Podcast Location:
Download it here [file size: 34.4 MB]
Categories:
Family Law
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to inform the listener of the changes to the law in this area in the wake of the Re B case. It further aims to place the decision in the context of care proceedings as a whole, and points out potential future issues arising from the House of Lords judgment.

Outcomes:
After completing the course you will:
  • Understand the ratio and individual speeches of the House of Lords decision in Re B;
  • Be aware of the impact of this decision on care proceedings, and indeed family law, as a whole;
  • Engage with the speakers in evaluating the House of Lords decision and potential issues arising from it.
Level:
Complex Difficulty: 4 of 5
Classification:
Case Update
Legal Principles
Sources and References:
  • Children Act 1989;
  • Human Rights Act 1998;
  • Re B (children) (sexual abuse: standard of proof) [2008] UKHL 35;
  • Re P (sexual abuse: standard of proof) [1996] 2 FLR 333;
  • Re G (adoption: ordinary residence) [2002] EWHC 2447 (Fam);
  • Re H and others (minors) (sexual abuse: standard of proof) [1996] 1 All ER 1;
  • Re ET (serious injuries: standard of proof) [2003] 2 FLR 1205;
  • Re F-H (children) (fact-finding hearing)[2008] EWCA Civ 1249;
  • Law Commission Report 172 - Review of Child Law: Guardianship.

This podcast further details the arguments that were before the House of Lords in the Re B case, and then goes on to consider and evaluate the decision that their Lordships reached.

Podcast Added: 10/02/2009

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