? This article appeared in Employment Law Journal February 2008 Number 87 In the light of a series of recent EAT cases, Marc Jones and Mandeep
More informationIMPROVING THE RESOLUTION OF TAX TREATY DISPUTES
ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT IMPROVING THE RESOLUTION OF TAX TREATY DISPUTES (Report adopted by the Committee on Fiscal Affairs on 30 January 2007) February 2007 CENTRE FOR TAX
More informationWESTERN AUSTRALIAN FEDERATION OF SEXUAL ASSAULT SERVICES (WAFSAS) FORUM 4 October 2005, Perth
WESTERN AUSTRALIAN FEDERATION OF SEXUAL ASSAULT SERVICES (WAFSAS) FORUM 4 October 2005, Perth Criminal Injuries Compensation By Helen Porter, Office of Criminal Injuries Compensation. INTRODUCTION In this
More informationAPPEAL FROM DECISION OF MEDICAL APPEAL TRIBUNAL ON A QUESTION OF LAW
19.3.63 R(I) 11/63 APPEAL FROM DECISION OF MEDICAL APPEAL TRIBUNAL ON A QUESTION OF LAW Principles of natural justice--provisions of Interpreters The clairnan t, a Ukrainian married to an English wife,
More informationThis opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014).
This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). STATE OF MINNESOTA IN COURT OF APPEALS A14-0553 State of Minnesota, Respondent, vs. Darrell
More informationWhy use ADR? Pros & cons
Why use ADR? Pros & cons Thinking about ADR? This leaflet is for you if you ve heard about alternative dispute resolution (ADR) and are wondering whether to use it to try and resolve a dispute. It will
More informationIN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT. (Sacramento) ----
Filed 10/23/96 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ---- SHARON BOUTTE, Plaintiff and Respondent, 3 Civ. C020606 (Super. Ct.
More informationJAMES MILLER STRESS - EMPLOYERS BEHAVING BADLY? SEPTEMBER 2002
JAMES MILLER STRESS - EMPLOYERS BEHAVING BADLY? SEPTEMBER 2002 Reynolds Porter Chamberlain Chichester House 278-282 High Holborn London WC1V 7HA Direct Tel: 020 7306 3517 Fax: 020 7242 1431 Direct Email:
More informationGA/2013/0001 Luxury Leisure Ltd The Gambling Commission NJ Warren
FIRST-TIER TRIBUNAL GENERAL REGULATORY CHAMBER Gambling Tribunal Reference: Appellant: Respondent: Judge: GA/2013/0001 Luxury Leisure Ltd The Gambling Commission NJ Warren DECISION NOTICE A. Introduction
More informationFinding and choosing a mediator
Finding and choosing a mediator Thinking about mediation? This leaflet is for you if you ve heard about mediation and you re interested in trying it to resolve a dispute you are involved in. Or perhaps
More informationFamilies with Children in Care
Families with Children in Care A guide to your rights if your child is in care Partnership with Families Project Family Advocacy Service support for families with children in care Handbook This guide for
More informationwww.costsbarrister.co.uk NIHL and success fees Andrew Hogan Barrister at law 1
www.costsbarrister.co.uk NIHL and success fees Andrew Hogan Barrister at law 1 On 13 th March 2015 at 4pm, Mr Justice Phillips handed down judgment in conjoined cases, Dalton and others.v.british Telecommunications
More informationNEGLIGENT SETTLEMENT ADVICE. Daniel Crowley and Leona Powell consider the Court s approach to negligent settlement advice.
NEGLIGENT SETTLEMENT ADVICE Daniel Crowley and Leona Powell consider the Court s approach to negligent settlement advice. The standard of care owed by a solicitor to his client has been established for
More informationBVI Case update: Challenges to winding up applications in the BVI - the implications of arbitration clauses in underlying contracts.
BVI Case update: Challenges to winding up applications in the BVI - the implications of arbitration clauses in underlying contracts. When there is a valid arbitration clause in a contract, which contract
More informationLitigated Issues in mergers and markets investigations: Access to Evidence
Litigated Issues in mergers and markets investigations: Access to Evidence James Webber Partner, Shearman & Sterling LLP 30 April 2015 Brief for today First an overview of the cases on access to evidence
More informationChild Abuse, Child Neglect. What Parents Should Know If They Are Investigated
Child Abuse, Child Neglect What Parents Should Know If They Are Investigated Written by South Carolina Appleseed Legal Justice Center with editing and assistance from the Children s Law Center and the
More informationWitness Protection Act 1995 No 87
New South Wales Witness Protection Act 1995 No 87 Status information Currency of version Current version for 5 October 2012 to date (generated 10 October 2012 at 19:15). Legislation on the NSW legislation
More informationNOT TO BE PUBLISHED IN OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE
Filed 2/19/10 Vince v. City of Orange CA4/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified
More informationSupreme Court delivers judgment in the Employers' Liability Trigger Litigation
Supreme Court delivers judgment in the Employers' Liability Trigger Litigation On 28th March 2012, the Supreme Court handed down judgment in BAI (Run Off) Limited v Durham [2012] UKSC 14, the test-cases
More informationLONDON CLUBS MANAGEMENT LIMITED. - and - THE COMMISSIONERS FOR HER MAJESTY S REVENUE AND CUSTOMS TRIBUNAL: JUDGE GREG SINFIELD
[14] UKFTT *** (TC) TC0****** Appeal number: TC/13/02728 GAMING DUTY section 11 Finance Act 1997- value for gaming duty purposes of Non-Negotiable Chips and Free Bet Vouchers provided free to players and
More informationCOURT OF QUEEN S BENCH OF ALBERTA FAMILY LAW PRACTICE NOTE 8 PARENTING TIME/PARENTING RESPONSIBILITIES ASSESSMENTS 1 TABLE OF CONTENTS
Practice Note 8 COURT OF QUEEN S BENCH OF ALBERTA FAMILY LAW PRACTICE NOTE 8 PARENTING TIME/PARENTING RESPONSIBILITIES ASSESSMENTS 1 TABLE OF CONTENTS PURPOSE AND APPLICATION.....................................
More informationISSUES PAPER LEGAL REPRESENTATION AND JURISDICTIONAL LIMIT IN SMALL CLAIMS
DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE ISSUES PAPER LEGAL REPRESENTATION AND JURISDICTIONAL LIMIT IN SMALL CLAIMS June 2013 Legal Policy Division Department of the Attorney-General and Justice
More informationLegal professional privilege (section 42)
ICO lo Legal professional privilege (section 42) Freedom of Information Act Contents Introduction... 2 Overview... 2 What FOIA says... 2 General principles of the section 42 exemption... 3 Two types of
More information2011 Television Education Network Pty Ltd and Wendy Kayler-Thomson, Forte Family Lawyers
2011 Television Education Network Pty Ltd and Wendy Kayler-Thomson, Forte Family Lawyers Applications for Litigation Funding Orders - Recent Developments, by Wendy Kayler- Thomson, Forte Family Lawyers,
More informationAdvice Note. An overview of civil proceedings in England. Introduction
Advice Note An overview of civil proceedings in England Introduction There is no civil code in England; English civil law comprises of essentially legislation by Parliament and decisions by the courts.
More informationDraft statutory guidance to the police service on achieving best evidence in death or serious injury matters
Draft statutory guidance to the police service on achieving best evidence in death or serious injury matters 1. This statutory guidance is issued under section 22 of the Police Reform Act 2002 and applies
More informationChapter 26. Litigation guardians. CONTENTS Introduction 570 Current law 570 Community responses 571 The Commission s views and conclusions 573
6 CONTENTS Introduction 570 Current law 570 Community responses 571 The Commission s views and conclusions 573 569 Introduction 26.1 This chapter deals with the ability of substitute decision makers to
More informationJAMAICA THE HON MR JUSTICE MORRISON JA THE HON MR JUSTICE BROOKS JA THE HON MS JUSTICE LAWRENCE-BESWICK JA (AG) BETWEEN GODFREY THOMPSON APPELLANT
[2014] JMCA Civ 37 JAMAICA IN THE COURT OF APPEAL SUPREME COURT CIVIL APPEAL NO 41/2007 BEFORE: THE HON MR JUSTICE MORRISON JA THE HON MR JUSTICE BROOKS JA THE HON MS JUSTICE LAWRENCE-BESWICK JA (AG) BETWEEN
More informationPRACTICE NOTE: LAWYER FOR THE CHILD: CODE OF CONDUCT
PRACTICE NOTE: LAWYER FOR THE CHILD: CODE OF CONDUCT 1 INTRODUCTION AND COMMENCEMENT 1.1 This Code of Conduct for lawyers appointed to act for children in Family Court proceedings replaces the previous
More informationARE WE DOING ENOUGH TO PROTECT PROTECTED PARTIES? LESSONS FOR PERSONAL INJURY LAWYERS FROM THE SUPREME COURT JUDGMENT IN DUNHILL V BURGIN
ARE WE DOING ENOUGH TO PROTECT PROTECTED PARTIES? LESSONS FOR PERSONAL INJURY LAWYERS FROM THE SUPREME COURT JUDGMENT IN DUNHILL V BURGIN Introduction Policy arguments do not answer legal questions, said
More informationGoing to a Mental Health Tribunal hearing
June 2015 Going to a Mental Health Tribunal hearing Includes: information about compulsory treatment and treatment orders information about Mental Health Tribunal hearings worksheets to help you represent
More informationPaternity Act. (700/1975; amendments up to 379/2005 included)
NB: Unofficial translation - Ministry of Justice, Finland Paternity Act (700/1975; amendments up to 379/2005 included) Chapter 1 General provisions Section 1 Scope of application of the Act The provisions
More information