Tag Archives: cases

Court of Protection Secrecy Challenged by Press

The Guardian posts an interesting piece about the Court of Protection and quite serious unlawful conduct by a Local Authority towards a vulnerable young man in their care: breach of right left right and centre and unlawful imprisonment. The Press Association understandably want to report on this and identify the Local Authority in question, but as with children proceedings they are prevented from doing so (albeit under a different legal framework). This affords the apparently rather badly behaved LA a certain – unwarranted – protection.

The article is here.

POST SCRIPT: HT to M Dodd for alerting me to the judgment permitting identification of the Local Authority as Manchester City Council. The Judgment is not yet available on Bailii, but you can download it here.

Family Courts in the dock

Hat Tip to John Bolch at Family Lore for this story on a class action against ‘The Family Courts’ in the Hague. How – urm…audacious. I hope there is more substance to this suit than is apparent from either the company organising the action or this Telegraph article, from which one might form the impression that it is lawful or commonplace to remove children on the sole basis of a risk of future harm without proving any base facts. I think perhaps somebody should send them a copy of Re B [2008] UKHL 35.

The Second Wife Impact

snake

the aptly named rat snake (thanks to Cotinis on flickr)

Andrew Commins, a colleague in chambers, has written an interesting article for Family Law Week on the impact of remarriage on variation applications by the ex spouse. I particularly like the mental image described in the extract from Delaney v Delaney [1991] 2 FLR 457, CA, that the court will deprecate “any notion that a former husband and extant father may slough off the tight skin of familial responsibility and…slither into and lose himself in the greener grass on the other side...” (Delaney, at page 461E).

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Fork tongued husbands be warned…