Who decides who decides? Withdrawal of care proceedings

Where a local authority determines that the medical evidence falls short of proving that an injury to a child was deliberately inflicted, in what circumstances should it be allowed to withdraw its application?

This was the question for the Court of Appeal in the recent case of GC v A Local Authority (A Child) (Withdrawal of care proceedings) [2020] EWCA Civ 848, an appeal from a first instance decision of HHJ Watson sitting at Coventry.

Related briefings

Covid-19 update on remote hearings

The difficulties with court listings and the inability to hold hearings in a normal fashion has now been underway for 6 months. The recent guidance set out in ‘The Road Ahead’ shows there is no likelihood of that changing in the near future. This means there has had to be a reconsideration of what delays are acceptable and what reasons are sufficient to delay final decisions being made for children.

Dear s106 TCPA – Happy 30th Birthday!

Hitting the statute books at the very start of the now seemingly distant nineties (think dissolution of the USSR / Madonna – Vogue / Die Hard 2) s106 of the Town and Country Planning Act 1990 has enjoyed headlines, notoriety, praise and many a bun fight in the intervening three decades. It shares many of these with its predecessor: s52 of the TCPA 1971, before being re-badged in 1990 and given a wider makeover in 1991.

Latest Briefings

EU-US Privacy Shield for data transfers ruled as invalid

The Office of the Data Protection Authority in Guernsey (ODPA) has warned companies in the Bailiwick to be aware of the recent Court of Justice of the European Union (CJEU) judgment which affects all businesses who transfer personal data outside of the Bailiwick and the European Union (EU).

Recognition and Assistance for PRC Insolvency in Hong Kong

Synopsis A recent case in Hong Kong, has demonstrated both the ability and willingness of common law courts to recognise insolvency appointments made by the courts of the People’s Republic of China (‘PRC’), and to grant appropriate assistance at common law. It is to be hoped that this proven track record will pave the way for easier recognition of common law court appointed liquidators in PRC, where, unlike in common law countries, such recognition is subject to the principle of reciprocity.

New LCIA Arbitration Rules: In force on 1 October 2020

The London Court of International Arbitration (LCIA) recently released its updated arbitration rules (the “2020 Rules”) which will come into force from 1 October 2020 and will apply to any arbitration commenced under the auspices of the LCIA on or after this date. The 2020 Rules, in the LCIA’s own words, aim to make the arbitral processes “even more streamlined and clear” for arbitrators and parties alike. We summarise nine key changes and one omission.

High Court decision on business interruption claims for Covid related losses

The High Court has now handed down judgment in the eagerly awaited test case brought by the Financial Conduct Authority (‘FCA’) against 8 insurers to determine whether policyholders can make business interruption (BI) claims for losses arising from disruption and closure of their businesses caused by Covid-19.

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The new term begins: Working from home, childcare and Covid-19

At the start of the pandemic, The Lawyer carried out a survey to assess how well the profession was coping in lockdown. Now, nearly six months later, The Lawyer’s next Working From Home survey looks at childcare and lawyers’ attitudes to remote working, particularly as the majority of the profession remain home-based. It should only take a […]

Unilever

Graze’s legal chief moves to Unilever

Unilever has appointed Graze’s former head of legal as its general counsel for food and refreshment. Anna Cosgrave moves across to Graze’s parent company Unilever, three months after the FTSE 100 giant announced a major restructuring, ditching its dual Anglo-Dutch legal structure to create a single company in Britain. The role is for Unilever UK […]

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