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Bloomsburry Family law

Health & Safety

Alexis Michaela Cecile Blumentahl v The Church Commissioners for England [2004] EWCA Civ 1688

Disputing the court’s jurisdiction – Lands Tribunal – Modification – Positive covenants – Restrictive covenants – Lands Tribunal’s jurisdiction – User obligations – Occupation of leased premises – Positive obligation – Restricted user – Unreasonable result – s 84 Law of Property Act 1925

DN (By his father and litigation friend RN) v Greenwich London Borough [2004] EWCA Civ 1659

Causation - Expert evidence - Local education authorities - Measure of damages - Professional negligence - Psychologists - Special educational needs - Expert evidence of educational psychologist in own defence - Measure of damages for negligence in failing properly to identiy educaitonal needs - Failure to diagnose Asperger’s Syndrome - Autism - Loss of a chance - Psychiatrists - Mental Health Act 1983

Attorney-General's Reference (No.19 of 2004)

Racially aggravated offences - Unlawful wounding - In chambers - Sentence length - Undue leniency - 10 months' imprisonment unduly lenient - Additional period of imprisonment required to be imposed to reflect gravity of racial element. - Criminal Justice Act 1988, s 36 - Offences against the Person Act 1861, s 20 - Crime and Disorder Act 1998, s 29(1)(a)

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