Joshua Swirsky and Christine Cooper acted in a case considering local authority responsibility for young asylum seekers whose age had been challenged.
Joshua Swirsky discusses the case of R(MA) v LB Croydon in which he acted for the successful local authority.
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.
All lawyers using the Civil Courts in England & Wales ought to be aware of changes to the Civil Procedure Rules that take effect next week. In particular, amendments to CPR 22 revise the form of Statements of Truth.
Joshua Swirsky assesses the case of Pease v Carter  EWCA Civ 175 in which the Court of Appeal further limited the scope for tenants running defences based on errors in notices.
Many boundary disputes depend on factual findings made regarding historical documents, which often came into existence for other purposes. Although appeals on questions of fact that have been determined by a trial judge are nowadays rare, and tend to be discouraged by the appellate courts, Boas v Aventure shows how the court is likely to approach such a boundary dispute appeal.
Joshua Swirsky considers The Public Guardian’s Severance Applications  EWCOP 10 in which District Judge Eldergill gave guidance following 17 applications by the Public Guardian for LPAs to be severed.
If the young person wishes to challenge the age assessment he has to then obtain legal advice and, if appropriate, see an interim injunction. Sometimes the interim relief is applied for after the young person has been dispersed.
The 2 applicants in these cases that were heard together were from Afghanistan and Vietnam respectively. There was nothing remarkable about the facts of either case. Both raised factual issues that are to be tried by the Upper Tribunal, however, Popplewell J ordered that a ‘rolled up’ hearing to consider the challenge to LBC’s practice.
Joshua Swirsky appeared for the London Borough of Croydon in an important case in the Upper Tribunal which gives general guidance on the use of evidence of dental development in the assessment of age.