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25 November 2016
Issue: 7724 / Categories: Case law , Law digest , In Court
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Family proceedings

Re JS (Disposal of Body) [2016] EWHC 2859 (Fam), [2016] All ER (D) 100 (Nov)

The Family Division, in granting the application of JS, a 14-year-old girl with terminal cancer, held that it had the power to make an order in which, among other things, the arrangements for preservation of her body would be delegated to her mother. In the unusual and difficult circumstances of the case, in which JS’s mother supported her wish to be cryopreserved after death, and her father opposed it, the court had the power to make a decision with prospective effect where JS’s present welfare could not have been adequately protected otherwise.

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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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