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Bloomsburry Family law


Preference or psychological need

Rahma Khana (by her litigation friend The Official Solicitor) v Southwark London Borough Council Court of Appeal 28/6/2001. The applicant, a 91 year old Iraqi Kurd, was a paranoid schizophrenic, deaf, blind, suffered severe mobility problems and required support with personal tasks. Additionally, she spoke only Kurdish. Her main carer was her husband, which due to his age and frailty was considered by a social worker, to be placing himself and his wife at risk. There was no lift access to their one bedroom flat that they shared with their daughter.

Reimbursement of care costs from structured settlements

Dean Bell (by his litigation friend Lily May) v Stephen Todd (1) South Tyneside MBC (2) QBD 29/6/2001. On 12 March 1986, when the claimant (“C”) was only four years old, he was seriously injured by a car driven by the first defendant. His injuries were so serious that he was and is accommodated for most of the year by the Camphill Trust at the Camphill Centre. For 12 weeks of the year he lives with his former foster parents in their own home.

IN PRACTICE: Casenote:Arthur MacGregor v South Lanarkshire Council

This case involved a 90-year-old seeking judicial review of a decision of the South Lanarkshire Council. That was as regards delay in providing him with a suitable place in a care home. This time, unlike in the case of Yule (on the subject of liability to pay for care), that particular local authority came off worst. The impact may well be felt both north and south of the border, quite apart from by the other 199 people on South Lanarkshire Council''s waiting list. 106 of those were ''bed-blocking'' in hospital.

TheTrustee Bill

The Trustee Bill, if passed and when it comes into force, will be a practical answer to some of those tricky issues we all come across from time to time, and a lot else besides. While it includes provisions relating to charitable trusts this overview concentrates on those relating to non-charitable trusts and wills.

Coughlan Implications for health law and beyond

On July 16 1999 the Court of Appeal gave judgment in R v. North and East Devon Health Authority, ex p. Coughlan (The Times, July 20 1999). Whilst the principal importance of this case lies in the fields of health and social services law, the judgment of the Court of Appeal has much wider ramifications

Charitable Gifts for Elderly Clients

Elderly clients are often more inclined than the younger generation to make charitable gifts in their Wills; the reasons for this are varied. They may have a larger estate with fewer dependents; they often have personal experience of charities e.g., through relatives suffering disease and receiving help from a particular charity. Surviving spouses who are childless may be particularly interested in charitable bequests and the solicitor needs to advise appropriately on the various options and pitfalls. In this article Emma Chamberlain discusses some of the common issues that can arise.