Publications by Area of Law


Summary of FE v MR & Ors

Barrister: Asha Pearce-Groves

Area of Law: Children

Source: Family Law Week

Asha Pearce-Groves summarises the recent case of FE v MR & Ors [2017] EWHC 2298 (Fam) for Family Law Week.

View full article: FE v MR & Ors [2017] EWHC 2298 (Fam)

The family court’s jurisdiction to direct the burial of a child: Re K

Barrister: Christopher Sharp QC
Area of Law: Children
Source: Family Law Journal

Date: August 2017
Summary:  Christopher Sharp QC, who is acknowledged by Chambers UK as one of only five star Silks in Family Law in the country,  has written an article for the August edition of the Family Law Journal, reviewing the recent case of Re K (A Child : deceased) [2017] EWHC 1083 (Fam).

Download article: The family court’s jurisdiction to direct the burial of a child: Re K

What do children lawyers need to know about the Court of Protection? [2017] Fam Law 537 – 542

Source: Family Law Journal 
Barrister: Abigail Bond & Iain Large
Area of Law: Children & Court of Protection
Date: May 2017
Summary: Abigail Bond and Iain Large publish an article in this month’s Family Law Journal. The article highlights the issues arising when a local authority in care proceedings seeks to deprive a child of liberty in a manner falling short of secure accommodation, and offers a road map to aid understanding of this complex area.

Download the full article: What do children lawyers need to know about the Court of Protection? [2017] Fam Law 537 – 542

 

The Children Act 1989 at 25

Source: Resolution Review Magazine
Barrister: Abigail Bond
Area of Law: Children
Date: February/March 2017
Summary: It is 25 years since the Children Act 1989 came into force. Abigail celebrates its key principles and addresses some of the controversial changes proposed by the Children and Social Work Bill 2016.

Download the full article: The Children Act 1989 at 25: the use and misuse of the “cardinal principle”

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Why are we still waiting for transparency in the family courts? 

Source: The Guardian
Barrister: Lucy Reed
Area of Law: Children
Date: 22nd June 2016
Summary: Two years ago The President of The Family Division issued “transparency” guidance concerning the publication of judgments in the Family Court. Lucy argues that this guidance is not operating as intended and that a lack of resources has frustrated the intentions behind the policy, to increase the publicly available information about the Family Courts and to enhance public understanding and confidence in the system.

View article: Why are we still waiting for transparency in the family courts?

Read full article on Lucy’s blog: Victory on secret courts?

What’s really in the bests interests of children from other European countries involved in care proceedings?

Barrister: Sarah Phillimore
Area of Law:  Children
Source: Family Law Week
Date: 9th May 2016
Summary: Sarah considers the ‘best interests’ test under Article 15 of Brussels IIR in the light of the Supreme Court’s judgment in Re N.

View full article: What’s really in the bests interests of children from other European countries involved in care proceedings

Adoption of Portuguese children found to be in breach of Article 8

Source: Family Law Week
Barrister: Sarah Phillimore
Area of Law:  Children
Date: 30th March 2016
Summary:  Sarah discusses Soares de Melo v Portugal, a significant case in the continuing debate about the rights and wrongs of non consensual adoption. Sarah says “The recent decision of the European Court of Human Rights in this case restates very clearly the positive obligation under Article 8 of the ECHR upon States to keep families together”.

View full article: Adoption of Portuguese children found to be in breach of Article 8

Adoption: A vision for change?

Source: Family Law
Barrister: Sarah Phillimore
Area of Law:  Children
Date: 29th March 2016
Summary:  Sarah writes about the recent policy paper from the Department of Education and its stated need to increase the number of adoption orders made. She sets out her concerns that this risks putting the Government on a collision course with the demands of Article 8 of the ECHR; in particular the positive obligation imposed upon States to support families to stay together.

View full article: Adoption: A vision for change?

Annual Report of the Office of the Head of International Family Justice for England & Wales

Barrister: Edward Bennett
Area of Law: Family
Date: July 2013
Summary: Written with Sir Matthew Thorpe, this report received substantial press interest and featured on the Today Programme, BBC News, ITV News and Sky News.

SH v Italy – violation of Article 8 by failing to support family to stay together

Source: Child Protection Resource
Barrister: Sarah Phillimore
Area of Law:  Children
Date: 16th October 2015
Summary: Sarah provides a case analysis of SH v Italy in which the European Court unanimously found violation of the mother’s Article 8 rights because she had not been given enough support by the State to keep her family together. She was awarded 32,000 Euros in compensation.

View full article: SH v Italy – violation of Article 8 by failing to support family to stay together


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