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Civil way: 28 November 2014

27 November 2014
Issue: 7632 / Categories: Features , Civil way , Procedure & practice
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Parents’ positive presumption, first jactitation, now exequatur, joint tenant beware, & where the multies are going

Mum and dad do you good

They have arrived and to prove it, they are here. These are the provisions relating to various private law child applications contained in s 11 of the Children and Families Act 2014 which were commenced on 22 October 2014 by SI 2014/2749 but do not apply to prior proceedings which are still running. For reasons best known to someone, s 11 has come under the auspices of the Department for Education and was omitted from the ostensibly world-shattering children and family reforms which hit us on 22 April 2014.

So what is the latest reform all about? In the matter of contested applications to make, vary or discharge an order under s 8 of the Children Act 1989 and applications for parental responsibility under ss 44(1) (c), (2A) or 4ZA (1) (c) or (5) (got that?!), the presumption is raised that the involvement of a parent in the life of the child

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
Is a suspect’s state of mind a ‘fact’ capable of triggering adverse inferences? Writing in NLJ this week, Andrew Smith of Corker Binning examines how R v Leslie reshapes the debate
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
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