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Withholding Disclosure in Family Cases: T (Children: Non-Disclosure) [2024] EWCA Civ 241

This case concerned an appeal which overturned Mr Justice Francis’ decision to withhold disclosure of a child’s mental health struggles from their father. 

Factual and Procedural History

This appeal arose in the context of private law dispute involving two children, aged 12…

The Dekagram: 22nd April 2024

We’ve said it before, and no doubt will again: you wait ages for a jurisdiction challenge to come along, and then a bunch of them come along at once. The post-Brexit avalanche of challenges continues unabated, this week seeing cases involving highly…

When is it substantially unjust to deny a dishonest Claimant their damages? 

To date, and perhaps surprisingly, there has been very little attempt by the Courts to grapple with this vexing question when considering whether to impose the consequences of a finding of fundamental dishonesty pursuant to s57 of the Criminal Justice and Courts…

The Dekagram: 15th April 2024

Two interesting legal developments caught our eye this week: the first relates to the extent of the duty in swimming pool drowning cases, and the second to claims infected by fundamental dishonesty. James Byrne has written about the latter here –

The Dekagram: 8th April 2024

This week we bring you news of one of those applications that has it all – a jurisdictional challenge, a dispute over standing, and an objection to substitution of a party. When sorrows come, they come not in single spies, but in…

The Dekagram: 2nd April 2024

Rainer Hughes Solicitors v Liverpool Victoria Insurance Co Ltd, Karadag, Ilieva [2024] EWHC 585 (KB)

In a recent case Martin Spencer J dismissed an appeal from His Honour Judge Monty KC, who  (it was held) had been entitled to order a firm…

SZR v Blackburn with Darwen Borough Council [2024] EWHC 598 (KB)

With HXA v Surrey County Council [2023] UKSC 52 having all but closed the door to common law claims (despite the Supreme Court maintaining in HXA that there might be examples of an assumption of responsibility arising on particular facts), claimants have…

The Dekagram: 25th March 2024

Chilton v Payne [2024] EWHC 451 (Admin)

 In a case which will be of interest to all practitioners undertaking claims arising out of cosmetic surgery, Henshaw J recently dismissed an appeal in a claim founded on allegedly poorly provided aftercare following abdominoplasty.

Key points in recent Family Law decisions

Appointment of Intermediaries

Guidance on the use of intermediaries was given by Lieven J in West Northamptonshire Council v. KA [2024 EWHC 79 (Fam), a case involving a mother described as “profoundly deaf”. A cognitive assessment concluded that the mother did not…

The Dekagram: 18th March 2024

It’s been a busy week. No sooner had we waved goodbye to Conor Kennedy and Dominique Smith, off to Paris for the Pan European Organisation of Personal Injury Lawyers New Lawyers’ Group Conference, than the Court of Appeal handed down judgment in…

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