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PRACTICE NOTES
Every immigration practitioner needs to be able to identify: • when a client can rely on a child welfare and best interests issue • how the best interests of the child interact with the Immigration Rules and human rights claims, and • how best to protect the rights of a child impacted by an immigration decision, ensuring that their voice is heard in the process This Practice Note introduces children’s rights issues in the immigration context. It looks at international children’s rights, where these must be considered within UK immigration law, and where there is a duty in an immigration context to safeguard children’s welfare. It also identifies circumstances when a legal challenge can be brought to a failure to safeguard a child’s welfare in an immigration context. Key resources Resource type Link International treaties UN Convention on the Rights of the Child (UNCRC)European Convention on Human Rights (ECHR) Legislation Borders, Citizenship and Immigration Act 2009, s 55 (BCIA 2009) Human Rights Act 1998 (HRA 1998) Statutory guidance Every
NEWS
Private Client analysis: The Court of Protection determined that it was in the best interests—as defined in section 4 of the Mental Capacity Act 2005 (MCA 2005)—for a 73–year old man (PK) who had suffered from a stroke and had other health problems and who lacked capacity, to continue to be fed by clinically assisted nutrition and hydration (CANH) via a nasogastric tube in a hospital. The Foundation Trust had applied for a declaration- with which PK's family disagreed—that the tube should be removed. The tube needed significant maintenance. The benefits—prolonging his life, allowing him to interact with his family and respecting his religious beliefs, outweighed the burdens; PK being in some pain, the extended time in which he had been in hospital bedbound and that he was unable to comprehend what was happening to him. There were also concerns about the environment required for CANH to continue—unfamiliar people appearing and sensory challenges- and the burdensome nature of intimate care for some of the treatment. Written by Julia Abrey, consultant at Withers LLP.
NEWS
Private Client analysis: In this case, District Judge Simpson considered whether moving to a different location to be closer to his wife was in the best interests of a husband, and whether maintaining contact between the husband and wife was in their best interests. Ultimately, after a careful analysis of both parties’ interests, it was concluded that relocating was not in the best interests of the husband. Furthermore, although this decision is subject to ongoing review, it was determined that, on balance, it was not in their best interests to maintain contact with one another. Although the facts are complex and specific to the individual circumstances and interests of the parties involved, this judgment will be of interest to practitioners dealing with cases that require best interest decision making for two closely connected individuals (such as couples, siblings, or a parent and child) especially when the interests of the individuals involved are in conflict. Written by Zena Bolwig, partner at Keystone Law.
PRACTICE NOTES
This Practice Note is written by East Riding of Yorkshire Council. STOP PRESS: A revised version of the National Planning Policy Framework was published on 17 August 2026. This content is being reviewed in light of the revised version. This Practice Note should be read in conjunction with Practice Note: Design requirements in the planning system, which sets out the legal and policy requirements for design in the planning system. Preparatory stage Good preparation will set a clear process for the drafting and implementation of a code and ensure buy in from key stakeholders. It is important to establish from the beginning the parameters for the code. Will it be an authority-wide or site-specific code? Or will the code focus on one particular element of design characteristic? Early meaningful engagement with stakeholders, including local residents, agents and developers as well as planning officers, can help set early parameters and scope out the content the code needs to cover. An effective way to set parameters is to review design guides and codes created by other
CHECKLISTS
This Checklist provides suggested steps for lawyers advising companies in relation to potential breaches of the Foreign Corrupt Practices Act (FCPA). Investigations for breaches of the Foreign Corrupt Practices Act 1977 (FCPA 1977) can be lengthy and complicated. Issues of privilege, self-reporting and cross-border factors need to be fully considered and carefully handled. This Checklist should be read in conjunction with the Practice Notes: FCPA internal investigations and enforcement proceedings (US) and Practical steps in a bribery investigation—UK and US perspectives. For further information on the FCPA, see Practice Notes: US Foreign Corrupt Practices Act (FCPA), The US Foreign Corrupt Practices Act 1977 (FCPA 1977) and Bribery Act 2010 (BA 2010) comparison table and FCPA internal investigations and enforcement proceedings (US). Prior to investigation Lawyers should consider the following steps: • ensure the company has a robust compliance program in place supported by necessary resources and inclusive of anonymous reporting channels and whistleblowing policies. Under the US Department of Justice’s (DOJ) Principles of Federal Prosecution of Business Organizations, in determining whether to
PRACTICE NOTES
This Practice Note considers the receiver’s duty to take reasonable care to obtain the best price reasonably obtainable. We cover what this means in practice including the use of selling agents, the timing of the sale, improvements to the property and the steps a receiver should take as part of the sales process. This Practice Note is not concerned with the range of other duties which may be owed by receivers. For further information on a receiver’s duties generally, see Practice Note: Roles, powers, functions and duties of an LPA or fixed charge receiver. The receiver’s duty The duty owed by a receiver to a mortgagor when selling a property is the same as that owed by the mortgagee to a mortgagor: • in exercising its power of sale over mortgaged property a mortgagee is under a general duty to take reasonable care to obtain the true market value of the mortgaged property at the time the mortgagee chooses to sell it • 'true market value' is synonymous with 'the best price reasonably
GLOSSARY
A local government performance framework introduced by the Local Government Act 1999, which imposes a duty on local authorities and certain other public authorities (referred to as best value authorities) to make arrangements to secure continuous improvement in the way in which their functions are exercised, having regard to a combination of economy, efficiency and effectiveness.
PRACTICE NOTES
Stop Press: On 24 February 2025, the main provisions of the Public Procurement Act 2023 (PA 2023) come into force. We are reviewing and updating our content accordingly. Note, however, that procurements begun on or after 24 February must be carried out under PA 2023, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. For background reading, see Practice Note: Public procurement law—reform [Archived]. Value is a key concern in the case of public procurement, as it is ultimately the taxpayer who funds public services. The law therefore places certain duties on public bodies who contract out services, in order that they find the best value. The duties considered in this Practice Note are additional to those that are imposed by virtue of the Public Contracts Regulations 2015, SI 2015/102 (for more on which, see subtopic: Procurement procedure—pre-PA 2023—overview). CCTs and Best Value The forerunner to the
GLOSSARY
A traffic delivery standard for which the network exerts its best efforts to ensure that the traffic is delivered, but provides no guarantee that all traffic will be delivered.
GLOSSARY
Bestiality describes sexual activity between a person and a non‑human animal. In legal practice it denotes the criminal offence of engaging in intercourse or other sexual acts with an animal.Across the UK and Ireland this conduct is prohibited by statute: in England and Wales under the Sexual Offences Act 2003 (using the term “intercourse with an animal”); in Scotland under the Sexual Offences (Scotland) Act 2009; in Northern Ireland under the Sexual Offences (Northern Ireland) Order 2008; and in Ireland under the Criminal Law (Sexual Offences) Act 2017 (using “sexual act with an animal”). “Bestiality” is therefore a descriptive label rather than the modern statutory wording, but it remains widely used in legal commentary, charging language and case reporting.Key features include intentional performance of the sexual act; an animal’s “consent” is legally irrelevant. Associated offending often arises, including animal welfare offences (e.g., causing unnecessary suffering) and offences concerning extreme pornographic images depicting sexual activity with animals.Practical significance includes prosecution and sentencing under the relevant sexual offences legislation, consideration of ancillary orders (such as Sexual Harm Prevention Orders) and, in appropriate cases, disqualification from owning or keeping animals. The core prohibition is broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland, though terminology and maximum penalties vary.
GLOSSARY
A measure of the volatility or systematic risk of a security or portfolio in comparison with the market as a whole.
GLOSSARY
A radionuclide which decays by emission of an electron or positron.