Monday, March 20, 2017

News Essentials: 20th March 2017


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

NEWS
Lords warn leaving EU legal framework poses risks for cross-border cases
Justice sub-committee says alternatives should be in place before walking away from reciprocal regulations. Full story: The Guardian. Justice Committee report here.

Local authority alert sees family barrister fined over data security failings
A senior family law and Court of Protection barrister has been fined £1,000 by the Information Commissioner's Office for failing to keep clients’ sensitive personal information secure. Full story: Local Government Lawyer.

The Family Procedure (Amendment) Rules 2017
These Rules amend the Family Procedure Rules 2010, to ensure that applicants for certain orders do not, in person, hand over papers to respondents. Statutory Instrument.

Supreme Court emphasises the limited circumstances in which courts may interfere with testator’s wishes
The Supreme Court has allowed the charities' appeal in Ilott v The Blue Cross and others [2017] UKSC 17. The judgment emphasises the limited circumstances in which the court will interfere with an individual's wishes when making a will. Full story: Family Law Week. See report, below.

People with dementia and learning difficulties detained in care without checks due to 'failing' law, says Law Commission
Capacity and Deprivation of Liberty report published by Law Commission recommends replacing DoLS with a new scheme, called the Liberty Protection Safeguards. Full story: Family Law.

CASES
B (A Child by her Guardian), Re [2017] EWHC 488 (Fam) (15 March 2017)
Application by non-biological mother for child arrangements order in respect of a child now living with the mother in Pakistan. Full report: Bailii.

SU & SA (Children) [2017] EWHC 441 (Fam) (06 March 2017)
Judgment concerning the renewal of British passports for children who were made wards of court under orders made some years ago following their abduction from this country by their father. Full report: Bailii.

Ilott v The Blue Cross & Ors [2017] UKSC 17 (15 March 2017)
Appeal against decision of Court of Appeal setting aside earlier award on Inheritance Act claim, and re-evaluating the award. Appeal allowed. Full report: Bailii.

Martin v Williams [2017] EWHC 491 (Ch) (13 March 2017)
Appeal by wife of deceased against Inheritance Act award in favour of deceased's new partner. Full report: Bailii.

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For more news, see here.

For more cases, see here.

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