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Civil way: 3 June 2011

02 June 2011 / Stephen Gold
Issue: 7468 / Categories: Features , Civil way , Procedure & practice
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Super bolts, super supper, super speculation & super duper deposit win

Bolt upright, please

The Family Advocacy Scheme was cursed into force on 9 May 2011, applying to cases in which the funding application was made on or after that date. Advocates will need to know their bolt-on entitlements better than their Red Book if frayed shirt collars are to be avoided.

There’s a 25% bolt-on to the hearing fee where the client (not another party) is facing allegations of significant harm to a child. In public law, the allegations must have been made by the local authority and in both public and private law, still be live. Significant harm is defined. Death is generously included as are burns and scalds and fabricated illness. Representation of a person who has difficulty giving instructions or understanding advice will also rank for a 25% bolt-on in public law children cases but only if (inter alia) verified by a report from a psychologist or psychiatrist (and not based simply on a punch-up with counsel

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MOVERS & SHAKERS

Red Lion Chambers—Maurice MacSweeney

Red Lion Chambers—Maurice MacSweeney

Set creates new client and business development role amid growth

Kingsley Napley—Tim Lowles

Kingsley Napley—Tim Lowles

Sports disputes practice launchedwith partner appointment

mfg Solicitors—Tom Evans

mfg Solicitors—Tom Evans

Tax and succession planning offering expands with returning partner

NEWS
The rank of King’s Counsel (KC) has been awarded to 96 barristers, and no solicitors, in the latest silk round
Neurotechnology is poised to transform contract law—and unsettle it. Writing in NLJ this week, Harry Lambert, barrister at Outer Temple Chambers and founder of the Centre for Neurotechnology & Law, and Dr Michelle Sharpe, barrister at the Victorian Bar, explore how brain–computer interfaces could both prove and undermine consent
Comparators remain the fault line of discrimination law. In this week's NLJ, Anjali Malik, partner at Bellevue Law, and Mukhtiar Singh, barrister at Doughty Street Chambers, review a bumper year of appellate guidance clarifying how tribunals should approach ‘actual’ and ‘evidential’ comparators. A new six-stage framework stresses a simple starting point: identify the treatment first
In cross-border divorces, domicile can decide everything. In NLJ this week, Jennifer Headon, legal director and head of international family, Isobel Inkley, solicitor, and Fiona Collins, trainee solicitor, all at Birketts LLP, unpack a Court of Appeal ruling that re-centres nuance in jurisdiction disputes. The court held that once a domicile of choice is established, the burden lies on the party asserting its loss
Can a chief constable be held responsible for disobedient officers? Writing in NLJ this week, Neil Parpworth, professor of public law at De Montfort University, examines a Court of Appeal ruling that answers firmly: yes
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