Monday, November 23, 2015

News Essentials: 23rd November 2015


A brief summary of the essential family law news and cases from the last week:

NEWS
Court of Protection to test increased access for public and media
Public and media will gain greater access to Court of Protection hearings after a pilot scheme starting next year. Full story: Courts and Tribunals Judiciary.

Appeal decision protects solicitor offering ‘unbundled’ advice
Solicitors instructed on a limited retainer do not have a broader duty of care to their clients, the Court of Appeal has ruled, asserting the importance of ensuring that lawyers can offer unbundled services. Full story: Law Society Gazette. See Minkin v Lesley Landsberg, below.

Children of divorce: 82% rather parents separate than 'stay for the kids'
Poll by Resolution also finds nearly a third would have liked if divorcing parents did not criticise each other in front of them. Full story: The Guardian.

Landmark report shines light on the practice of surrogacy in the UK and calls for legal reform
The first ever report of its kind gives unprecedented insight into how surrogacy is practised in the UK and busts a number of pervasive myths that have informed debate in recent years. Full story: Family Law.

Allow 'minimally conscious' MS sufferer to die, says judge
A 68-year-old woman "locked into the end stage" of multiple sclerosis should be allowed to die, a judge has ruled. Full story: BBC News. See Re N, below.

CASES
Minkin v Lesley Landsberg (Practising As Barnet Family Law) [2015] EWCA Civ 1152 (17 November 2015)
Appeal by the claimant in a solicitor's negligence action against the dismissal of her claim on liability relating to advice given in connection with a consent order. Appeal dismissed on basis that retainer did not extend to giving such advice. Full report: Bailii.

N, Re [2015] EWCOP 76 (19 November 2015)
Application for a declaration determining whether it is in the best interests of patient lacking capacity to receive life sustaining treatment. Full report: Bailii.

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For more cases, see here.

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