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12 January 2012
Issue: 7496 / Categories: Case law , Law digest , In Court
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Children

R (on the application of CJ) v Cardiff City Council [2011] EWCA Civ 1590, [2011] All ER (D) 156 (Dec)

Where the issue was whether the claimant was a child for the purposes of the Children Act 1989, the application of the legal burden was not the correct approach. There was no hurdle which the claimant had to overcome. The court would decide whether, on a balance of probability, the claimant was or was not at the material time a child. The court would not ask whether the local authority had established, on a balance of probabilities, that the claimant was an adult, nor would it ask whether the claimant had established, on a balance of probabilities, that he was a child.
 

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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