A farewell visit arranged by the LA between three children who were subject to placement orders and their parents was, the CA ruled, ‘plainly wrong and contrary to the children’s interests’. F’s four children were the subject of care and placement orders. However, the LA had wrongly arranged the farewell visit notwithstanding a court order. …
Continue reading “Children – placement orders”
A point that MLROs may have missed over summer. On 15 August 2024, the Office of Financial Sanctions Implementation (OFSI) added 20 Frequently Asked Questions (FAQs) to its FAQs page and states: ‘FAQs 100-119 can be found under the Russia section. These questions were previously included in OFSI’s Russia guidance, and have now been added …
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This was a complex case involving three children. The LA appealed an order that a child (N) in foster care should move to Italy to live with F. The order was part of a broader order relating to N (aged 6) and a 13-year-old sibling (M). The LA, supported by M and the Guardian, argued …
Continue reading “Child’s welfare – balancing analysis”
Note also that on 5 August 2024, the SRA updated its guidance on complying with the UK sanctions regime; the SRA states the major changes are as follows: ‘References to the newness of the sanctions regime have been updated throughout to reflect its more established status. The document has been restructured to move key information …
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F and M were, unarguably, child X’s genetic parents, so there was nothing intrinsically surprising about the conclusion that her genetic parents are her legal parents. However, the circumstances were not as straightforward as it may sound. This was an unprecedented case concerning the formal legal parentage of X (a six-year-old girl). A key issue …
Continue reading “Declaration of parentage – burden of proof”
We mentioned in our Dec 23/Jan 24 edition (p5) that the SRA had produced a template practice-wide risk assessment (PWRA). The CLC has now followed suit and updated its PWRA in April 2024. The CLC states: ‘Under Regulation 18(1) MLR 2017 (as amended), all CLC Practices are required to carry out and maintain a documented …
We have mentioned the increased powers of Companies House a couple of times: November 2023 (p2) and March 2024 (p2). Companies House has issued more information about the new rules for registered office addresses as follows: ‘Registered office addresses There are new rules for registered office addresses which mean companies must, at all times, have …
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Ruling that Hadkinson orders can apply in Children Act proceedings, the Family Court has set out important guidance in such cases. To date, almost all Hadkinson orders have been made in financial remedy cases, and this case is the first time the issue of Hadkinson jurisdiction has been considered since its eponymous case from 1952. …
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It is a longstanding legal principle that an attesting witness to a will subject to challenge must, if available, be called to give evidence. In this case, a dispute arose between two sisters in relation to their mother’s will, made in 2016. T died in February 2021 aged 73. D challenged the will on the …
Continue reading “Wills – evidence”
The CLC has issued an advisory note on breaches of undertaking and this seems like a good point to remind all practitioners of the importance of compliance with best practice in relation to the giving and receiving of undertakings. While the CLC guidance is relevant to conveyancers, of course, undertakings are relevant in all practice …
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