header-logo header-logo

13 November 2015 / Jennifer Kotilaine
Issue: 7676 / Categories: Features , Public
printer mail-detail

Swings & roundabouts

nlj_7676_kotilaine

The Supreme Court has tackled the definition of ordinary residence, reports Jennifer Kotilaine

R (Cornwall Council) v SSHD & Somerset County Council [2015] UKSC 46, [2015] All ER (D) 91 (Jul), deals with a young man, P, who was born in 1986 in Wiltshire. He has profound physical and learning disabilities and lacks capacity to decide where to live. P was accommodated in 1991 under s 20 of the Children Act 1989 (CA 1989). His foster placement was in South Gloucestershire where he remained until 2004. P’s parents moved from Wiltshire to Cornwall in 1991 and P would occasionally visit his parents there for brief periods during the holidays.

After turning 18, P moved out of his foster placement in South Gloucestershire and into a care home in Somerset where he is now accommodated under s 21 of the National Assistance Act 1948 (NAA 1948). There is no question that he will be accommodated for the rest of his life, such are his needs for care and attention that are not otherwise available to him.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
back-to-top-scroll