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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

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

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