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24 July 2008 / Penny Cooper
Issue: 7331 / Categories: Features , Public
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The right protocol?

Penny Cooper considers the implications of the Public Law Outline

On 1 April 2008 the Public Law Outline (The PLO) Guide to Case Management in Public Law Proceedings replaced The Protocol for Judicial Case Management in Public Law Children Act Cases. On the same date the Department for Children, Schools and Families (DCSF) introduced revised statutory guidance for care and supervision order proceedings (“Court Orders” of the Children Act guidance under s 7 of the Local Authority Social Services Act 1970) and a new practice direction for the use and instruction of experts in family proceedings relating to children. These three documents are designed to complement each other and can be found at www.justice.gov.uk/guidance/careproceedings.htm.

What's Behind the PLO?

The PLO needs to be seen in the context of the last 17 years; in October 1991 the Children Act 1989 (ChA 1989) came into force, bringing a much greater emphasis on trying to keep families together, proactive case management by the courts and avoiding delay in care proceedings. It was envisaged that under ChA

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

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
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
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’ 
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