Archive for month: January, 2014

The Court of Protection and family Courts are criticised for their ‘lack of transparency’ and ‘secrecy’.  Following return from the Christmas break practitioners may have noticed that judges in the county court and above have been delivering their judgment in public. Read more →

Liverpool CC v John O’Boy, MIDAS Property Management Ltd and Peter Anthony Doherty, 17 December 2013

The first defendant (Mr O’ Boy) was the private owner and landlord of a property comprising 5 flats. He had instructed the second defendant (MIDAS) to act as property agent on his behalf. Following complaints from the tenants, the property was inspected by the local authority, who found the conditions to be “appalling and dangerous”. As a result, the council brought prosecutions against both the owner and the management agent for multiple breaches of the Management of Houses in Multiple Occupation Regulations (2006). Issues with the condition of the property included: Read more →

Having all been frustrated with the delays, expenses and general injustice caused by parties who fail to properly engage with proceedings, and exasperated by the apparent latitude afforded to parties who fail to comply with disclosure requirements, many will have reacted positively to the strongly worded criticism of the Local Authority by Sir James Munby in the recent children cases of  Re W (A Child); Re H (Children) [2013] EWCA Civ 1177 , in which he said “The court is entitled to expect – and from now on family courts will demand – strict compliance with all such orders. Non-compliance with orders should be expected to have and will usually have a consequence. Read more →