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Civil way: 28 November 2014

27 November 2014
Issue: 7632 / Categories: Features , Civil way , Procedure & practice
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Parents’ positive presumption, first jactitation, now exequatur, joint tenant beware, & where the multies are going

Mum and dad do you good

They have arrived and to prove it, they are here. These are the provisions relating to various private law child applications contained in s 11 of the Children and Families Act 2014 which were commenced on 22 October 2014 by SI 2014/2749 but do not apply to prior proceedings which are still running. For reasons best known to someone, s 11 has come under the auspices of the Department for Education and was omitted from the ostensibly world-shattering children and family reforms which hit us on 22 April 2014.

So what is the latest reform all about? In the matter of contested applications to make, vary or discharge an order under s 8 of the Children Act 1989 and applications for parental responsibility under ss 44(1) (c), (2A) or 4ZA (1) (c) or (5) (got that?!), the presumption is raised that the involvement of a parent in the life of the child

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MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Ceri Morgan, knowledge counsel at Herbert Smith Freehills Kramer LLP, analyses the Supreme Court’s landmark decision in Johnson v FirstRand Bank Ltd, which reshapes the law of fiduciary relationships and common law bribery
The boundaries of media access in family law are scrutinised by Nicholas Dobson in NLJ this week
Reflecting on personal experience, Professor Graham Zellick KC, Senior Master of the Bench and former Reader of the Middle Temple, questions the unchecked power of parliamentary privilege
Geoff Dover, managing director at Heirloom Fair Legal, sets out a blueprint for ethical litigation funding in the wake of high-profile law firm collapses
James Grice, head of innovation and AI at Lawfront, explores how artificial intelligence is transforming the legal sector
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