20 July 2020
Alcohol and capacity: London Borough of Tower Hamlets v PB
This case raises 3 important points about interpreting and applying sections 2 and 3 of the Mental Capacity Act 2005 (MCA) in the context of alcohol addiction.
Articles
20 July 2020
Housing cases during the Covid-19 crisis – latest news
There is to be an amendment to the CPR to set out how possession cases (and proceedings for enforcement by writ or warrant of possession) are to proceed when they resume. Also 10 temporary “Nightingale Courts” will be opened to start to alleviate the pressure on full-time courts.
20 July 2020
Rebecca Davies represents mother who successfully opposed her children’s return to Pakistan
Rebecca represented the mother who successfully resisted the father’s application under the court’s inherent jurisdiction for summary return of their 4 children to Pakistan.
The court decided that the children were to remain in England. The judge emphasised that a move to Pakistan would be ‘significantly destabilising’ for the children.
20 July 2020
Manjra v Shaikh – Family Law Week case summary
Cobb J allowed an appeal against an order of HHJ Hughes QC refusing to discharge a non-molestation order granted in 2016, and her substitution of an order that was to ‘continue indefinitely’.
13 July 2020
LP v AE – Family Law Week case summary
A decision by the High Court to make a Legal Services Payment Order (LSPO) to cover future costs in ongoing child arrangement order proceedings, allowing the mother’s appeal against a decision of HHJ Tolson QC.
07 July 2020
Localism Act power does not enable a local authority to provide health services
In a judgment handed down today in the case of R (JP) v NHS Croydon Clinical Commissioning Group & the London Borough of Croydon [2020] EWHC 1470 (Admin), Mostyn, J described a claim that the local authority could provide tracheostomy care for a child pursuant to the general power of competence in s. 1 of the Localism Act 2011 as ‘misconceived’.
07 July 2020
Jarvis v Evans – landlord licensing in Wales
This judgment should go some way to ensuring that landlords do comply with requirements which, in turn, will hopefully lead to standards improving in the private sector in Wales.
06 July 2020
Care homes and Covid-19: current issues
The current pandemic poses particular problems to care home managers and local authorities who make such placements. It raises questions about their legal obligations and the rights of care home residents in the face of this health crisis.
06 July 2020
A NHS Foundation Trust v MC – Family Law Week case summary
The court determined MC’s best interests would be served by harvesting her peripheral blood stem cells for donation to her mother who has chronic leukaemia.
01 July 2020
Archibald v Alexander: constructive trusts may come in different guises
The recent High Court appeal in the case of Archibald v Alexander is a useful reminder that the apparent absence of detriment may not be fatal to the assertion of a constructive trust in respect of jointly owned property. It is also a reminder that a constructive trust may arise outside the confines of the “common intention constructive trust”.