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06 August 2009
Issue: 7381 / Categories: Case law , Law digest
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Family law

Re A (children) (care proceedings: threshold criteria) [2009] EWCA Civ 853, [2009] All ER (D) 354 (Jul)

The threshold of “significant harm”, in the context of making of care orders pursuant to s 31 of the Children Act 1989, was not comparatively low. In a case where there was a likelihood of a child suffering harm it was necessary to establish that there was a real possibility that he would suffer significant harm.

While having to show no more than a real possibility of harm made the threshold a low one, it still had to be a real possibility of significant harm. The harm had to be significant whether dealing with harm which had been suffered, or when dealing only with the likelihood of it being suffered. Therefore, the word “significant” had to be given its proper meaning in the scheme of the Act.

Issue: 7381 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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