Last week’s Court of Appeal judgment in A Local Authority v JB, changes the way in which lawyers, social care professionals and others should approach mental capacity concerning sexual relations.
Clare Cullen considers R (on the application of Mitchell) v London Borough of Islington. For local authorities, the case shows the importance of ensuring proper notification is given under s.188(1ZA) to bring the s.188 duty to an end in circumstances where the relief duty is owed but an applicant is found not to have a priority need. For those representing homeless applicants, it demonstrates the importance of checking whether proper notification has been given under s.188(1ZA) to end the s.188 duty.
On appeal from the High Court of Justice Family Division, McCombe, King, and Peter Jackson LJJ consider the procedural route when the vaccination of a child in care is disputed.
Today is the start of the registration period for funding to remove non-ACM (Aluminium Composite Material) cladding on buildings. Affected building owners and registered social housing providers have until 31 July to register for the scheme.
In the second hearing in the case of Boston Trust Company Ltd v Szerelmey Ltd & Ors, the judge gave the claimants conditional permission to bring multiple derivative proceedings dependent upon them entered as shareholders on the company members’ register by rectification proceedings or otherwise.
Landlords should be aware that from Monday (1 June) the Tenants Fees Act applies to tenancies and licences whenever they were granted.
Application by a father for a declaration of non-paternity and latterly, for a declaration that BT, the putative father, was the father of AS and BS pursuant to section s 55A of the Family Law Act 1986.
Judgment was handed down this afternoon in the important case of Arkin v Marshall. As well as endorsing PD 51Z, it provided clarity to lawyers as to what can and cannot be done during a stay generally.
Timothy Carlisle has recently been successful with the other defendants in stalling the claimants who brought a multiple derivative claim. Anyone contemplating such a claim should be aware that where the minority shareholding is by way of a parent company, the claimants must have legal ownership in the shares as recorded in the company’s Register of Members.
What is best practice for local authorities delivering Care Act 2014 services during the COVID-19 pandemic?The Coronavirus Act (“CVA 2020”) has fundamentally altered local authorities’ duties under the Care Act 2014 (“CA 2014”). However, a day after the changes came into effect the government released statutory guidance, which has significantly tempered the changes imposed by the CVA 2020.