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Bloomsburry Family law

Wills, Trusts & Probate

Official Receiver v Wadge Rapps & Hunt (a firm) [2003] UKHL 49

Insolvency - Official Receiver reported to Secretary of State under Company Directors Disqualification Act 1986, s 7(3) that disqualification proceedings should be brought against company’s directors for misconduct - Powers conferred by Insolvency Act 1986, s 236 on Official Receiver included provision of information to Secretary of State for purpose of disqualification proceedings

R v Parole Board, ex p Giles [2003] UKHL 42

Criminal Procedure - Human Rights - Sentencing - Defendant received sentence under Criminal Justice Act 1991, s 2(2)(b) which was longer than would be commensurate with seriousness of offences - Judge of opinion that sentence necessary to protect public - Sentence not subject to requirements of periodic review under European Convention on Human Rights 1953, Art 5(4)

Re S (A Child) [2003] EWCA Civ 963

Human Rights - Children - Family - Criminal Procedure - Identification - Child’s welfare - Judge had not correctly expressed balancing exercise to be carried out between child’s right to privacy under European Convention on Human Rights, Art 8 and right to free speech in Art 10 of Convention - However judge had been correct not to restrain identification of child’s family in criminal proceedings where publicity would not impact on child’s upbringing and paramountcy of welfare principle in Children Act 1989, s 1(1) could not be invoked

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