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26 September 2011

Protecting vulnerable adults: a critical review of recent case law [2009] CFLQ 498
This commentary examines some of the recent case law on the removal of vulnerable adults from their homes. It highlights the uncertainty over the extent of the inherent jurisdiction in relation to...
Jonathan Herring
Articles filled_circle 26 September 2011
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26 September 2011

From same-sex couples to same-sex families? Current French legal issues [2009] CFLQ 485
Current French law provisions enabling homosexual people to organise their family life can be divided into two sets of situations. The first considers the position of same-sex couples as such; the...
Laurence Francoz-Terminal
Articles filled_circle 26 September 2011
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26 September 2011

Child adoption: the challenges presented by the plural legal systems of South Pacific island states [2009] CFLQ 462
The welfare, or best interests, of the child has become a central tenet in international and national laws concerning adoption. Debates about what this means, or how this should be assessed, rarely...
Sue Farran
Articles filled_circle 26 September 2011
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26 September 2011

Balancing 'time to work' and 'time to care': policy issues and the implications for mothers, fathers and children [2009] CFLQ 443
The substantive part of this paper charts the way in which ‘time to care' and ‘time to work' are balanced and the patterns of provision that exist in Western European countries and the UK in...
Jane Lewis
Articles filled_circle 26 September 2011
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26 September 2011

Wives, widows and wicked step-mothers: a brief examination of spousal entitlement on intestacy [2009] CFLQ 423
This paper examines the provision made for the surviving spouse of an intestate. It traces the development of the current law, and looks back to the Law Commission's proposal in 1989 that the...
Elizabeth Cooke
Articles filled_circle 26 September 2011
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26 September 2011

A common intention or a rare bird? Proprietary interests, personal claims and services rendered by lovers post-acquisition: James v Thomas; Morris v Morris [2009] CFLQ 104
Over a year ago the House of Lords gave its landmark decision in Stack v Dowden where it was held that the common intention constructive trust was the most appropriate tool of analysis in cases...
Nick Piska
Articles filled_circle 26 September 2011
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26 September 2011

Re C (A Child) (Adoption: Duty of Local Authority) – Welfare and the rights of the birth family in 'fast track' adoption cases [2009] CFLQ 87
In Re C (A Child) (Adoption: Duty of Local Authority), the Court of Appeal had an opportunity to explore the relationship between parental interests and the paramountcy of child welfare in adoption...
Brian Sloan
Articles filled_circle 26 September 2011
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26 September 2011

Children giving evidence through special measures in the criminal courts: progress and problems [2009] CFLQ 65
This article is drawn from a programme of ethnographic observation and interview-based research carried out at magistrates' and Crown Court trials in the north of England. The goal of the paper is to...
Matthew Hall
Articles filled_circle 26 September 2011
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26 September 2011

The experience of relationship breakdown and civil law problems by people in different forms of relationship [2009] CFLQ 47
The present study, using data from the English and Welsh Civil and Social Justice Survey, compares the characteristics of spouses and cohabitants, and aims to examine how relationship type...
Joanna Miles Pascoe Pleasence Nigel Balmer
Articles filled_circle 26 September 2011
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26 September 2011

The caustic dichotomy – political vision and resourcing in the care system [2009] CFLQ 30
Since 1997 the Government has championed a raft of primary and secondary legislation designed to ensure that the care system better safeguards and promotes the welfare of the country's most vulnerable...
Alistair MacDonald QC
Articles filled_circle 26 September 2011
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