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Surrogacy – older parents

June 2025 | Family

Surrogacy is increasingly common and enables individuals of all ages to become parents, but it comes with many legal risks. This case comes against a particularly sad background: the couple, Mr and Mrs K, were both 72 years old and had, years previously, endured several miscarriages before having a son in 1993 after several rounds …

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Adoption – placement order

June 2025 | Family

In the course of care proceedings, the LA applied for full care orders and placement for adoption orders in respect of a two-year-old girl (P). P had been living with her maternal grandmother since birth. In October 2024, the judge dismissed the LA’s application for a placement order and the LA appealed, arguing that the …

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Care proceedings – intermediaries

June 2025 | Family

The CA has detailed the principles for the appointment of an intermediary. Intermediaries may be appointed for a vulnerable person under Part 3A FPR 2010 and PD3AA. The test is that appointment is necessary to achieve a fair hearing. Whether a person is vulnerable requires a broad evaluative assessment taking account of the characteristics of …

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Unless Orders – LSPO

June 2025 | Family

H was not permitted to appeal a financial order until he complied with an LSPO order, the CA has ruled. The decision came against the backdrop of what a judge in the lower court called ‘a blizzard’ of destructive litigation in a very high-value divorce case. The court has power to make an LSPO under …

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Section 84 – covenant modification

June 2025 | Land

The CA has heard an interesting case in relation to the modification of covenants under s84 LPA 1925. The CA summarised the issues thus: ‘1. The central issue in this appeal is whether restrictive covenants in a lease provide the lessor, which is also the planning authority, with practical benefits of substantial value or advantage …

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SC – public rights of access

June 2025 | Land

The SC has heard an important case regarding public rights of access. The press summary is as follows: ‘Background to the Appeal This appeal concerns the extent of the public’s right of access to Dartmoor under section 10(1) of the Dartmoor Commons Act 1985 (“the 1985 Act”). The question the court has to decide is …

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Service – by email

June 2025 | Procedure

The HC has heard an interesting case regarding the appropriate method of service for an injunction. The case involved an application for an injunction by the luxury brand, Chanel Ltd, against a former employee. The HC summarised the facts as follows: ‘4. …Her employment ended following a First Settlement Agreement dated 29 March 2022, which …

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Contract – WhatsApp

June 2025 | Professional

The Technology and Construction Court has handed down an important decision which could have far-reaching consequences. The hearing was concerned with a construction dispute; the claimant is a property developer and the defendant trades as a demolition contractor. The dispute arises out of demolition works at a site that the claimant was developing in Norwich. …

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Apprenticeship – funding

June 2025 | Professional

Law firms thinking of taking on apprentices should be aware of a change to the age eligibility criteria in the funding arrangements, recently announced by the government: ‘Changes to funding for level 7 apprenticeships The government is refocusing investment towards young people at the start of their working lives, rather than those already in work …

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LAA – data breach

June 2025 | Professional

The LAA’s online digital services were subject to a cyber attack on 23 April. Affected firms will be all too aware. The LAA states: ‘On Friday 16 May we discovered the attack was more extensive than originally understood and that the group behind it had accessed a large amount of information relating to legal aid …

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