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Swings & roundabouts

13 November 2015 / Jennifer Kotilaine
Issue: 7676 / Categories: Features , Public
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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.

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MOVERS & SHAKERS

Muckle LLP—Phoebe Gogarty

Muckle LLP—Phoebe Gogarty

North East firm welcomes employment specialist

Browne Jacobson—Colette Withey

Browne Jacobson—Colette Withey

Partner joins commercial and technology practice

Ellisons—Lizzy Firmin

Ellisons—Lizzy Firmin

Chief operating officer joins equity partnership

NEWS
Mazur v Charles Russell Speechlys [2025] EWHC 2341 (KB) has restated a fundamental truth, writes John Gould, chair of Russell-Cooke, in this week's NLJ: only authorised persons can conduct litigation. The decision sparked alarm, but Gould stresses it merely confirms the Legal Services Act 2007
The government’s decision to make the Financial Conduct Authority (FCA) the Single Professional Services Supervisor marks a watershed in the UK’s fight against money laundering, says Rebecca Hughes of Corker Binning in this week's NLJ. The FCA will now oversee 60,000 firms across legal and accountancy sectors—a massive expansion of remit that raises questions over resources and readiness 
The High Court's decision in Parfitt v Jones [2025] EWHC 1552 (Ch) provided a striking reminder of the need to instruct the right expert in retrospective capacity assessments, says Ann Stanyer of Wedlake Bell in NLJ this week
Paige Coulter of Quinn Emanuel reports on the UK’s first statutory definition of SLAPPs under the Economic Crime and Corporate Transparency Act 2023in NLJ this week
In this week's NLJ, Sophie Houghton of LexisPSL distils the key lesson from recent costs cases: if you want to exceed guideline hourly rates (GHR), you must prove why
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