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02 August 2024 / Max Konarek
Issue: 8082 / Categories: Opinion , Child law , Health , Personal injury , Criminal
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Keeping care proceedings fair

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The Suspected Inflicted Head Injury Service could be in breach of Art 6 & 8 rights, argues Max Konarek
  • Family lawyers have raised serious concerns about the Suspected Inflicted Head Injury Service (SIHIS), which is already being piloted.
  • This article argues the service may be in breach of parties’ Art 6 and 8 rights in care proceedings, and that it needs more consultation and transparency.

Picture the scenario: pre fact-finding hearing in care proceedings, your client is alleged to have caused serious harm to a child. That harm includes what is said to be a non-accidental head injury—all medical experts instructed in your case are against your client in the reports they have written. No wiggle room arises from the experts’ meeting that has taken place. If anything, the experts’ views have solidified further against your client. Many would say: ‘Game over. The outcome is inevitable.’ I would say everything is to play for. But why?

The cross examination of medical experts in these cases by specialist and

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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