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  • Give someone else a voice

    4 Brick Court's running team took part in the Great South Run (10 miles in Portsmouth on 26th October)on behalf of a favourite charity and your support would be greatly appreciated by the many children who have come to depend on VOICE.  VOICE is a charity entirely dedicated to giving support advice and assistance to the 60,000 children in care in the UK at any one time.

     

    The team from chambers included Jacqui Gilliatt, Louise MacLynn, Francis Cassidy, Lee Pearman and Paul Carver, joined by Jacqui's husband, John Sullivan, his friend David Parkinson and Jacqui's friends Carolyn & Tim Cobbold.

    You can log on to our Just Giving website and translate our pounding the pavements of Portsmouth in to pounds for this charity.

    Alternatively we will be happy to receive cheques made out to Voice at 4 Brick Court.

     

    Click to find out more about VOICE

  • New files on 4bc Website

    We have recently added to our website - the June 2008 updater - the Jargon Buster from A to Z (in  Family Law General) & the Family Law Bibliography (also in Family Law General).

  • Standard of Proof in Care Proceedings

    The House of Lords ruled on 11th June 2008 in an appeal in which three members of  4 Brick Court Chambers appeared before their Lordships on 19th and 20th May 2008. Marianna Hildyard QC and Isabelle Watson represented the Respondent father and Stuart Fuller (led by Stephen Cobb QC of 1 Garden Court Chambers) represented the Appellant children (through their Children’s Guardian). CAFCASS intervened.

  • Domestic Violence Practice Direction

    This Practice Direction came into force on 9.5.08.  See also the comments of Robert Stevens reported on the Family Law Week blog.

  • PLO Guidance for London

    Judge Altman, the Designated Judge for London, has issued an Initial Local Plan for London dated 10th April 2008in respect of the implementation of the Public Law Outline (which is already in force). It applies to the London Care Centre which means the PRFD & Barnet, Kingston & Croydon County Courts & is relevant also to cases transferred into those courts from the FPCs.

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Articles listing » Family General » Jargon Buster L-M


Jargon Buster L-M

LA

See: Local Authority

LAC Review

See; Looked After Child Review

LSCB

Local Safeguarding Children's Board

Learning Disability

A learning disability is a lifelong condition that affects an individual's ability to learn. The causes of many learning disabilities are not known, but examples might include everything from dyslexia to Down's Syndrome.

People with a learning disability find it harder to learn and understand than others. As a result, some need support with everyday practical skills like getting dressed or cooking, or social skills like holding a conversation. The disability can vary in range from mild to severe and the help a person with a learning disability requires will vary accordingly.

See http://mencap.org.uk/html/about_learning_disability/what_is_learning_disability.asp

Letter before Proceedings

A letter is sent to parents by the local authority prior to the commencement of care proceedings.  The letter explains the concern of the local authority about the child and the letter entitles parents to legal advice before proceedings begin.

Letterbox Contact

A term used to denote indirect contact by letter usually in the context of adoption proceedings.  The local authority will act as a letter box and receive in and send out letters between adopters and birth parents.

Litigant in Person

A person who conducts their own court case and represents themselves at court hearings without the assistance of a professional advocate.

LIP

See: Litigant in Person

Litigation Friend

In court proceedings involving children the court will normally order that proceedings be conducted through a ‘litigation friend' who is an adult who can act on behalf of the child and represent that child's interests. In circumstances where the court feels the child is able to conduct proceedings on their own (e.g. with an older teenager) the court may dispense with the need for a litigation friend. A child is defined by the court as someone under 18.  

 

The Civil Procedure Rules dealing with this are here.

and the accompanying Practice Direction is here.

LJ

Lord Justice

Legal Services Commission

The Legal Services Commission is an executive non-departmental public body set up to replace the Legal Aid Board. It is responsible for the development and administration of two schemes in England and Wales:

The Community Legal Service, which, from 1st April 2000 replaced the old civil scheme of legal aid;

The Criminal Defence Service, which, from 2nd April 2001 replaced the old system of criminal legal aid and provides criminal services to people accused of crimes.

http://www.legalservices.gov.uk/

Local Authority

A local authority is an elected body of councillors responsible for a particular area.  For example, the London Borough of Camden and Kent County Council are local authorities.  There are also District Councils and Unitary Authorities which are local authorities.  Local authorities are the primary bodies with responsibilities for children in need and the bodies which bring care proceedings to the court.

For a complete list of local authorities see

http://www.direct.gov.uk/en/Dl1/Directories/Localcouncils/index.htm

The Department for Children, Schools & Families is the central Government Department responsible for managing local authorities in respect of their responsibilities for education & children and has a local authority website here: http://www.dfes.gov.uk/localauthorities/index.cfm

Local Safeguarding Children's Board

Local Safeguarding Children's Boards have replaced the old area protection committees.

The core membership of LSCBs is set out in the Children Act 2004, and includes local authorities, health bodies, the police and others. The objective of LSCBs is to coordinate and to ensure the effectiveness of their member agencies in safeguarding and promoting the welfare of children.

http://www.everychildmatters.gov.uk/lscb/

Looked After Child Review

It is a legal requirement that children who are looked after by social services must be reviewed regularly (See here). A LAC Review is a meeting which is held to get people together to share information and to make plans about a child's placement.  The people who usually attend are the parents, social worker and the people caring for the child.  Sometimes teachers are asked to go to the meeting and the meeting is chaired by an independent chair person.  The purpose of a LAC Review to make sure that the care plan for each child continues to be appropriate and that the child's needs are being met.  LAC reviews will always discuss issues about a child's development and welfare. This will include discussion about a child's education, health, conduct and family contact.  The first review must be held within 4 weeks after a child becomes looked after. The second review must be held within 3 months after the first review. After this all other reviews must take place within every 6 months.

LSC

Legal Services Commission

Lump Sum Order

In Ancillary Relief proceedings an order that one party to the marriage shall pay the other a fixed sum of money in either one payment or in instalments.

Magistrates

Magistrates are members of the local community appointed by the Lord Chancellor.

  • No formal qualifications are required but magistrates need intelligence, common sense, integrity and the capacity to act fairly. Membership should be widely spread throughout the area covered and drawn from all walks of life.
  • All magistrates are carefully trained before sitting and continue to receive training throughout their service.
  • Magistrates are unpaid volunteers but they may receive allowances to cover travelling expenses and subsistence.

For more information on the role of a magistrate see

http://www.magistrates-association.org.uk/

Maintenance

A term used to describe periodic payments for the benefit of a spouse or children in divorce proceedings which are usually paid monthly.

Maintenance pending suit

An interim maintenance arrangement which is temporary pending a final settlement.

McKenzie Friend

A person who is permitted by the judge to be in court to assist a litigant in person - they cannot speak on their behalf.  The name comes from the case in which the court decided to allow a litigant to have this assistance.

For more information see:

http://www.askthefamilylawyer.co.uk/?page_id=8

http://fnf.org.uk.uk3.clientproof.co.uk/law-policy/mckenzie-friends

 

Marevas

The term given to an injunction which freezes assets i.e. prevents removal or disposal of assets such as bank accounts and properties until a final order is made by the court.  It is now more commonly known as a freezing order.

Master

An old name for a type of district judge in the High Court.

Matching Panel

The process by which an adoption panel sets up a child with prospective adoptive parents. Considerations may include a child's ethnic or religious background, their age and gender and any special needs that the child might have.

Maternity

Female parentage, motherhood, the kinship between a mother and child.

Matrimonial Home

The principal home in which parties to the marriage reside or resided.

Mediation

Mediation is a confidential, voluntary, "without prejudice" process in which a neutral third party, the mediator helps you to discuss and negotiate all issues surrounding your divorce or separation. Research shows that mediation improves communication and helps separating parents to build for the future in their new circumstances.   There are lots of different types of mediation and mediators.

 

See these blog posts on Family Law Week's blog about mediation

http://flwblog.lawweek.co.uk/search/label/mediation

Memorandum of Association

The document which is produced at the end of mediation containing the proposed financial deal and contact arrangements.  The parties can take the document to the court to have it made into a consent order.

Miller

A decision of the House of Lords in May 2006 which was heard along with the case of MacFarlane.  The case reaffirmed equality as a starting point in ancillary relief proceedings and the importance of need in most cases.  It ended conduct and special contribution as factors where the cases were not exceptional.  The case also distinguished matrimonial and non matrimonial property with matrimonial property likely to be divided equally if needs allow and non matrimonial property shared in cases of a long marriage.

Mirror Orders

An order, often in proceedings concerning children which is made in another country and in identical terms to an order made in the child's home country.  Often made in cases concerning contact and residence.  The making of mirror orders allows an order to be reflected in another jurisdiction without the need for new or different orders being made. 

Mother

Natural mother. Any woman who is carrying or has carried a child as a result of the placing in her of an embryo or of sperm and eggs, and no other person is to be treated as the mother of the child. Human Fertilization and Embryology Act 1990. Where a child is adopted under the Children's Act 1989 the natural parent ceases to be regarded as a parent and the adoptive parents get parental responsibility.

Minor

A person under 18 years of age (also see Child) for the purposes of legal proceedings.

Money Work

In family law this means the work done by a divorce lawyer dealing with the distribution of assets between parties on divorce.

Munchausen's (by proxy)

Also called Munchausen's Syndrome by Proxy, Munchausen's by Proxy Syndrome, and Factitious Disorder by Proxy this is a label for a pattern of behaviour in which a person deliberately exaggerates and/or fabricates and/or induces physical and/or psychological-behavioural-mental health problems of another who is under their care.

This constitutes maltreatment (abuse/neglect) that manifests as physical abuse, sexual abuse, emotional abuse, neglect, or a combination.

www.nhsdirect.nhs.uk/articles/article.aspx?articleId=356#

See also the earlier entry on Factitious Illness.