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Bloomsburry Family law

Law Brief

ACT Construction v Mackie (2005)

In awarding a defendant all of the costs of a counterclaim that had only been partially successful in the context of a substantially successful claim, a judge had erred by failing to have regard to the principle in monetary claims that it was most important to identify the party who was to pay money to the other.

X v (1) Liverpool City Council v (2) Chief Constable of Mersyside [2005] EWCA Civ 1173

The removal of children from their family should usually be effected pursuant to an Emergency Protection Order (EPO) under the Children Act 1989, s 44, and s 46 of the Act should only be invoked by the police where it was not reasonably practicable to execute the Order. In deciding whether it was practicable to execute an EPO, the police should always have regard to the paramount need to protect children from significant harm.

Campbell v MGN Ltd [2005] UKHL 61

The scheme allowing success fees to be recovered from the losing party to an action for defamation was compatible with the European Convention on Human Rights 1950 Art 10, therefore a defendant could not argue that the threat of liability to pay a large sum by way of costs infringed its right to freedom of expression.