The SC has heard an important case regarding public rights of access. The press summary is as follows: ‘Background to the Appeal This appeal concerns the extent of the public’s right of access to Dartmoor under section 10(1) of the Dartmoor Commons Act 1985 (“the 1985 Act”). The question the court has to decide is …
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The CA has heard an interesting case in relation to the modification of covenants under s84 LPA 1925. The CA summarised the issues thus: ‘1. The central issue in this appeal is whether restrictive covenants in a lease provide the lessor, which is also the planning authority, with practical benefits of substantial value or advantage …
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H was not permitted to appeal a financial order until he complied with an LSPO order, the CA has ruled. The decision came against the backdrop of what a judge in the lower court called ‘a blizzard’ of destructive litigation in a very high-value divorce case. The court has power to make an LSPO under …
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The CA has detailed the principles for the appointment of an intermediary. Intermediaries may be appointed for a vulnerable person under Part 3A FPR 2010 and PD3AA. The test is that appointment is necessary to achieve a fair hearing. Whether a person is vulnerable requires a broad evaluative assessment taking account of the characteristics of …
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In the course of care proceedings, the LA applied for full care orders and placement for adoption orders in respect of a two-year-old girl (P). P had been living with her maternal grandmother since birth. In October 2024, the judge dismissed the LA’s application for a placement order and the LA appealed, arguing that the …
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Surrogacy is increasingly common and enables individuals of all ages to become parents, but it comes with many legal risks. This case comes against a particularly sad background: the couple, Mr and Mrs K, were both 72 years old and had, years previously, endured several miscarriages before having a son in 1993 after several rounds …
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The SC has heard an important judgment regarding the Building Safety Act 2022 (BSA). The press summary is as follows: ‘Background to the Appeal On 14 June 2017, Grenfell Tower in London was engulfed in flames and 72 residents lost their lives. The main reason for the tragedy was the use of unsafe cladding on …
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The issue of payment of expert witness reports often arises in family proceedings. In this public law judgment, the President of the Family Division considered what should happen where the instruction of an expert witness has been authorised and their fee is to be covered by each party equally – but it exceeds what the …
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Under s44(2) ACA 2002, the court may not grant an adoption order unless the proposed adopter has given notice to the appropriate LA. Compliance with s44(2) is essential. In this case, the adoption application was allowed to proceed even though notice had been given to the wrong LA. For the purposes of s44(2), the ‘appropriate’ …
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New guidance on the use of covert recordings in children proceedings has been published by the Family Justice Council. The guidance is aimed at both professionals and LIPs and comes against the background of an increase in covert recordings by private individuals in family proceedings. The FJC says there is a need for clear guidance, …
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