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England and Wales Case Law

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Criminal law [2022] EWHC 2599 (Admin)

Malik v Governor of HM Prison Hindley

Malik v Governor of HM Prison Hindley [2022] EWHC 2599 (Admin) (14 October 2022)

The court adjourned a bail application in habeas corpus proceedings and ordered further submissions on whether a disbarred former barrister could have rights of audience.

  • Habeas corpus
  • Bail
  • Rights of audience
  • Legal representation
  • Mckenzie friends
  • Extradition
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Professional negligence

Wright v Troy Lucas (a firm) & Anor

The High Court held that unregulated legal-service providers owed and breached duties of care to a client in a clinical negligence claim, causing a lost chance.

  • Duty of care
  • Loss of chance
  • Limitation periods
  • Mckenzie friends
  • Clinical negligence
  • Breach of contract
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Family law

J (DV Facts)

The Court of Appeal held that a timely fact-finding hearing should have been held in a children contact dispute involving domestic abuse allegations, but affirmed the original order because it was now too late to reopen the case.

  • Contact orders
  • Fact-finding hearings
  • Domestic violence
  • Mckenzie friends
  • Non-molestation orders
  • Case management
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Family law [2018] EWCA Civ 115

J (DV Facts)

J (DV Facts) [2018] EWCA Civ 115 (06 February 2018)

The Court of Appeal found serious case-management errors in a children case, including delay over fact-finding and a without-notice injunction, but left the final welfare outcome unchanged.

  • Child arrangements
  • Contact orders
  • Domestic abuse
  • Non-molestation orders
  • Rights of audience
  • Mckenzie friends
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Family law [2017] EWFC B62

LFL v LSL (McKenzie Friends : breach of court orders)

LFL v LSL (McKenzie Friends : breach of court orders) [2017] EWFC B62 (18 August 2017)

Financial remedies hearing where the court dealt with non-disclosure, breach of orders, disputed settlement terms, pension sharing, and a costs order.

  • Financial remedies
  • Ancillary relief
  • Non-disclosure
  • Costs orders
  • Pension sharing
  • Division of matrimonial assets
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Family law [2017] EWFC B31

H (Children : exclusion of Mackenzie friend) (Rev 1)

H (Children : exclusion of Mackenzie friend) (Rev 1) [2017] EWFC B31 (05 March 2017)

Family court appeal over excluding a professional McKenzie Friend, a transfer request, and a recital correction. Appeal succeeded only on the recital point.

  • Mckenzie friends
  • Litigants in person
  • Case management
  • Appeals
  • Children act proceedings
  • Mckenzie-friends
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Legal profession regulation [2017] EWHC 164 (Admin)

Ballard v Solicitors' Regulation Authority (Rev 1)

Ballard v Solicitors' Regulation Authority (Rev 1) [2017] EWHC 164 (Admin) (09 February 2017)

The High Court dismissed Terrence Ballard’s appeal against Solicitors Disciplinary Tribunal findings, but allowed the SRA’s cross-appeal and increased the fine to £6,000.

  • Solicitors' disciplinary proceedings
  • Practising certificate conditions
  • Legal ombudsman jurisdiction
  • Mckenzie friends
  • Professional misconduct
  • Sanctions for solicitors
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Family law

Baggaley, Re

The High Court set aside a civil restraint order against Nigel Baggaley but extended indefinitely the order restraining him from acting as a McKenzie friend.

  • Mckenzie friends
  • Civil restraint orders
  • Inherent jurisdiction
  • Court conduct
  • Mckenzie-friends
  • Civil-restraint-orders
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Family law [2015] EWHC 1496 (Fam)

Baggaley, Re

Baggaley, Re [2015] EWHC 1496 (Fam) (22 May 2015)

The High Court set aside an improperly framed civil restraint order against Nigel Baggaley, but extended indefinitely an order restraining him from acting as a McKenzie friend.

  • Mckenzie friends
  • Civil restraint orders
  • Inherent jurisdiction
  • Courtroom conduct
  • Mckenzie-friends
  • Civil-restraint-orders
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Mental capacity

LBX v TT & Ors

The Court of Protection found TT lacked capacity in key areas, made interim best-interests orders, limited fact-finding on contact and harm, and authorised deprivation of liberty.

  • Capacity to litigate
  • Best interests
  • Contact orders
  • Deprivation of liberty
  • Disclosure to cps
  • Fact-finding hearings
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.