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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

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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