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Family Law

Bereaved cohabitees not entitled to spousal bereavement benefits even if they had children

2017

An Application by Siobhan McLaughlin for Judicial Review [2016] NICA 53

In our March 2016 update, we reported that the High Court had found that the denial of bereavement benefits to a mother on the ground she was not married to her partner at his date of death, and where children were impacted, was unlawful.  The DSD appealed this decision and the Court of Appeal allowed the appeal.

Tags
Family Law, Social Security
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Father should be allowed to apply for parental responsibility after surrogacy

2016

In the matter of Z (A Child) (No 2) [2016] EWHC 1191 (Fam)

The Court of Protection granted an order for a declaration of incompatibility of a section of the Human Fertilisation and Embryology Act with the Convention. 

Tags
Discrimination, ECHR Art. 8, Family Law
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Denial of right to legal representation does not violate Article 5

2016

Hammerton v. the United Kingdom, Application no. 6287/10

The European Court of Human Rights (ECtHR), by a majority of 4 to 3, has held that detaining an individual following his breach of a contact order, where he had no legal representation did not violate his right to liberty and security of person.

Tags
Criminal Law, ECHR Art. 13, ECHR Art. 5, ECHR Art. 6, Family Law, Right to Fair Trial, Right to Liberty
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Denying bereavement benefits to cohabitees not justified where children impacted

2016

McLaughlin’s (Siobhan) Application [2016] NIQB 11

An unmarried mother challenged the decision of the DSD to refuse to provide her with benefits under the Social Security Contributions and Benefits (NI) Act 1992, following the death of her partner.

Tags
Family Law, Social Security
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IVF sector errors led to doubts over legal parental status

2015
A and others (In the matter of the Human Fertilisation and Embryology Act 2008) (2015) EWHC 2602 (Fam)

Judgment was handed down in the family division of the High Court in England and Wales on 11th September in a case where seven couples, who had assisted reproduction through sperm donor, issued proceedings for a declaration that they were the legal parents of their offspring.

 

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Family Law
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