Pump Court Chambers

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Blog 6th January 2016

M v N in the Court of Protection

This judgment from November 2015 is in line with a number of recent medical best interests cases which have emphasised P’s wishes and feelings. It highlights the importance and difficulty of ascertaining what those wishes and feelings might be, or had been at a time when P had capacity. M v N [2015] EWCOP 76 […]

Blog 22nd December 2015

Legal funding orders

The question of what can be done in complex private law proceedings where the court is of the view that a parent is unable to represent him or herself has understandably been dominating legal headlines. Reported cases have tended to focus on discussions surrounding the circumstances in which HMCTS could be ordered to fund representation […]

Blog 14th December 2015

Damages claims against Local Authorities – is there any change down the back of the sofa?

Local authorities must be very concerned about the spate of recent cases in which parents, other family members and former ‘looked after children’ have sought damages for the alleged failure by an authority to exercise their powers lawfully or for abuse suffered whilst in their care. In these cases, courts have had to explore the […]

Blog 8th December 2015

The hardest decision of all? Re C (Baby: Withdrawal of Medical Treatment) [2015] EWHC 2920 (Fam)

The case of C does not change the law, it offers little by way of legal analysis or significant upheaval. However, it should not be overlooked; the judgment of Peter Jackson J provides a concise, clear, and moving appraisal of the law concerning the withdrawal of life sustaining medical treatment in children. C was born […]

Blog 30th November 2015

Litigants in person – Velupillai

I’ve encountered more than my fair share of tricky litigants in person in recent weeks. A low point was at a difficult FDR when my client’s husband snatched my carefully crafted, handwritten offer and screwed it in to a ball, without giving it so much as a passing glance. Whilst I retained my cool, I […]

Blog 27th November 2015

President of the Employment Appeal Tribunal considers 10% uplift should apply to tribunal awards

Langstaff HHJ (the President of the EAT) has today handed down judgment in the case of Beckford v London Borough of Southwark UKEAT/0210/14/JOJ The appeal deals with two points which are of importance: The consideration of reasonable adjustments and the impact of disability when a tribunal is considering reengagement under section 115 Employment Rights Act […]

Blog 23rd November 2015

The right against self incrimination for witnesses in Financial Remedy Proceedings

We have all been involved in representing clients who appear to have engaged in some form of criminal conduct during the course of the marriage. In financial remedy proceedings this usually takes the form of tax evasion or cheating the revenue. During the course of the proceedings a party will generally be expected to have […]

Blog 19th November 2015

Closing the door – Section 91(14) orders

Jennifer Lee sets out the courts’ approach when considering a barring order under section 91(14) of the Children Act 1989. As first featured in the Family Law Journal in November 2015. Section 91(14) of the Children Act 1989 (ChA 1989) empowers the court, when disposing of an application under ChA 1989, to make an order […]

Blog 19th November 2015

The misuse of section 20

Section 20 of the Children Act 1989 concerns the LA’s duty to provide a child with somewhere to live when he or she has no home, or no safe home. It ensures a child is provided for when no-one holds parental responsibility; or the child has been lost or abandoned; or the person who has […]

Blog 12th October 2015

Driving at work – does Health & Safety law apply?

More than a quarter of all road traffic incidents may involve somebody who is driving as part of their work at the time according to Department for Transport figures. Health and safety law applies to work activities on the road in the same way as it does to all work activities and employers need to […]

Blog 6th October 2015

Who is responsible for transport safety?

For anyone involved in transport law, safety is always the first priority and concern of any regulator or court. The Transport Safety Commission has recently published a report ‘UK Transport Safety: Who is responsible?’ The Commission, which is an independent body established in 2013, has the role of inquiring into transport safety matters, in order […]

Blog 5th October 2015

The curse of CCC

The Prosecution of Offences Act 1985 (Criminal Courts Charge) Regulations 2015 continue to drive judicial despair and resignations from the lay bench. Lucy Plumpton addresses an issue which raises the prospect of further injustice for Defendants. Which charge should apply when a Defendant pleads to a summary-only offence in the Crown Court? My client had […]

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