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Emergency COVID-19 Legislation – Judges Crack the Democratic Whip

20th January, 2021 By

Wide-ranging legislative changes that would normally require months, even years, of consultation were rushed through in a matter of days in response to the COVID-19 pandemic. A Court of Appeal ruling in a landmark case concerning emergency changes to the children's social care system revealed the critical role judges play in ensuring that democratic principles are observed. In the days prior to lockdown, the Government proposed sweeping changes to the system which were, at breakneck speed, enshrined in the Adoption and Children (Coronavirus) (Amendment) Regulations 2020. They introduced numerous amendments...

Clubbing Together with a Friend to Buy a Home? See a Lawyer First

14th January, 2021 By

It makes sense for friends to club together so that they can buy properties they would be unable to afford by themselves. However, a cautionary High Court ruling showed that such arrangements are only wise if lawyers are consulted so that all concerned know exactly where they stand from the outset. The case concerned two work colleagues, one of whom had £50,000 to put towards the purchase of a home of her own. Her credit rating was, however, too poor for her to obtain a mortgage. She had discussions with...

Legacies and Entitlement to Means-Tested Benefits – High Court Ruling

12th January, 2021 By

When making a will, most people would wish to provide for loved ones in need. As a High Court case showed, however, means testing of many state benefits creates a very real risk of such good intentions coming to nought and that is one very good reason why professional will drafting is so important. The case concerned a woman aged 21 with autism and learning disabilities, who was left about £170,000 in her grandfather's will, subject to her attaining the age of 25. On her receipt of that capital sum,...

Parents Who Simply Cannot Cope Don't Deserve Condemnation

8th January, 2021 By

Through no fault of their own, some parents are simply incapable of providing the care and stability that all children need whilst growing up. As one case showed, however, the approach of family judges is not to condemn but to seek solutions that enable children to continue living in the bosom of their families. The case concerned two children, aged four and five, whose mother suffered mental health difficulties, in part due to her own unhappy childhood. Unable to cope, she tended to smack and shout at them. They suffered...