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Lack of Capacity and Deprivation of Liberty

  • January 10, 2023

4 January 2023 AH, who suffered from type 1 diabetes, was able, fit and healthy provided that her diabetes was properly managed or she could rapidly become seriously unwell and could die. In the past she had been unable to…

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Care Proceedings: Potential Special Guardian

  • December 27, 2022

22 December 2022 Are there circumstances in which a potential special guardian should be refused permission to become a party to care proceedings?  That was the question before the Court of Appeal after a Recorder had refused Mr B’s application,…

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Interfering with Findings of Fact on Appeal

  • December 17, 2022

15 December 2022 In an appeal from findings of fact arising from allegations of domestic abuse, including transnational marriage abandonment (or stranding), it was argued that the appellate court should interfere with the findings of fact made by the trial…

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JR: Judge’s Refusal to State a Case

  • December 16, 2022

16 December 2022 A District Judge acceded to a submission of no case to answer arising out of offences of aggravated trespass by protesters against the construction of the HS2 railway, and thereafter refused the DPP’s application to state a…

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The Importance of Detrimental Reliance

  • December 15, 2022

14 December 2022 In a powerful analysis by Lewison LJ, a unanimous Court of Appeal held that a party claiming a subsequent increase in her equitable share as a result of a post-acquisition changed common intention must show detrimental reliance…

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No Modern Authority

  • December 14, 2022

14 December 2022 A High Court Judge heard an appeal with the assistance of an expert assessor on a point which may arise in many cases upon which there is no modern authority which clearly answers the question: Menzies v…

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The Right of a Mother to Cross-Examine

  • December 12, 2022

05 December 2022 Where in the Family Court a lay bench directed in a Dispute Resolution Appointment that the matter should proceed without either party being permitted to cross-examine the other, the mother indicated that she would want to appeal…

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