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Decisions on facts without assessing hypothetical questions (Re JS (Disposal of Body))

Decisions on facts without assessing hypothetical questions (Re JS (Disposal of Body))
Published on: 25 November 2016
Published by: LexisPSL
  • Decisions on facts without assessing hypothetical questions (Re JS (Disposal of Body))
  • Original news
  • What were the issues before the court?
  • How did the court approach the application for a specific issue order under section 8 of the Children Act 1989?
  • Of what significance was the proposition that the court should not stray into deciding hypothetical questions?
  • What weight was given to the wishes of the child, when balanced with the (different) wishes of the parents?
  • While the facts of the case are unusual, was the making of the reporting restriction order in line with previous authorities?
  • The judge commented that ‘hard cases make bad law’—does that apply to this case?
  • What issues would arise in the case of a deceased adult where the personal representatives and/or beneficiaries of the estate were unwilling to comply with the request?

Article summary

Family analysis: Jeremy Ford, solicitor-advocate at Cafcass Legal, who acted as advocate (or amicus curiae) in Re JS (Disposal of Body) considers the issues involved in the case. or take a trial to read the full analysis.

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