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09 December 2016
Issue: 7726 / Categories: Case law , Law digest , In Court
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Family

Re W (A child) [2016] EWCA Civ 1140, [2016] All ER (D) 159 (Nov)

The Court of Appeal allowed an appeal by a local authority and two professionals (SW and PO) in respect of their complaint relating to the judge’s finding that SW and PO, together with others had been involved in a joint enterprise to obtain evidence to prove the sexual abuse allegations, irrespective of the relevant professional guidelines. The court held that SW and PO were “parties” to the proceedings, having achieved “intervenor” status and that the Court of Appeal had jurisdiction to entertain their appeals on the basis that they each asserted that the judge had acted in such a way so as to amount to a breach of their rights under Arts 6 and/or 8 of the European Convention on Human Rights. The court further held that there had been a wholesale failure to achieve a fair trial in relation to the matters that the judge went on to find proved against them, which ]were outside the parameters of the issues in the case. Accordingly,

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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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