News Page 28

NEWS FLASH : The ‘tragic’ case of Re A (A child) [2015] EWCA Civ 910: Implacable hostility in contact cases

The Court of Appeal has recently considered the ongoing issue in private law children cases of implacable hostility, reaffirming the approach of Re W. In Re A (A child) [2015] EWCA Civ 910, the child (B), now aged 12, and his Mother had significant psychological and emotional vulnerabilities. The father had...

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STOP PRESS - Scotland to Abolish Tribunal Fees

The Scottish Government, in its programme for the following year "A Stronger Scotland - The Government's Programme for Scotland 2015 - 2016", have confirmed their intention to abolish Employment Tribunal Fees in Scotland next year. The Paper may be found at the following link - "...

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STOP PRESS - Is a noise induced hearing loss claim a ‘disease’ for the purposes of the costs of a CFA?

Barnaby Large (2007),

In Dalton v British Telecom plc, QBD [2015] ICR 901, the High Court (Phillips J.) considered that a claim for noise induced hearing loss (“NIHL”) was a disease claim, when determining the recoverability and level of success fees in pre-April 2013 CFA funded cases.    The Claimants brought NIHL claims against...

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STOP PRESS – Proactive role should be taken by the judiciary in the absence of representation and funding.

The Court of Appeal has recently overturned the decision of His Honour Judge Bellamy in Re K-H [2015] EWCA Civ 543. Proceedings commenced in the Family Court sitting at Leicester and concerned arrangements for contact between the Father and his children, K and H (now aged 6 and 4). The...

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STOP PRESS - Helen Nugent elected as Secretary to the APIL Barristers’ Group

No.18 are delighted to announce that Helen Nugent (2007) has been elected as the Secretary to the APIL Barristers' Group. Helen has over 7 years' experience in personal injury (road traffic accidents, public and employers' liability claims), fatal accidents, product liability (including breaches of implied terms under the Sale of Goods...

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STOP PRESS – JA (meaning of “access rights”) India [2015] UKUT 00225 (IAC)

JA (meaning of 'access rights') India [2015] UKUT 00225 (IAC) Another case showing the natural link between immigration and family law. In this instance, the definition of access rights, which is not defined in the immigration rules and no longer used in the family court. Appendix FM provides an avenue for parents...

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STOP PRESS - Lee Young Successful in the Court of Appeal; setting aside Care & Placement Orders and remitting decision back - Re: T (2015)

Court of Appeal, Aikens, McFarlane, Bean LJJ, 18 June 2015  (Public law children – Procedure – Judgment – 6-month delay  handing down  ) The parents' argument that the judge had not regarded drastic changes in the family home in the six months between the concluding hearing and the judgment being handed...

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