Weekly law digests

Claim form

Barton v Wright Hassall LLP [2018] UKSC 12 [2018] All ER (D) 109 (Feb)

The appellant’s appeal against the refusal of the Court of Appeal, Civil Division to retrospectively validate service of his claim was dismissed. The Supreme Court held that the appellant had made no attempt to serve his claim in accordance with the rules. There was no reason why he ought to be absolved from his errors at the respondent’s expense.

Family proceedings

Re A-F (children) (care orders: restrictions on liberty) [2018] EWHC 138 (Fam) [2018] All ER (D) 21 (Feb)

The present test cases raised various substantive and procedural questions in relation to the interface between care proceedings brought in the Family Court, pursuant to Pt IV of the Children Act 1989, and the requirements of art 5 of the European Convention on Human Rights. The Family Division held that the situation of the young or very young did not involve a confinement, gave a rule of thumb on at what point in the child’s development a child became confined,