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13 January 2011
Issue: 7448 / Categories: Case law , Law reports
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Family proceedings—Orders in family proceedings—Parental responsibility order and contact order

Principal Reporter v K and others [2010] UKSC 56, [2010] All ER (D) 192 (Dec)

Family proceedings—Orders in family proceedings—Parental responsibility order and contact order

Principal Reporter v K and others [2010] UKSC 56, [2010] All ER (D) 192 (Dec)

Supreme Court, Lord Hope DP, Lord Rodger, Lady Hale, Lord Kerr and Sir John Dyson SCJ, 15 Dec 2010

The operation of s 93(2)(b) of the Children (Scotland) Act 1995 (CSA 1995) in defining persons entitled to participate in a children’s hearing is not compatible with Art 8 of the European Convention on Human Rights (the Convention).

Janys Scott QC and Alison Stirling (instructed by Drummond Miller WS) for K. Morag Wise QC and Lynda Brabender (instructed by Biggart Baillie LLP) for the Principal Reporter. Rosemary Guinnane and David Sheldon (instructed by Aitken Nairn WS) for JR. David Johnston QC and Roddy Dunlop QC (instructed by the Scottish Government Legal Directorate) for the first minuter. Marie Helen Clark (instructed by HBM Sayers) for the second minuter.

K and

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MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

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Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

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Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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