Special educational provision. Where it is necessary for a local education authority to make and maintain a statement of a child’s special educational needs, its obligation under section 324(3)(b) of the Education Act 1996 to specify the special educational provision to be made for the purpose of meeting those needs shall be satisfied where it specifies the provision that is “reasonably required” to meet those needs. It is pre-eminently a matter for the expert judgment of the Special Educationa ...
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In care proceedings the father sought an order preventing disclosure of the child’s existence to his family the application would be dismissed the court holding it would be contrary to the child’s rights to deprive her of the opportunity that the paternal family could look after her.
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For the purposes of s10 Criminal Damage Act 1971, badgers did not constitute property. Nor were badgers property at common law. Therefore a person who destroyed badger traps could not rely upon s.5 of the Act, or the common law defence of protection of property.
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The court declined to make a final ruling on whether certain lead cases would be selected for trial from those of 45 claimants, although it favoured that route, and directed that a further case management conference should be held when the claimants had clarified issues in respect of after the event insurance and their attitude to the lead case approach.
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The CA re-stated that there is no jurisdiction for a court to impose conditions on a s.91(14) order.
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In allowing the appeal of a mother with learning difficulties against the refusal of a residence order the court held that the justices had failed to address the true issue, namely whether there were cogent reasons existing which dictated that the child could not live with the mother.
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S.4 OAPA 1861 applies to the situation where a person incites a foreign national in England or Wales to commit murder outside the jurisdiction.
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Held that in contact proceedings, where the father had undergone gender re-assignment surgery, the judge had been wrong to refuse to join the children as parties and appoint the National Youth Advisory Service (NYAS) as the guardian, in order to secure NYAS’s involvement to advise the mother on how to impart the truth about the father to the children.
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The court allowed in part the appeal of a father against an order under schedule 1 CA 1989 and reduced the lump sum element from £100,000 to £50,000 to take into account the responsibility of the father of mother’s elder child. It was held that Paragraph 10(3)(b) of Sch 1 empowered the court to alter an agreement provided it was satisfied that it did not contain proper financial arrangements with respect to the child.
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Birth Injuries – Lump sum & RPI-linked periodical payments. The claimant, a 12-year-old girl, received a lump sum payment of £1,850,000 plus periodical payments linked to the Retail Price Index for the brain injuries sustained during her birth in November 1994. The claimant suffered from dystonic athetoid cerebral palsy.
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