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Bloomsburry Family law

Divorce

R v Balfour Beatty Rail Infrastructure Services Ltd

It was appropriate in the interest of proportionality to reduce the fine imposed on a rail track maintenance contractor for its failure to discharge its duty as an employer under s 3 of the Health and Safety at Work etc Act 1974, which was a cause of the Hatfield rail disaster, where there was a huge disparity between the fine imposed on the contractor and the fine imposed on the co-defendant rail network owner.

Clayton v Clayton

The prohibition on publication in s 97 of the Children Act 1989 ceased to have effect when the Children Act proceedings came to an end. However that did not mean that a judge might not, in the welfare interests of the child and in order to protect his or her privacy under Art 8 of the European Convention on Human Rights 1950, make an injunction or an order prohibiting identification of the child, not simply to the extent set out in s 97(2), but for a period beyond the end of the proceedings.

In the matter of Cape Plc

Where asbestos-related claims would continue to arise over a long period and there was insufficient insurance cover, it was appropriate to sanction an unusual scheme of arrangement under s 425 of the Companies Act 1985 in order to provide long-term finance for claims and to protect the scheme companies from the risk of insolvency.

Re B (children)

In care proceedings, where it was alleged that injuries to an 11-month-old child were non-accidental, the judge erred in finding that the mother had exaggerated evidence without giving her an opportunity to deal with that point in evidence. The medical evidence was not such that the only conclusion that could be drawn was that the child’s injuries had been caused by shaking.

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