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News

Kirsty Markham qualifies as a solicitor

Swain & Co Solicitors are pleased to announce that Kirsty Markham has completed her training contact and qualified as a Solicitor today. Kirsty joined the firm in September 2013 completing seats in Clinical Negligence, Housing and Family Law.  She has now qualified into the Family team and works in the Havant office. In keeping with… Read More

Procedural fairness debated by Lord Justice Bean

We recently represented our client in respect of a procedural fairness challenge against the Secretary of State for Justice for the failure to disclose a Victim Impact Statement submitted to the Court in respect of his minimum tariff review. Our client was convicted under joint enterprise for the murder of Gary Newlove. Since Mr Newlove’s murder,… Read More

Paternity testing where the father is deceased

Paternity testing has come a long way in recent years, with scientific advances meaning that paternity is being able to be established with more certainty in Court cases.  However, in a recent case* the Court were required to rule on the difficult issue of paternity testing in a case where the potential father was deceased.… Read More

Court of Appeal upholds order relating to children’s names

The Court of Appeal has recently upheld an order, originally made in Swansea Family Court, that a mother was prevented from naming her twins “Cyanide” and “preacher”. In the case of C (Children) [2016] EWCA Civ 364, the Court had to consider whether in the UK they could prevent someone with parental responsibility from registering… Read More

Father bugs ex-partners home

A father, Mr L, placed bugs in his-ex partner’s home and when they were found he claimed that he planted them as he wanted to keep a check on his child.  He admitted at Portsmouth Court today that he did indeed plant the bugs in a “moment of madness” but his ex-partner was none the… Read More

Another Swain & Co Client Secures transfer to a medium secure unit – The challenge of delay and the shortage of beds.

This week Tom Battarbee, Manager of Mental Health for the Swain & Co Liverpool office, helped a restricted patient obtain a transfer from high secure hospital to medium security. This patient had made excellent progress and was ready to transfer down to conditions of medium security in order to continue his progress towards discharge. However he… Read More

Deputies could be forced to pay for Court of Protection cases

A current public consultation regarding costs in the Court of Protection is considering the option of deputies paying for litigation. Although this was always an option that a Judge had in determining costs liability, the standard position has been in the Court of the Protection that deputy costs are funded by the incapacitated person. Litigation… Read More