All Legal updates articles – Page 21
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FeatureProtecting the vulnerable
Safeguarding is the action that is taken to promote the welfare of children or adults at risk and protect them from harm.
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FeatureQOCS transitional provisions
Important questions concerning the interpretation and application of the provisions under the qualified one-way costs shifting (QOCS) regime (CPR 44.130-44.17) came before the Court of Appeal in Jacob Corstorphine v Liverpool City Council [2018] EWCA Civ 270 (Sir Geoffrey Vos PQBD and Hamblen LJ).
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FeatureGeneral power of competence
Nicholas Dobson says for local authorities that previously had seen their functional creativity significantly curtailed, the GPC in the Localism Act 2011 promised a brave new world.
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FeatureE-disclosure and party agreement
The disclosure of relevant documents during the litigation process has been a longstanding and distinctive feature of English civil procedure. However, standard disclosure under the Civil Procedure Rules does not give rise to ‘perfect justice’.
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FeatureHair strand testing in care proceedings
The case H (A Child: Hair Strand Testing) 2017 EWFC 64 concerned care proceedings to determine whether H, an eight-month-old removed at birth and then returned to the mother under supervision, should remain in her mother’s care, given a history of drug abuse and the presentation of a positive drug ...
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FeatureApplying for relief against forfeiture
Macmillan Cancer Support v Hayes [2017] EWHC 3110 (Ch)
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FeatureEU treaty breaches and national courts
Undertakings investigated by the European Commission that offer commitments, while avoiding a formal finding of infringement binding on the national court, may not prevent those who consider themselves harmed by the conduct from bringing actions for damages.
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FeaturePlanning consent contrary to advice
What legal duty does a local planning authority have to state reasons behind a decision, against the advice of its own professional advisers, to grant a controversial development?