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CHAPTER TWO – CLAIMS IN NEGLIGENCE AND PSYCHIATRIC INJURY All claims in the Civil Courts which deal with the cause of psychiatric injury are at their core, stories of the factual aetiology of a Claimant’s injury. Whilst the facts underpinning each and every claim are unique, what makes a claim for [...] -
CHAPTER ONE – THRESHOLD Section 31 Children Act 1989 A court may only make a care or supervision order if it is satisfied: (a) that the child concerned is suffering, or is likely to suffer, significant harm; and (b) that the harm, or likelihood of harm, is attributable to: (i) the care given to [...] -
CHAPTER ONE – PUBLIC PARKING Introduction Different legal regimes may apply to car parking, depending upon whether it takes place on-street or off street. Where the parking is on-street, the rules differ as to whether the road in question is a highway or road (as defined in legislation) or not, and, [...] -
CHAPTER ELEVEN – REMOTE COURT HEARINGS IN FAMILY PROCEEDINGS Remote hearings A remote hearing is one which is held without the people involved attending court in person. Instead they join the hearing by telephone or by video link using their phone or another device such as laptop or tablet. Sometimes the [...] -
CHAPTER TWO – CREDIT HIRE RATE OR BASIC HIRE RATE? It is perhaps helpful to start by stating the general rule again. In Dimond v Lovell,[1] after emerging from the thicket of consumer credit issues to address the issue of rates, Lord Hoffmann (with whom Lord Browne-Wilkinson agreed) stated that:- “in [...] -
CHAPTER ONE – INTRODUCTION The monetisation of rights, or indeed the quantification of when a right has been breached, can feel an uncomfortable exercise to some. To others, damages as just satisfaction for the breach of a right/s is a natural consequence; compensation as vindication is common in the English [...] -
CHAPTER ONE – THE ELEMENTS OF A NUISANCE CLAIM To establish a claim in nuisance, a claimant must show that the defendant owed them a duty of care, was in breach of that duty and the breach of duty caused the claimant loss. Before getting onto those points, however, the claimant [...] -
CHAPTER TWO – PAROLE BOARD RULES AND PUBLISHED GUIDANCE There are now a total of 31 rules the Parole Board are governed by. The Board publishes guidance to members as to how it interprets these rules. Its guidance is wide ranging. Reference will be made to the most relevant guidance within [...] -
CHAPTER ONE – AN INTRODUCTION TO PROBATION BREACHES AND OTHER APPLICATIONS Introduction Welcome to A Practical Guide to Probation Breaches and other Applications. This book is designed to provide a practical and pragmatic manual to guide readers through the often-complex provisions relating to court orders in the community, the involvement of [...] -
CHAPTER ONE – WHAT IS THE THING TO BE VALUED? Before a property (or indeed anything else) can be valued, it is first necessary to define with sufficient precision the thing which is to be valued, and the circumstances in which it is to be valued: there is no such thing [...]