Your search for ‘Mortlake Law & Mediation’ returned 65 results

The Court of Appeal affirmed the distinction between Section 20 of the Children Act 1989 and Section 175 of the Housing Act 1996. It clarified that fulfilling homelessness criteria under Section 175 does not automatically require accommodation under Section 20. The judgment highlights the distinct legal purposes of these provisions and reinforces the local authority's discretion in accommodation decisions.

The Court removed the executor due to his failure to address a serious conflict of interest arising between his personal interests and his role as executor for a period of over ten years and also for the potentially...

The High Court took the opportunity given by this case to issue a stark warning to parents considering unlawful surrogacy abroad.

The children, aged 11 and 9, were placed under a care order by DJ Solomon in the Family Court on 9 June 2023 under Section 31 of the Children Act (CA) 1989. The parents are not married and do not live together.

The High Court allowed a widower to inherit his late wife's estate despite accompanying her to a euthanasia clinic, citing compassion, lack of moral culpability, and informed consent. The judgment clarified "assisting suicide" under related legal precedents.

This Supreme Court judgement might be one of the most anticipated for those interested in contentious probate.

The High Court ruled that private care providers are not public authorities under Section 6 of the Human Rights Act 1998 unless publicly funded. It reaffirmed the difficulty of invoking HRA claims against private entities, emphasizing the high bar for Article 2 applicability in negligence cases.

The First-tier Tax Tribunal was asked to consider the application of the intermediaries' legislation (IR35) called off-payroll working to payments made by Manchester United Football Club (MUFC) to Bryan Robson Ltd.

The Upper Tribunal (UT) was asked whether a contribution to an employee benefit trust (EBT) made by a company constitutes ‘taxable earnings'.

The High Court was faced with a peculiar set of facts in which the biological father, who is also one of the applicants, was known but the biological mother was not.

The High Court, embroiled in longstanding litigation, had to determine whether equitable compensation for the breaches was owed and, if so, the quantum due.

The family courts have dealt with various abduction cases over the years and some have had similar factual circumstances. In at least two cases English courts were faced with the children...

The High Court was faced with a complex case in which a drafting error would have created problems and resulted in partial intestacy.

The High Court upheld a Family Court order allowing a mother to relocate with her child, emphasizing welfare, balanced parental rights, and proportionality under Article 8 ECHR in relocation cases.

The High Court clarified the scope of "intolerable situation" under Article 13(b) of the 1980 Hague Convention, ruling that the children's return to the U.S. posed no grave risk. It emphasized that Article 13(b) assesses potential risk, not welfare, and addressed the interplay between abduction and asylum proceedings.

The Court of Appeal (CoA) had to determine the habitual residence of a newborn child to determine which council was responsible for the care of a baby born prematurely.

The Court of Appeal (CoA) clarified that adoption orders may generally only be set aside on appeal and that the High Court does not have the inherent power to revoke an adoption order.

The Court of Appeal (CoA) heard a case regarding whether the sale of some trust assets was the result of the improper exercise of a fiduciary power.