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This book navigates a way through various jurisdictional matters to which practitioners should have regard when tendering advice to family law clients. Even where a case initially appears to be straightforward, it is imperative (from a risk management perspective) to ensure that comprehensive advice has been provided.For families, increased global mobility has potential significant consequences. This practical guide distils the key issues into accessible sections, focussing on jurisdiction, enforcement, arbitration, protective agreements and the movement of children. This is a useful reference guide for those involved in advising clients on a daily basis, for the preparation of legal submissions, for students or simply those with an interest in this fascinating area of law.CONTENTSChapter One - Relationships Entered Into AbroadChapter Two - Jurisdiction on Separation: ScotlandChapter Three - Jurisdiction on Separation: UK and the Channel IslandsChapter Four - Raising an Action in Scotland: Which Court?Chapter Five - BrexitChapter Six - Contest of JurisdictionChapter Seven - Protection: Pre and Post Nuptials and Other Forms of AgreementChapter Eight - ArbitrationChapter Nine - EnforcementChapter Ten - Parental Rights and ResponsibilitiesChapter Eleven - The Hague ConventionChapter Twelve - Relocating With Children: "Shared Parental Intention"Chapter Thirteen - The Welfare PrincipleChapter Fourteen - Views of ChildrenChapter Fifteen - Other Considerations for the Court in Child Relocation CasesChapter Sixteen - Relocating From Scotland to Other CountriesChapter Seventeen - Preparing Your Client's Child Relocation CaseChapter Eighteen - Cases of InterestChapter Nineteen - International Child Abduction After BrexitChapter Twenty - Habitual ResidenceChapter Twenty-One - Conclusion

Molestation can have detrimental impacts on an individual's health, safety, and wellbeing. In such instances, parties may consider it necessary to seek the court's intervention by way of a non-molestation order and occupation order to keep them and any relevant children safe. This book provides a practical guide to non-molestation orders and occupation orders in family law proceedings. The text seeks to provide guidance on the general principles, practice, and procedure for family law practitioners and litigants who may find themselves making or resisting an application for non-molestation and occupation orders.The book considers the courts' general approach to the making of non-molestation orders and occupation orders, predominately in Family Law Act proceedings. It is acknowledged that these orders may also be sought in parallel Children Act proceedings. Whilst Children Act proceedings are not the focus of this book, it provides an insight into how to case manage these cases in light of the courts' application of Practice Direction 12J of the Family Procedure Rules 2010.Crucially, this provides a helpful toolkit for practitioners based on judicial commentary from judgments as to how to practically manage applications for non-molestation orders and occupation orders. It also looks at the options available to the court to dispose of these applications, such as undertakings.ABOUT THE AUTHORDr Stephanie Coker is a barrister at FOURTEEN, a leading Family Law Chambers in London. She has a private family practice dealing with financial remedies following the breakdown of a marriage, as well as unmarried couples. She also advises on complex domestic and international private children matters and civil remedies following domestic abuse. She was called to the Bar in 2015 (Inner Temple). Stephanie undertook her PhD in the area of family law. Alongside practice, she has taught family law, property law and foundations of property at the University of Kent.CONTENTSChapter One - Non-Molestation OrdersChapter Two - Non-Molestation Orders Against Minors and Those Lacking CapacityChapter Three - Occupation OrdersChapter Four - Without Notice (Ex Parte) ApplicationsChapter Five - UndertakingsChapter Six - Procedural Guidance: Applications for Non-Molestation Orders and Occupation OrdersConcluding Remarks

When arrangements are made for someone, in their best interests, that amount to a deprivation of their liberty - for example placing someone in a care home against their wishes - how does the law protect their rights?The law in this vital area has been a mess. In 2014, a parliamentary committee described the current legal framework - the "Deprivation of Liberty Safeguards" (DoLS) - as not fit for purpose, and that was before a Supreme Court judgment (Cheshire West) just a few days later meant that the system has been overwhelmed with vastly more cases than it was built or resourced for.In 2019, legislation was passed with the bare bones of a new system, the Liberty Protection safeguards (LPS), to replace DoLS. But despite a consultation in 2022 on a draft Code of Practice which added some detail, it has now been announced that the LPS will not be implemented before the next general election (expected to be in late 2024), and so in practice may well never be implemented at all.Without those long awaited reforms, we will still have to work with the old system, and all the problems it had that LPS was supposed to fix, notably:That DoLS does not apply beyond care homes and hospitals, and so anyone deprived of their liberty in other settings, such as their own family home, or supported living, can only have this authorised by a court order;Similarly, DoLS only applies over the age of 18, but this leaves a gap for 16-17 year olds where, again, court orders are needed to authorise any deprivation of liberty, as the courts have only recognised parental consent to avoid a deprivation of liberty where the child is under 16; andEven where the DoLS system does apply, over 18 and in care homes and hospitals, there is a colossal mismatch between the system's resources and the workload, with backlogs of a year or more for authorisations to be processed, and tens of thousands of people unlawfully deprived of their liberty.This book will look at:The background and context to the law on deprivation of libertyArticle 5 of the European Convention of Human RightsThe Bournewood case and the birth of DoLSCheshire West, the definition of a deprivation of liberty, and how this has applied in a range of settings from the family home to residential care and hospitalHow DoLS works in practice, including the key safeguardsDeprivation of liberty for children and young peopleCourt applications for deprivation of liberty in the communityThe interface between DoLS and the Mental Health ActConsequences and compensation for an unlawful DoLThe Law Commission's review of DoLS, the evolution of the LPS and how it would have worked, and the prospects of reform now; andMaking the best of the system we have for now.ABOUT THE AUTHORBen Troke is a solicitor and a mediator with 25 years' experience working in health and social care, acting for the NHS and private sector providers all over the country. His particular interest is in decisions about mental capacity, medical treatment and deprivation of liberty, and he regularly deals with urgent applications to court in emergency situations.Ben is independently rated as one of the leading practitioners in the country in the Court of Protection. He currently sits on the Law and Ethics Policy Unit of the Faculty of Intensive Care Medicine, and the Law Society's Mental Health and Disability Committee, and has a decade of experience of sitting on the ethics of clinical practice committee of a large acute NHS Trust.Ben is a regular speaker at conferences nationwide and often provides training, in person and online.

This book is designed to provide practitioners with an accessible, practical guide to the legal, commercial and technical aspects of factoring and other forms of invoice financing. Offering a comprehensive survey of the various different kinds of facilities available in the market, the mechanics of a factoring agreement (including standard terms, accounting practices and securities) and an explanation of the key legal concepts at play in the arena of invoice financing, this hands-on book will prove an invaluable addition to the arsenal of both the established and the newly-fledged practitioner.ABOUT THE AUTHORKarina Champion is a member of Oriel Chambers in Liverpool and the Chair of its Commercial, Chancery and Insolvency Team. She was called to the Bar of England and Wales in 2005, having obtained a degree in Classics from Exeter College, Oxford in 2003 and a Post-Graduate Diploma in Law from The College of Law in 2004. She has over 18 years' experience of representing factoring companies in relation to all aspects of invoice financing litigation and she is considered an expert in her field.CONTENTSChapter One - FactoringThe Traditional ModelVariations and HybridsCHOCC/CHOCSChapter Two - The Factoring AgreementChapter Three - Charges and FeesChapter Four - Accounting PracticesChapter Five - SecuritiesGuarantees and IndemnitiesDebenturesChapter Six - AssignmentLegal AssignmentEquitable AssignmentRestrictions on AssignmentThe Importance of Notice of AssignmentChapter Seven - Defences of the CustomerSet-OffChapter Eight - LitigationGuarantorsNotice of AssignmentQuantificationDischarge of Customer

This book is a comprehensive but practical guide for all of those working in inquest law - from those instructed in their first case right through to those who have been practising for years, or coroners conducting their own inquests. It is neither a purely pragmatic guide, nor is it an academic dive into inquest law. It is both.Accordingly it is designed to answer the most likely questions any practitioner or coroner will have, from the procedural (such as 'what is a pre-inquest review?' and 'what does an inquest hearing look like?') through to the legal (such as 'what is the basis for an Article 2 inquest?' and 'on what grounds might a witness be granted special measures?'). These are all questions which the author has asked or been asked multiple times over her years of practice. In providing the answers this book draws upon statute, guidance and the most relevant and recent legal precedent.A Practical Guide to the Law in Relation to Inquests follows the natural structure of an inquest case so that it is as intuitive to use as possible. Part 1 sets out the background to an inquest, Part 2 covers matters you will be considering at the pre-inquest stage, Part 3 takes you through the inquest hearing itself and Part 4 addresses matters once the hearing has concluded.Specific topics include:What is an inquest? Its purpose, sources of law and background;Starting an investigation and opening an inquest;Pre-inquest reviews: content and procedure;Scope of an inquest;The duty and power to hold an inquest with a jury;Evidence at an inquest;The inquest hearing: selection of a jury, questioning of live witnesses and closing submissions;Conclusions at an Inquest;Prevention of Future Death Reports;Challenging Decisions of the Coroner.A Practical Guide to the Law in Relation to Inquests will therefore be a welcome addition to any bookshelf or work bag for many years to come.ABOUT THE AUTHORRamya Nagesh is a barrister at 4-5 Gray's Inn Square. She has spent over fifteen years in the law, with well over eleven of those at the Bar. After almost a decade building a successful criminal practice, she chose to focus primarily on another area in which she was being instructed more and more: inquests.Ramya has acted in the widest range of inquests: from those lasting less than a day where she is the only advocate, up to those of the greatest public interest. Some of the most recent inquests in which she has acted include an inquest into the death of a man beheaded by a person suffering from severe mental difficulties, an inquest into the sudden death of a man whilst he was being arrested and the Inquest into the Terror Attacks at the Fishmonger's Hall in November 2019.

Private client practitioners dealing with estates and trusts routinely encounter drafting problems. These can be of many different types, from an ambiguous clause in a home-made will to a precedent clause included by mistake in a professionally prepared trust deed. They can also arise in very different contexts: while some can be resolved by agreement, others will result in a full-blown court battle, possibly accompanied by professional negligence proceedings against the draftsman.This book is designed as a practical guide to overcoming drafting problems. As well as considering the court's modern approach to the construction and rectification of both wills and trust instruments, it includes practical guidance on how to try to deal with drafting problems by agreement and, if that fails, on how to ask the court to resolve them.This new edition has been fully revised and updated to take account of recent developments in case law and procedure, including the completely rewritten Chancery Guide.ABOUT THE AUTHOREdward Hewitt is a barrister at 5 Stone Buildings in Lincoln's Inn. He has a private client practice with a particular emphasis on inheritance and trust disputes. He is frequently asked to advise on the correct construction of wills and trust instruments. He has also acted in some of the leading recent cases involving the construction and rectification of wills and trust instruments, some of which have included ancillary professional negligence proceedings against the relevant draftsman.CONTENTSChapter One - Introduction1.1 The problem1.2 Structure of this book: distinction between wills and other trust instruments1.3 A bit of history1.4 Relationship between construction and rectification1.5 MiscellaneousChapter Two - Construction of Wills2.1 The law2.2 Practice and procedure2.2.1 Who is affected?2.2.2 Can the problem be resolved by agreement?2.2.3 Professional negligence2.2.4 Court intervention: section 48 of the Administration of Justice Act 19852.2.5 Court intervention: construction claims in the Chancery DivisionChapter Three - Rectification of Wills3.1 The law3.2 Practice and procedure3.2.1 Who is affected?3.2.2 Can the problem be resolved by agreement?3.2.3 Professional negligence3.2.4 Court intervention: rule 55 of the Non-Contentious Probate Rules 19873.2.5 Court intervention: rectification claims in the Chancery DivisionChapter Four - Construction of Other Trust Instruments4.1 The law4.2 Practice and procedure4.2.1 Who is affected?4.2.2 Can the problem be resolved by agreement?4.2.3 Professional negligence4.2.4 Court intervention: section 48 of the Administration of Justice Act 19854.2.5 Court intervention: construction claims in the Chancery DivisionChapter Five - Rectification of Other Trust Instruments5.1 The law5.2 Practice and procedure5.2.1 Who is affected?5.2.2 Can the problem be resolved by agreement?5.2.3 Professional negligence5.2.4 Court intervention: rectification claims in the Chancery DivisionChapter Six - Mistake and Hastings-Bass6.1 Mistake6.2 Hastings-BassREVIEWS OF THE FIRST EDITION"Mr Hewitt has an easy writing style which is to be commended for what could be a difficult and dry topic. Instead, it is a book which provides clarity when trying to approach the actions which need to be taken"- Gill Steel, LawSkills

This book is a practical guide to conducting a proof in the sheriff court, based on the author's thirty years of experience of presenting evidence at proofs and hearings in the sheriff court, the Court of Session and before tribunals. The guide highlights the importance of risk management in an area of law that is fraught with hazards concerning costs, timescales and adverse outcomes. It also identifies many useful steps that ought to be taken with a view to minimising such hazards and making the process of conducting a proof as smooth and as painless as possible. Although the book is aimed primarily at practitioners it describes the practical application of the law of evidence, an area which will interest academics and students. The guide deals with managing clients, advice on preparation and how best to cover your back in this perilous area of practice. Although reference is made to court rules and textbooks the book is first and foremost a practice guide.ABOUT THE AUTHORAndrew Stevenson S.S.C. is a practising solicitor advocate at Waddell and Mackintosh, Troon. He has undertaken many hundreds of proofs across Scotland since 1992 in virtually all areas of litigation and has long experience of acting as a commissioner to recover evidence in sheriff court actions both civil and criminal. Andrew is a former President of the Glasgow Bar Association and he is currently Secretary of the Scottish Law Agents' Society. He is also a committee member of the Society of Solicitor Advocates. Andrew has written extensively on civil procedure and gives seminars on proofs and litigation. He is a contributor to Greens Litigation Styles. He is a regular columnist for The Scotsman and is a vice convenor of the Discipline Tribunal of the Church of Scotland. He is the author of Style Writs for the Sheriff Court, Bloomsbury 2023.CONTENTS1. Introduction2. Risk Management3. The Capacities in Which You Are Acting4. Officer of the Court5. Acting as Direct Agent for a Litigant6. Acting as an Agent for Another Solicitor7. Acting as an Employee8. Recipient of Third Party Funding9. Risk Management: How to Avoid Having to Conduct a Proof10. Points to Attend to When the Proof Is Being Assigned11. Modes of Proof12. Managing the Evidence That You Need to Succeed at a Proof13. Intimating and Lodging Lists of Documents, Witnesses, Affidavits and Productions14. Practical Steps to Make Life as Easy as Possible on the Day15. Using Evidence at the Proof; Witnesses16. Adducing Objective and Not Subjective Evidence17. Calling Witnesses18. Credibility Versus Reliability19. Objecting to the Opponent's Questions20. Cross Examination21. Judicial Knowledge22. Ordinary Cause Rules on Running a Proof23. The Law of Evidence24. Running a Hopeless Proof25. If the Proof Is Lost26. ConclusionBibliography

A practical and concise but thorough survey of the many legal issues affecting airspace and subsoil. The areas covered by the book includes freehold and leasehold ownership, easements, manorial rights, conveyancing and land registration, leasehold enfranchisement, adverse possession, minerals and developing above and below existing buildings.This second edition updates the book to cover developments in the law over the 4 years since publication of the first edition, including the decisions of the Supreme Court in Fearn v Board of Trustees of Tate Gallery and of the Court of Appeal in LM Homes v Queen Court Freehold Company Ltd, Alford House Freehold Ltd v Grosvenor (Mayfair) Estate and Wynne-Finch v Natural Resources Body for Wales. The second edition also expands the discussion of a number of topics within the book.ABOUT THE AUTHORDaniel Gatty is a barrister at Gatehouse Chambers. He specialises in disputes about property, especially real property and commercial landlord and tenant, secured lending and property-related professional liability. He is recommended as a leading property litigation barrister in the major legal directories. In addition to practising at the Bar, he is an experienced mediator and sits as a part-time Judge of the First-tier Tribunal (Property Chamber, Land Registration).CONTENTSChapter One - Freehold Ownership of Airspace and SubsoilChapter Two - Leasehold Ownership of Airspace and SubsoilChapter Three - Conveyancing and Land RegistrationChapter Four - Easements Affecting Airspace and SubsoilChapter Five - Leasehold Enfranchisement and Statutory Rights of First RefusalChapter Six - Mines, Minerals and Manorial RightsChapter Seven - FrackingChapter Eight - Adverse PossessionChapter Nine - Building Above and Below Existing Buildings

The Criminal Justice System is at the forefront of the mental heealth crisis. As a result of underfunding of both the healthcare sector and the justice system advocates find themselves dealing with an ever increasing number of defendants with severe mental health issues, often at a point of crisis within the criminal courts.This book endeavours to assist those who represent people within the criminal courts with mental health which impacts on their ability to enter a plea, stand trial, or withstand the trial process. "Fitness to plead" law and procedure is explored both with regards to the Crown court and magistrates' courts as is the lack of provision for those for whom "effective participation" is a key issue, even if their mental health concerns "fall short" of a disorder which might trigger fitness to plead provisions.The book also explores the "special verdict" of insanity alongside the defence of "automatism" and the relationship between the two. Stopping short of 'partial defences' such as diminished responsibility, this book focuses on the immediate issues that face junior practitioners on their feet in the Crown and magistrates' court.Representing the most vulnerable within the justice system requires a rigorous understanding of the legal framework underpinning the area and in particular of the ways in which a court can dispose of a case. The book aims to provide practitioners a brief summary and introduction to the area, and guidance as to the most common issues which arise.ABOUT THE AUTHORCalled to the bar in 2012, Alex Matthews is a specialist criminal barrister at 9BR Chambers.She acts for both prosecution and defence across a wide range of cases such as sexual offences, firearms, explosives and serious violence through to fraud.Alex has particular experience representing vulnerable clients within the criminal justice system from youths to those with severe mental ill health. Through this experience she developed an interest in the law of this area both in its current form, and in relation to its proposed reform.As part of her specialism in protest law Alex has dealt extensively with the complex law in that area and has a consequence also been published in Archbold Review.Having been appointed both to the Criminal Bar Association and South Eastern Circuit committees (the latter as the Recorder of the South Eastern Circuit) Alex is an active participant in circuit life.Alex is a Rape and Sexual Offences panel prosecutor and an established grade 3 advocate for the Crown Prosecution Service.

This book provides a practical guide to habitats law in relation to planning and permitting in England. It contains a long-overdue introduction to, and overview of, the complicated and rapidly evolving system of wildlife and habitat protection both on land and in the marine environment. As well as providing an introduction to key legal principles, it explains the processes followed and factors taken into account in reaching decisions involving our natural world.The impact of habitat and wildlife laws is increasingly affecting all aspects of life. From a planning perspective, whether to do with house building or the construction of road and rail projects, to the day-to-day functioning of permitted activities such as sewage treatment works and dredging activities in ports, habitats laws plays a significant role.ABOUT THE AUTHORBrendon Moorhouse is an environmental and planning barrister practising at Six Pump Court, a Chambers recognised as one of the Countries' leading sets for environmental and planning law. He is regularly instructed in habitat and wildlife related matters and is frequently instructed in high profile permitting and planning related cases. He is a contributing author to Garner's Environmental Law.A visiting research fellow and external member of the University of West of England's environmental law faculty, he is also a trustee and member of the global advisory panel of the Conservation Collective charity.CONTENTSIntroductionChapter One - An Overview of Habitats ProtectionChapter Two - Planning - Environmental Impact AssessmentChapter Three - Marine Works - Environmental Impact AssessmentChapter Four - General Biodiversity DutyChapter Five - The Habitats Directive and Regulations- Part 1: Habitats Regulations - The designation and management of the National Site Network- Part 2: Plans or Projects affecting the National Site NetworkChapter Six - Habitat and Biodiversity Trends

This book is intended to provide practical guidance when considering issues of disclosure in criminal proceedings. It is aimed at both prosecution and defence practitioners. Disclosure issues can arise in any criminal case and in many guises, from the prosecution seeking an adverse inference from the defence's failure to set out their case in the defence statement, to the defence applying for proceedings to be stayed as an abuse of process due to disclosure failings by the prosecution. It also includes checklists designed to help the reader ask the right questions when considering particular disclosure topics along with a number of precedents, pro-formas and sample documents to assist.With a Foreword by Lord Justice Fulford (Sitting in Retirement).ABOUT THE AUTHORSNarita Bahra KC is one of the most sought after and able leading defence barristers instructed to defend in heavyweight Crime and Business Crime cases. She has been instructed in a number of the high-profile cases in which disclosure failings by the Prosecuting authorities have been unmasked. In 2018, four of these cases became the subject of review by the House of Commons Select Committee. Narita's most recent success resulted in her exposing an expert witness and significant disclosure failings. She has cemented a reputation as a barrister who can skilfully deal with the most difficult of disclosure cases. Her excellent track record, high success rate and commitment to fighting fearlessly for her client's best interests make her the leading choice in high profile disclosure cases. She regularly appears on Sky News and BBC news as a legal correspondent and is a regular author and contributor to legal journals.Don Ramble is a specialist prosecution barrister with 20 years' experience in the criminal courts. He has acted as disclosure counsel in some of the highest profile criminal trials in recent years, establishing himself as an expert in the field. His reputation and knowledge sees him called upon regularly to advise on disclosure issues in large and complex cases across the UK.CONTENTSIntroductionChapter One - Development of Disclosure LawChapter Two - TerminologyChapter Three - Initial, Continuing and Post-Trial DisclosureChapter Four - Defence Statements and Witness NoticesChapter Five - Disclosure RequestsChapter Six - Disclosure in the Magistrates' CourtChapter Seven - Digital MaterialChapter Eight - Expert WitnessesChapter Nine - Third-Party Material and RedactionChapter Ten - PII ApplicationsChapter Eleven - Preventing Disclosure ProblemsChapter Twelve - Tackling Disclosure ProblemsChapter Thirteen - Remuneration

A sea-change is coming for commercial leasing. As the climate emergency gathers pace, the pressure is on for the property sector to get its house(s) in order. And for all the column inches on potential regulation or absent top-down policy, it is fast understanding that its contractual relationships, particularly its green leases, will be key to concreting environmental ambitions and ESG expectations into its real estate.To be properly impactful, the green lease must do many things. It must cater for existing legislation in many areas, while anticipating change. It must rethink bricks and mortar as a complex body, living its operations and breathing out clean air. In aligning the interests of landlords and tenants it must, arguably for the first time, challenge the fundamental notions of FRI leasing in a way that is both credible and commercially viable.This book explains the why and the how of green leasing in the commercial world. It offers drafting tips to help this nascent tool take root, and it makes a necessarily broad analysis of its legislative context. It considers how the development of solicitor's duties could demand more from the legal profession's understanding and advice. It was written to inspire and empower real estate lawyers and practitioners, as they support the efforts of future-looking commercial clients to rebuild the industry from the ground up.ABOUT THE AUTHORClare Harman Clark is a Senior Counsel - Knowledge in the real estate team at Taylor Wessing LLP. She chairs the Property Section at the Law Society and teaches on the Property Law and Practice and Commercial Property modules of the LPC at the University of Westminster.Back in the mists of time, she trained as a journalist and still writes regularly for national and trade press. She sits on the editorial board of the Landlord and Tenant Review and has contributed chapters to various books on the development of legal practice (including Career Development for Women Lawyers; Tomorrow's KM: innovation, best practice, and the future of knowledge management; and Lawyer's guide to the future of practice management).Since qualifying at Clifford Chance LLP, she has spent the best part of two decades advising on all aspects of commercial real estate, for a vast array of clients. In her current role, Clare focuses on knowledge management and enjoys the professional space to leverage her transactional experience while engaging with the macro trends affecting our sector. She recently completed a Masters in International Planning and Sustainable Development - for all the discussion on pandemics, or Brexit, or technology, by far the biggest issue facing us today is the climate change crisis.CONTENTSChapter One - Introduction - Changing the WorldChapter Two - Background law and regulationChapter Three - The new generation of green leasesChapter Four - Drafting the green leaseChapter Five - Seeking other opportunities to import green lease provisionsChapter Six - The role of the real estate lawyerChapter Seven - Conclusion: The Future is GreenBibliography

Advising educational establishments on their rights and responsibilities as an Employer is an increasingly complex and specialist area; particularly with the drive towards academisation, multi-academy trusts and the ever-increasing legislative burden of safeguarding and governance.Based on both authors' extensive experience in this area, this text provides a practical approach to advising on employment issues for Schools of whatever variety, whether they be maintained, academies or independent. Aimed at all those advising clients in this sector, whilst also being a useful text for those primary advising employees in the sector as well, the text focuses on key issues unique to the sector; including:Who is the Employer?An examination of the different types of educational institutions and the intricacies unique to each.Disciplinary and misconduct issues - including safeguarding issues and the role of the barring authorities.Performance management including sickness absence; performance related pay and the statutory appraisal framework.Holiday Pay in the post Harpur Trust v Brazel world.TUPE in the Education Sector.Trade Union relations and Industrial Action.Pensions - an examination of key areas practitioners should be aware of in dealing with the Local Government Pension Scheme and Teachers' Pension Scheme, with particular reference to restructuring.ABOUT THE AUTHORSJonathan Holden is a Partner, National Head of Employment and Head of Education for Forbes Solicitors. He has specialised in Employment Law throughout his career. Jonathan has extensive experience in advising public sector institutions; and is a nationally recognised expert in advising on employment law issues within the education sector.James Barron is a Senior Associate within the Public Sector Employment Team within Forbes Solicitors. He has specialised in Employment Law and has advised all manner of different education settings throughout the entire period of his career.CONTENTSChapter One - Who Is the Employer?Chapter Two - Terms and ConditionsChapter Three - Safeguarding & Disqualification by AssociationChapter Four - Misconduct and DisciplineChapter Five - Performance ManagementChapter Six - Academies & TUPEChapter Seven - Trade Union Relations and Industrial ActionChapter Eight - Useful Sources of Information

Social housing providers collect and store information about the huge number of individuals they serve, so a clear understanding of both the legislation and the practicalities of handling personal data is critical.Unfortunately, there are many myths about data protection, from needing consent to process any personal data, to organisations being prevented from helping vulnerable people due to data protection laws. These myths, and more, are addressed and debunked in this book.With clear advice and a pragmatic approach, this is the book that the author wanted and needed when working in a large housing association on data protection. As well as explaining the legal requirements, this book highlights the many benefits to housing providers, from handling personal data in a compliant manner, including improved efficiency and increased customer trust, which both help landlords fulfil their social purpose more effectively.This book shows everyone working in housing, not just data protection officers, how data protection can go from being seen as red tape or a blocker, to becoming the foundation on which to achieve the sector's goals. It doesn't just lay out the law, it also contains actionable advice and ideas for identifying risks and appropriate controls, and embedding data protection into the day-to-day work of social housing providers.ABOUT THE AUTHORWith a background in quality assurance and risk management, before specialising in data protection, as well as almost two decades in social housing, Clare Paterson has a holistic understanding of both the business risks and people-centered risks connected to data, and helps people to identify and control these risks, while continually expanding her own knowledge.Clare is committed to providing the support she knows those working with data need, from her own experience, and does this as the founder of the Hive, a free online group for data professionals in values-led sectors, and the Hive Live, an in-person conference with interactive workshops as well as expert speakers, as well as writing blog posts and articles that have featured in varied publications, and speaking at events all over the UK. She works with clients through her own consultancy, CP Data Protection, and also worked with Anthony Collins Solicitors for over 5 years, providing advice and training. Clients describe her as "friendly, professional and flexible", having a "warm and friendly approach" and her work as "excellent quality." Clare balances her work with family life, listening to rock music and podcasts (and making a true crime podcast too), and drinking too much coffee.CONTENTSChapter One - Introduction to Data Protection in Social HousingChapter Two - Data Protection Officer Role & ResponsibilitiesChapter Three - Personal DataChapter Four - The (UK)GDPR PrinciplesChapter Five - Lawful Bases for Data ProcessingChapter Six - Data Subjects' RightsChapter Seven - International Data TransfersChapter Eight - Data Sharing and Data Processors & ControllersChapter Nine - Data Protection Impact Assessments (DPIAs)Chapter Ten - Data Security, Breaches and ComplaintsChapter Eleven - Digital Transformation in Social HousingChapter Twelve - CCTV and ASBChapter Thirteen - Insight and EDI WorkChapter Fourteen - Contacting People (Including PECR and the TSMs)Chapter Fifteen - What Next?

This book is a practical guide for those dealing with cases involving the Child Maintenance Service (Child Support Agency that was) in the Magistrates and County Court.In a concise single volume it sets out the key steps from an assessment of child maintenance to the imposition of sanctions for failing to pay. It identifies the tools used by the Child Maintenance Service to recover unpaid child maintenance and the various processes, appeals and safeguards that exist to protect the Paying Person.The key legislative provisions and case law are identified allowing the reader to quickly see what arguments can be made and what obstacles need to be overcome. Most sections end with a series of "Top Tips" to assist the practitioner in focusing in on what needs to be done to best present their client's case.This readable volume is an invaluable cost-effective resource for practitioners advising clients in this field well worth the investment of the reader's time and money.ABOUT THE AUTHORCrispin Hayhoe is a practising barrister who regularly deals with Child Support cases and has done so for almost 20 years. As a qualified accountant and former Licenced Insolvency Practitioner as well as a lawyer he is able to give focused and highly cost-effective advice to clients. Crispin is the first-choice advocate for the Child Maintenance Service for its high profile cases, some of which have been reported in the national media.CONTENTSIntroductionChapter 1: Claims - Calculation/AssessmentChapter 2: PaternityChapter 3: At CourtChapter 4: Information OffencesChapter 5: Deduction From Earnings OrderChapter 6: Regular and Lump Sum Deduction OrdersChapter 7: Liability OrdersChapter 8: Set-Aside ApplicationsChapter 9: SanctionsChapter 10: County Court HearingsChapter 11: Other "Defences" And Issues Arising in Child Maintenance CasesChapter 12: Complaints and Appeals

The inherent jurisdiction is a powerful tool to ensure that children subject to proceedings are properly protected, which can be achieved in many different ways. The inherent jurisdiction is often regarded as a complex area of family law due to the complexity of cases that enter its arena, ranging from child abduction disputes and determination of cross-border issues, wide-ranging injunctive powers, orders relating to medical treatment and complex disputes relating to public and private law proceedings.This book will provide practitioners working in family law with a toolkit as to how to embark upon proceedings relating to the inherent jurisdiction. There will be a focus on the types of orders that can be made under the inherent jurisdiction and consideration as to the purpose. The book will consider the inherent jurisdiction across a range of different practice areas within family law such as child abduction, private and public law disputes and other injunctive / protective orders that are designed to safeguard children. In particular, this book will consider in the context of the inherent jurisdiction: tracing/locating children and respondents, deprivation of liberty, forced marriage protection orders, female genital mutilation orders, inward and outward abduction, vaccinations, tipstaff orders, and disputes relating to medical treatment. This book will consider the limits to the inherent jurisdiction as well as how to best present cases, whether you are acting for an applicant, respondent, the subject children or any other interested party within proceedings.ABOUT THE AUTHORMani Singh Basi is a barrister at 4PB. He is a practitioner who has a specialist interest in cases with an international element. As such, he regularly appears in the High Court in cases relating to the inherent jurisdiction of the High Court such as child abduction. He was the winner of the Family Law Commentator of the Year Award at the LexisNexis 2022 Family Law Awards and previously published a book titled 'A practical guide to stranded spouses in family law'. In 2023, he was shortlisted for the International Lawyer of the Year award.CONTENTSChapter One - An Introduction to the Inherent JurisdictionChapter Two - Procedure to Commence ProceedingsChapter Three - Orders Made Under the Inherent JurisdictionChapter Four - The Inherent Jurisdiction and Child AbductionChapter Five - The Inherent Jurisdiction and Public Law ProceedingsChapter Six - The Inherent Jurisdiction and Injunctive OrdersChapter Seven - The Inherent Jurisdiction and Private Law MattersChapter Eight - The Inherent Jurisdiction and Medical TreatmentChapter Nine - Concluding Thoughts

While the state has extensive powers and duties in relation to state-funded education, independent schools largely sit outside that regime on condition that they meet prescribed standards. 'A Practical Guide to the Independent School Standards' introduces the standards from a rights-based perspective and explains their role in connection with registration and inspection of independent schools. Busy practitioners are signposted to the key guidance and regulations incorporated into the deceptively short standards. The parts of education law which do and do not apply to the independent sector are clearly identified.After outlining the standards and linking to relevant legislation and recent case law which helps with interpretation, this book shows how the standards can be applied to common issues affecting pupils such as SEND, mental health, peer-on-peer abuse, admissions and exclusions.The closing chapters consider the role of the standards when things go wrong whether it is a parent wishing to complain about a school, a school questioning the findings of a compliance inspection and/or responding to action by the regulator.Intended primarily for education lawyers, 'A Practical Guide to the Independent School Standards' will also be an invaluable accessible resource for independent schools, bursars, governors and trustees, and parents.ABOUT THE AUTHORSarah McKimm is a solicitor who, after a first career in commercial litigation, has been specialising in education law for over 20 years. In 2008 she became Principal Solicitor and later Deputy General Secretary for the Independent Schools Council. She was also until recently Head of Legal & Policy at the Independent Schools Inspectorate (ISI).CONTENTSList of Terms and AbbreviationsPART ONE - INTRODUCTIONChapter One - State and Independent Education - How They Differ and WhyChapter Two - Registration Requirements for Independent SchoolsChapter Three - Overview of The Independent School StandardsChapter Four - Key Provisions of The Equality Act 2010Chapter Five - Regulated ActivityPART TWO - THE STANDARDSChapter Six - The Quality of Education StandardsChapter Seven - The Curriculum Standard - ISS Part 1Chapter Eight - Relationships, Education and Relationships and Sex Education (RSE)Chapter Nine - The Teaching StandardChapter Ten - The SMSC Standard (Social, Moral, Spiritual and Cultural Development of Pupils) - ISS Part 2Chapter Eleven - The Safeguarding Standard - ISS Part 3Chapter Twelve - Other Welfare, Health and Safety Standards - ISS Part 3 ContinuedChapter Thirteen - The Suitability Standards - ISS Part 4Chapter Fourteen - The Premises and Accommodation Standard - ISS Part 5Chapter Fifteen - The Provision of Information Standard - ISS Part 6Chapter Sixteen - The Complaints-Handling Standard - ISS Part 7Chapter Seventeen - The Leadership and Management Standard - ISS Part 8PART THREE - APPLYING THE STANDARDS TO COMMON ISSUESChapter Eighteen - What the Standards Say About Pastoral CareChapter Nineteen - What the Standards Say About Child-on-Child Sexual AbuseChapter Twenty - What the Standards Say About Special Educational Needs and Disabilities (SEND)Chapter Twenty-One - What the Standards Say About Mental Health IssuesChapter Twenty-Two - What the Standards Say About Admissions and ExclusionsChapter Twenty-Three - When Things Go WrongChapter Twenty-Four - In Conclusion - Future Developments

The current state of the law regarding material contribution in clinical negligence appears complicated and uncertain. This book charts the evolution of material contribution as a concept in causation from its original application in occupational disease cases to its more recent analysis in the context of clinical negligence.As with many areas of common law, the courts have attempted to define the factual characteristics of cases where material contribution causation can apply. It is commonly plead in clinical negligence where there are a range of potentially causative agents in operation and where the limitations of medical science prevent the application of traditional 'but for' causation. The courts have sought to categorise injuries and diseases in respect of their characteristics of 'divisibility' and 'indivisibility'. These terms have not however been applied and interpreted consistently. It is anticipated that clarification will be provided by the Supreme Court in due course.The aim of this book is to set out the legal landscape as it stands and provide practical assistance to enable claimants and defendants to argue their cases in causation.ABOUT THE AUTHORRhodri Jones is a barrister at St John's Chambers. He specialises in clinical negligence and inquests, acting for both claimants and defendants. Before retraining as a barrister Rhodri practiced as a medical doctor for 18 years, principally in A&E and general practice.CONTENTSIntroductionChapter One - Fundamentals of Material ContributionChapter Two - Categories of Disease and InjuryPART ONE: ORIGINS OF MATERIAL CONTRIBUTION IN OCCUPATIONAL DISEASE Chapter Three - A Single Causative Agent From Two SourcesChapter Four - Material Contribution to the RiskChapter Five - Recent Occupational Disease Cases Considering Material ContributionPART TWO: CLINICAL NEGLIGENCEChapter Six - Unsuccessful Application of Material Contribution in Clinical NegligenceChapter Seven - Successful Application of Material Contribution in Clinical NegligenceChapter Eight - ApportionmentChapter Nine - Consecutive and Concurrent Causative AgentsChapter Ten - Limitations on the Application of Material ContributionChapter Eleven - Material Contribution in Birth Injury CasesChapter Twelve - Material Contribution in Brain Injury CasesChapter Thirteen - Material Contribution in Psychiatric Injury CasesChapter Fourteen - Overall Conclusions

This book provides the context as to why the Family Court in England and Wales approaches awards of maintenance in the way that it does. The law remains as set out in Section 25 (as amended in 1984) of the Matrimonial Causes Act 1973. The book looks at why there have been so many apparently different approaches as to its implication since 1973. It includes a review the history of maintenance in this jurisdiction to give a context as to how we arrived at the current state of practice as set out in the 1973 Act.Also discussed are the significant changes in society since the first statute allowing the courts to award maintenance namely the Matrimonial Causes Act 1857.Finally, there is a review of current judicial thinking and approach on this difficult aspect of the financial remedies available following the breakdown of marriage, with consideration being given to the international context of spousal maintenance.This updated second edition covers the latest developments including the introduction of no fault divorce in April 2022 in accordance with the Divorce, Dissolution and Separation Act 2020 which means that on dissolution of a marriage or civil partnership the parties are granted a conditional order and final order of divorce, and that prior to the grant of the final order a financial agreement must be settled.ABOUT THE AUTHORLiz Cowell has over 30 years' experience in the practice of Family Law. She has lectured on spousal maintenance in the jurisdiction of England and Wales to fellow Family Practitioners for more than a decade. She has had experience of sitting on the Child Support Act Tribunal and, since the year 2000, has sat as a Deputy District Judge.Her interest in the Family Court's approach to spousal maintenance was sparked following anecdotal research done during the noughties, which demonstrated marked differences in the approach to spousal maintenance across the jurisdiction, in addition to a conference on the topic organised by Resolution, which further highlighted the problems encountered by many practitioners.Liz has built up a practice assisting clients facing issues with the Child Support Agency (as it was known then), and subsequently, has worked with parents who have been in need of help with the Child Maintenance Service. She is qualified as a Family Law Arbitrator, and is a firm believer in Arbitration as a form of Alternative Dispute Resolution (ADR).CONTENTSChapter 1 - IntroductionChapter 2 - HistoryChapter 3 - The Matrimonial Causes Act 1973 ("MCA 1973")Chapter 4 - The Statute and the RulesChapter 5 - Maintenance Pending Suit and Interim Periodical PaymentsChapter 6 - Applications Pursuant to Section 23 Matrimonial Causes Act 1973 for Periodical Payments of MaintenanceChapter 7 - The Clean Break ProblemChapter 8 - The Problems Surrounding Sharing the Payer's IncomeChapter 9 - Needs Are ElasticChapter 10 - Bonuses and How They Affect MaintenanceChapter 11 - CohabitationChapter 12 - Variation of Periodical PaymentsChapter 13 - CapitalisationChapter 14 - The Treatment of Bonuses in Financial SettlementChapter 15 - PensionsChapter 16 - BankruptcyChapter 17 - The Child Support Act 1991

Artificial Intelligence remains a complex and rapidly evolving technology. Since the second edition of this book, Generative AI models such as ChatGPT have made a seismic impact on the AI industry and society as a whole. Legislative and policy initiatives move closer to finalisation, particularly the EU's groundbreaking Artificial Intelligence Act which is likely to have a global impact on regulation of AI and machine learning systems. In a fast moving specialist area, it is essential to keep pace. If you are lost and need clear direction, 'Artificial Intelligence - The Practical Legal Issues' will guide you through the policy updates and implications of existing AI technologies and provide a practical and easily digestible path to the real issues you need to consider as a legal practitioner.This book contains a grounding of what differentiates artificially intelligent systems from traditional technology and explains the differences between AI, Machine Learning and Deep Learning, and what makes Generative AI (and by association, foundation models) so different. Understanding what AI systems can and cannot do is also essential to developing a clear legal awareness of the technology. From these introductory foundations, you'll learn how the deployment of AI technology creates issues and risks that need to be considered carefully and that permeate across causation, intellectual property ownership, confidentiality and data protection, recruitment and even criminal law.This Third Edition contains an entirely new chapter on one of the most exciting emergent AI technologies, Generative AI. AI Ethics and the new EU Artificial Intelligence Act are also explained in depth as well as commentary on the UK's vision for AI as reflected in its 2023 AI Governance White Paper.ABOUT THE AUTHORJohn Buyers is a commercial solicitor and partner at Osborne Clarke LLP, an international law firm which specialises in advising high technology clients, or businesses that are transitioning through a process of digitalisation. John manages the UK Commercial team and leads Osborne Clarke's international Artificial Intelligence and Machine Learning group. He is a frequent commentator on the topic of Artificial Intelligence and the law and speaks regularly both in the UK and internationally on the subject.John's practice is largely based on transactional IT and outsourcing in the Financial Services and regulated Professional Services sectors. He regularly advises users and suppliers of Artificial Intelligence based systems. Recent work has included advising a global technology business on the legal implications of automated facial recognition in Europe and providing guidance to a major social media network on the discriminatory effects of automated content takedown.CONTENTSChapter One - An Introduction to Artificially Intelligent SystemsChapter Two - AI Ethics: A PrimerChapter Three - Generative AIChapter Four - Causation and Artificial IntelligenceChapter Five - The EU Artificial Intelligence ActChapter Six - Big Data and Artificial IntelligenceChapter Seven - Automated Facial RecognitionChapter Eight - Intellectual Property Rights in AI SystemsChapter Nine - Automated Bias and DiscriminationChapter Ten - AI Crime: Commission and JudgmentChapter Eleven - Market Distorting Effects: AI and Competition LawChapter Twelve - Automation and Service ProvisionChapter Thirteen - Artificial Intelligence and Corporate LawChapter Fourteen - Political, Regulatory and Industry Responses

Taken from over twenty five years in advising on roads matters, this work provides an up-to-date guide to roads law in Scotland, focussing on how roads law impacts on the development of land. It considers the key characteristics of a road and how roads are distinguished from other rights in land such as public rights of way, servitudes and access rights. It considers the circumstances in which roads can be created, the extent of roads (both horizontal and vertical) as well as consenting requirements for the construction of roads and private accesses.This practical guide explains the various mechanisms for regulation of roads including road maintenance, installation of apparatus and control of works in a road. Road traffic regulation orders are considered in detail, as are other emerging forms of road regulation such as low emission zones and workplace parking licensing schemes. The powers and procedures for various forms of stopping up order are also explored.The importance of transport and planning policy are explained, including the implications of the national planning framework now being part of the development plan. Consideration is also given to how roads issues are addressed within the development management system, including recent case law on use of planning obligations and planning conditions, as well as the possible future implications of the proposed infrastructure levy and masterplan consent areas.ABOUT THE AUTHORMichael Greig is a Legal Director at DLA Piper with over twenty five years' experience in planning and roads law, including extensive in-house local authority experience. Michael has advised on major transport schemes in both Scotland and England, including the Queensferry Crossing and various orders for the upgrading of the A1. He has advised on the review of road traffic regulation orders for civil bus lane camera enforcement as well as providing day to day advice on the relationship between roads law and development. Michael is a long-standing member of the Law Society of Scotland's planning law reform committee and speaks frequently at training seminars on planning and roads law matters.CONTENTSChapter One - IntroductionChapter Two - Types of Way - Roads, Accesses and Access RightsChapter Three - Formation of a RoadChapter Four - Extent of a RoadChapter Five - Road ConstructionChapter Six - Adoption of Roads and Transfer of Maintenance ResponsibilityChapter Seven - Maintenance of RoadsChapter Eight - Management of Roads and Land Adjacent to RoadsChapter Nine - Road Works - Installation and Maintenance of ApparatusChapter Ten - Control of Works in a RoadChapter Eleven - Road Traffic RegulationChapter Twelve - Stopping Up OrdersChapter Thirteen - Roads and Planning

International parental child abduction is the wrongful removal or retention of a child across national borders, without the consent of those with parental responsibility or court permission. It is generally contrary to the welfare of a child to be uprooted in such a manner, and thus it is in the interest of that child to be returned to the country of his or her habitual residence so that issues relating to custody or access can be resolved there.A Practical Guide to International Parental Child Abduction Law (England and Wales) provides a grounding on the law and practice in return proceedings, encompassing interactions between Hague Contracting States (including member States of the European Union) and non-Convention jurisdictions. Notwithstanding the UK's exit from the EU and the end of an era for EU instruments such as the Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (now repealed by the 2019 Regulation), in this jurisdiction, the UK remains a part of an international framework of treaty obligations independent of EU Laws.Pursuant to the Child Abduction and Custody Act 1985, the 1980 Hague Convention on the Civil Aspects of International Child Abduction is the legal framework for addressing 'Convention' parental child abduction cases, and along with a number of domestic laws, the aim is to protect children from the harmful effects of child abduction across frontiers. It is hoped that the book will guide readers through key topics such as jurisdiction, procedure, applicable law, and enforcement, looking at these through the distinguishing lens of Convention versus non-Convention cases. The book will also explore salient issues around the voice of the child, objections to return, protective measures, other remedies available under the 1980 Hague convention, and mediation.ABOUT THE AUTHORDr Onyója Momoh is a recognised expert in the field of international family law, specialising in cross-border children proceedings. She was called to the Bar in 2010 (Gray's Inn) and is consistently ranked as a leading barrister in the Legal 500 UK for children law since 2017. Onyója undertook her LLM, Ph.D., and post-doctoral research (EU-funded POAM project) all in the area of international parental child abduction and the protection of children across international frontiers. Alongside practice, she teaches private international law (family law) at the University of Aberdeen and has published book chapters, peer-reviewed journal articles, prepared country and expert reports, as well as delivered training and lectures around the world.In recent years, Onyója has engaged in high level advisory and advocacy activities within Government ministries (with a particular interest in Nigeria, and sub-Saharan Africa), the judiciary, and charities abroad, as well as an invited expert presenting at forums such as the Hague Conference on Private International Law, the European Commission and the UK House of Lords Justice and Home Affairs Committee.CONTENTSChapter One - IntroductionChapter Two - Child Abductions to and from England and WalesChapter Three - The Operation of the 1980 Hague ConventionChapter Four - Preliminary Points under Article 3Chapter Five - Pleading an Exception to ReturnChapter Six - The Inherent Jurisdiction of the High CourtChapter Seven - Alternative Dispute ResolutionChapter Eight - Trans-frontier ContactChapter Nine - Some Current IssuesChapter Ten - Concluding Remarks

Disputes over commercial service charges are increasing in number each year. The inherent conflict of interest between landlords and tenants has led it to be a heavily litigated area with recent cases being of concern for both parties.This book aims to provide an introduction to commercial service charge with an overview of the matters that need to be considered when dealing with service charge disputes. It provides insight into the application of the Service Charge Code as well as reviewing what should be included within a service charge clause both to ensure recovery of sums due and avoid disputes. It seeks to serve as a useful initial reference guide for surveyors and solicitors alike and encompasses an overview of relevant case law to assist both with drafting service charge clauses and in dealing with disputes.ABOUT THE AUTHORRachel Garton is a consultant solicitor for Nexa Law, specialising in property dispute resolution.Her work comprises of all areas of commercial and residential property litigation and landlord and tenant matters, including: tenants right to first refusal, residential leasehold enfranchisement, service charges, lease renewal litigation, commercial and residential possession proceedings and debt recovery.She has a niche specialism in service charge disputes and has dealt with numerous service charge disputes from commercial and residential clients over the last 15 years as well as delivering a number of seminars on this topic for MBL Seminars.CONTENTSPart One - General Principles Applicable to Service ChargesChapter One - the Construction of the Service Charge ClauseChapter Two - Sinking or Reserve FundsChapter Three - the Court's Interpretation of a Service Charge ClauseChapter Four - Complying With the Mechanics of a Service Charge ClauseChapter Five - Factors Applicable to Both Commercial and Residential Property in Considering if Service Charges Are PayablePart Two - Principles Applicable to Commercial Service ChargesChapter Six - Factors to Consider in Determining Whether Commercial Service Charges Claimed Are Payable Under the LeaseChapter Seven - the Impact of the Service Charge Code: Professional StatementPart Three - Miscellaneous Points to ConsiderChapter Eight - Tax and IndexationChapter Nine - Mixed Use PremisesChapter Ten - Variations to the Lease Terms and Changes in Identity of the PartiesPart Four - Disputes and RemediesChapter Eleven - Alternative Dispute ResolutionChapter Twelve - Application for a DeclarationChapter Thirteen - Tenant's Remedies for Non-Performance of the Landlord's ObligationsChapter Fourteen - Landlord's Remedies for Non-Payment of Service ChargesChapter Fifteen - Legal CostsChapter Sixteen - Summary

The Mental Health Act 1983 is an Act that saves lives. But in order to do that, it gives the state powers to take control of people in a way that most of us would think should be reserved for those who commit the most serious of crimes. The deprivation of a person's liberty and freedom is the most arbitrary course of action a state can take. Individuals suffering from mental disorders have no control over their diagnosis, or the symptoms that flow from it. It is these symptoms than can place them, and others, at risk from harm, and it is at that point that the provisions of the Mental Health Act 1983 step in. The Mental Health Tribunal is the independent judicial body set up to act as a check and balance on the use of those powers. It is vital to ensuring that the rights of individuals under the European Convention on Human Rights are adhered to.Practitioners who represent patients during the Mental Health Tribunal process need to have a rigorous understanding of the legal framework underpinning the 'sectioning' process, as well as a thorough knowledge of the rules and procedures that govern the way in which detention under the Act can be challenged. They also need to possess and hone the very particular skills required when it comes to representing a person at their most vulnerable.This book aims to provide those who practise in the rewarding area of representing patients at Mental Health Tribunal hearings with an accessible and practical overview of what to expect both in the lead up to and during the hearing itself. Due to the very private nature of Mental Health Tribunal hearings, many representatives go into their first hearing without having had any specific training, and often without ever having even sat in on one at all. They have no idea what to expect, which, for a conscientious legal practitioner, can be extraordinarily stressful. This practical guide aims to alleviate at least some of that stress and provide the practitioner with the tools needed to gain the vital trust of the patient for whom the tribunal hearing will be seen as a pivotal moment on their mental health journey.ABOUT THE AUTHORCharlotte Davies has years of experience both representing patients at Mental Health Tribunal hearings, and then sitting as a judge on the tribunal panel. She was called to the bar in 2007, having read law at Bristol University followed by an LLM at King's College London, with a focus on mental health law. After practising in London for three years, Charlotte moved to Cornwall with her young family and joined KBG Chambers, where she has a broad civil and general common law practice. In 2020, Charlotte was appointed as a Fee Paid First-Tier Tribunal Judge, sitting in the Health, Education and Social Care Chamber, and deployed to the Mental Health Tribunal. She is also a Deputy District Judge on the Western Circuit.CONTENTSChapter One - What Is the Mental Health Tribunal?Chapter Two - The Mental Health Tribunal's PowersChapter Three - Sectioning Under the Mental Health Act 1983Chapter Four - When Does a Mental Health Tribunal Hearing Happen?Chapter Five - Making an ApplicationChapter Six - The Written EvidenceChapter Seven - The Application of the Statutory Criteria by the Mental Health Tribunal PanelChapter Eight - The Hearing: Part I - Online or Attended?Chapter Nine - The Hearing: Part II - Who Attends?Chapter Ten - The Hearing: Part III - the Panel & Preliminary IssuesChapter Eleven - The Hearing: Part IV - Oral Evidence, Submissions & the DecisionChapter Twelve - The Mental Health Bill 2022

For a number of years, consecutive Secretaries of State for the Home Department have increasingly used their powers to deprive individuals of their British citizenship. The use of those powers was recently brought to the public's attention through the widespread publicity of the case of Shamima Begum and the political debate arising out of section 10 of the Nationality and Borders Act 2022, which provides the power to deprive without notice.With the continued growth of decisions to deprive individuals of their British citizenship, the acquisition of British citizenship is no longer the conclusive end to people's immigration journey that it once was. The need to successfully challenge decisions is therefore becoming increasingly commonplace for practitioners. This book examines the evolving area of deprivation of British citizenship, exploring the ways and process by which an individual could lose their British citizenship, as well as the consequences for them, and potentially their family. It also covers the available options and approaches to challenging decisions in light of a number of recent and important judgements.ABOUT THE AUTHORSean Ell is an experienced barrister specialising in immigration, asylum and nationality law. Prior to practising at the Bar of England and Wales, he was accredited by the Law Society as an immigration and asylum specialist from 2005 and as a supervisor from 2006. He took on a supervisory role at a national charity providing immigration advice, before moving on to work as the immigration supervisor at a Law Centre and then at a regional firm of solicitors.Sean is ranked as a Leading Junior in immigration law in the Legal 500 (Tier 2 - 2023 edition). He was appointed by the Medical Practitioners Tribunal as a Tribunal member in 2011, as a Tribunal Chair in 2015 and as a Legally Qualified Chair in 2019.CONTENTSChapter 1 - Deprivation of CitizenshipChapter 2 - British Nationality Law OverviewChapter 3 - Deprivation Law and GuidanceChapter 4 - Section 40(2) - 'Conducive to the Public Good'Chapter 5 - Section 40(3) - Fraud, False Representation & ConcealmentChapter 6 - ProcedureChapter 7 - Right of AppealChapter 8 - SIACChapter 9 - First-Tier TribunalChapter 10 - Begum, National Security and Appeals Against s.40(2) DecisionsChapter 11 - First-Tier Tribunal (IAC) / Section 40(3) Appeals Post BegumChapter 12 - Condition Precedent / DiscretionChapter 13 - ECHRChapter 14 - ConsequencesChapter 15 - NullityChapter 16 - Loss of Other Types of British Nationality, Right of Abode & Passports

Family law is an immensely wide-ranging subject where no individual area has escaped some kind of statutory or procedural change over recent years. This handbook is aimed at the family law trainee and paralegal, but is a reference book for all family law practitioners. It is intensely practical and gives advice to all who work in the field of family law.This book begins with the law firm: where the practitioner works, who works there and what they do. It then moves on to the most important people, the client, and how that professional relationship develops over time. The book explores how best to help the client both outside and inside the court room incorporating a full range of orders and procedures.ABOUT THE AUTHORStuart Barlow is in the family team at Bhatia Best Solicitors. He has specialised in Family Law for over 40 years. His focus is now on representing Parents and other parties in Children Cases. He is a member of the Law Society Children Panel and Accredited Specialist with Resolution in Private Children and Cohabitation Law. He is the former Chief Assessor of the Law Society Family Law Panel and adjudicator for the Legal Aid Agency. He is a regular presenter of training courses for family lawyers throughout England and Wales and the author of several family law books.CONTENTSPART A - Firms, Files & ClientsChapter 1 - The Structure of Law FirmsChapter 2 - Internal Workings of a Law FirmChapter 3 - Roles in a Law FirmChapter 4 - Information Ahead of the First MeetingChapter 5 - The First Meeting With the ClientChapter 6 - Follow Up Work After the First MeetingChapter 7 - Vulnerable Clients - Matters to Look Out ForChapter 8 - Managing Clients' ExpectationsChapter 9 - Management of a Family Law FileChapter 10 - Funding a Family Law CaseChapter 11 - Closing a Family Law FilePART B - OrdersChapter 12 - Family Court OrdersChapter 13 - Divorce ProceedingsChapter 14 - Financial ApplicationsChapter 15 - Private Children ApplicationsChapter 16 - Public Law Children ApplicationsChapter 17 - Domestic Abuse InjunctionsChapter 18 - Other Family ProceedingsPART C - CourtChapter 19 - Arriving at CourtChapter 20 - Inside the Court RoomChapter 21 - Different TribunalsChapter 22 - Types of HearingsChapter 23 - Evidence on OathChapter 24 - Remote Court HearingsPART D - ProceduresChapter 25 - Alternatives to Court ProceedingsChapter 26 - Drafting Applications and StatementsChapter 27 - Preparing Court BundlesChapter 28 - Instructing CounselChapter 29 - Finding of Fact HearingsChapter 30 - Cafcass and Local Authority ReportsChapter 31 - Litigants in Person & McKenzie FriendsChapter 32 - Instructing ExpertsChapter 33 - Drafting Court OrdersChapter 34 - AppealsChapter 35 - Enforcement of Court OrdersChapter 36 - Thirty-Three Common Questions Asked by Clients in Family Cases

The control of nuisance and anti-social behaviour has continued to be a focus of government interest over the last few decades. English law has taken large steps forward in ASB control compared with many other jurisdictions. With good planning and preparation, many types of behaviour can now be reduced or prevented. The most recent statutory support for victims comes from the Anti-social Behaviour, Crime and Policing Act 2014 ("the 2014 Act") and this book is about getting injunctions under that Act ("ASBIs"). Since the Act came into force ASBIs have continued to offer a useful tool in the management of disagreeable conduct in society. The government is about to introduce a Pre-Action Protocol which applicants must follow. It may complicate some claims, and care will be needed to comply with its provisions.This guide provides legal practitioners, social landlords, the police, tenants and their advisors with a practical guide to the current law governing the control of anti-social behaviour in England and Wales using Injunctions made under the 2014 Act. In a comprehensive, yet accessible format it aims to help the reader navigate some of the common challenges associated with the control of nuisance by the use of 'ASBIs', both in publicly and privately-owned housing and elsewhere.ABOUT THE AUTHORIain Wightwick is a barrister at Unity Street Chambers in Bristol. He is a specialist property lawyer, with particular interest in landlord and tenant, especially social housing with a focus on neighbour nuisance and related anti-social behaviour matters ('neighbours from hell'), housing disrepair, homelessness, and general social and private sector housing law. As part of his caseload, he is often instructed to pursue claims for ASBIs and for ASB-related possession and is occasionally briefed on behalf of defendants. Much of his work includes consideration of issues relating to disabilities and to the Equality Act. He has thirty years' experience of acting for social landlords and tenants and a reputation for creative, cost-controlling approaches to litigation and to alternative dispute resolution.CONTENTSIntroduction - Why Statutory Help Is Necessary to Control Antisocial BehaviourChapter One - 'Passing Go' - The Basics (Including Gas Injunctions) and the New ProtocolChapter Two - Satisfying the Threshold TestsChapter Three - Is It 'Just and Convenient'?Chapter Four - Gathering EvidenceChapter Five - Applications for InjunctionsChapter Six - Prohibitions and RequirementsChapter Seven - Interim InjunctionsChapter Eight - Interim HearingsChapter Nine - Applications Without NoticeChapter Ten - The Final HearingChapter Eleven - Breaches - Arrest Without Warrant and Contempt ApplicationsChapter Twelve - Issue of Arrest WarrantsChapter Thirteen - Preparation for Committals, First Hearings and RemandsChapter Fourteen - Committal Hearings and SentencingChapter Fifteen - Variation and DischargeChapter Sixteen - Other RemediesPrecedents

The right to compensation for injuries caused by another's fault has been protected for over 3,700 years since The Code of Hammurabi. The expanded 3rd Edition of 'A Practical Approach to Clinical Negligence' provides clear guidance for practitioners from funding through to trial and settlement using over 400 cases supported by legislative and other reference materials. New topics include Keefe Benevolence, Notices to Admit Facts, judgement embargoes and service by NFTs as well as updated material on the topics covered in the previous editions.Geoff Simpson-Scott uses his 20 years' experience as a specialist clinical negligence solicitor to help practitioners strike a fair balance between protecting the interests of justice; patient safety; and full compensation at proportionate cost. This 3rd Edition contains a Foreword by Joel Donovan, KC (Cloisters) and an Afterword by Paul Whiteing (AvMA). Geoff is a Partner at Hodge Jones & Allen and will donate his royalties from this edition to the Millie Mittoo Children's Project.TESTIMONIALS'A Practical Approach to Clinical Negligence Post-Jackson' "is richly informed by Geoff's professional insights and his enthusiasm for good practice"- Joel Donovan, QC.CONTENTSChapter 1: Costs & FundingChapter 2: Core Legal PrinciplesChapter 3: Pre-Action PreparationChapter 4: Issue & Service of ProceedingsChapter 5: Case ManagementChapter 6: Factual EvidenceChapter 7: Expert EvidenceChapter 8: Trial & Settlement

This book provides a practical, user-friendly guide to help navigate the various intricacies and potential pitfalls involved in amending statements of case or changing the composition of the parties. There are few factors in civil litigation of more fundamental importance than who is bringing it, who is defending it, and how they frame their respective cases. Whether due to inadvertence, a miscalculation of strategy, or simply because of the evolving landscape of the proceedings, it is commonplace for the parties to wish to alter these factors during the course of a case and to make an adjustment to their course. 'A Practical Guide to Adding or Amending Parties or Causes of Action to a Claim in Civil Proceedings' sets out the procedural requirements and possible difficulties in doing so, as well as providing pragmatic tactical advice for those acting for and against the party in such a position. The book addresses issues such as late applications to amend, multi-party litigation, discontinuance, and the impact of limitation periods.ABOUT THE AUTHORRyan Hocking was called to the Bar in 2014 and practises from Gatehouse Chambers. He has a busy commercial practice, complemented by his specialist insolvency and company law work. Ryan regularly deals with litigation involving civil fraud, tracing and following claims, commodities sales, agency, partnership, and shareholder disputes, and cross-border elements. Ryan is also experienced in offshore work, having been called to the Bar in the British Virgin Islands and advised in relation to proceedings in a number of jurisdictions including the Cayman Islands, Antigua, and the Bahamas.CONTENTSChapter One - IntroductionChapter Two - Adding a PartyChapter Three - Substituting PartiesChapter Four - Additional ClaimsChapter Five - Amending ClaimsChapter Six - Removing Parties and ClaimsChapter Seven - LimitationChapter Eight - Costs

This book focusses on the main grounds and key issues that most frequently arise in possession claims brought by the providers of social housing against their occupiers who enjoy varying degrees of security, ranging from licencees, to probationary and introductory tenants, to fully assured and secure tenants. It covers all stages of proceedings starting with pre-action conduct, such as compliance with the relevant pre-action protocol, notice requirements and review procedures, through to enforcement, emphasising requirements that are unique to social housing providers.It addresses the necessary requirements of possession claims, common defences and counterclaims raised in response.ABOUT THE AUTHORPatricia Tueje is a barrister at One Pump Court. She has practised housing law for over 20 years, and prior to becoming a barrister, worked in the statutory and voluntary housing sectors. She is particularly noted for her expertise in homelessness and landlord and tenant in Chambers & Partners UK. She specialises in all aspects of housing, property and related public law, including homelessness, landlord and tenant and leasehold disputes.Patricia is co-chair of the Housing Law Practitioners' Association, and a member of the Bar Council's Race Training Delivery Panel.CONTENTSChapter One - BackgroundChapter Two - Occupiers' StatusChapter Three - Initiating PossessionChapter Four - Possession ProceedingsChapter Five - SuccessionChapter Six - Termination by the Tenant