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06 August 2009
Issue: 7381 / Categories: Case law , Law digest
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Family law

Re A (children) (care proceedings: threshold criteria) [2009] EWCA Civ 853, [2009] All ER (D) 354 (Jul)

The threshold of “significant harm”, in the context of making of care orders pursuant to s 31 of the Children Act 1989, was not comparatively low. In a case where there was a likelihood of a child suffering harm it was necessary to establish that there was a real possibility that he would suffer significant harm.

While having to show no more than a real possibility of harm made the threshold a low one, it still had to be a real possibility of significant harm. The harm had to be significant whether dealing with harm which had been suffered, or when dealing only with the likelihood of it being suffered. Therefore, the word “significant” had to be given its proper meaning in the scheme of the Act.

Issue: 7381 / Categories: Case law , Law digest
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MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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