Category: Legal Analysis

Legal Analysis. This is not legal advice !

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Legal Analysis

Cafcass

Cafcass -Children and Family Court Advisory and Support Service

Cafcass stands for Children and Family Court Advisory and Support Service. Cafcass “independently advise the family courts about what is safe for children and in their best interests”(*)

Cafcass has come under scrutiny in recent years due to a number of controversies and criticisms. One of the main criticisms has been utter incompetence, bias and the high caseloads faced by FCAs. This made it difficult for Cafcass to provide the level of support and attention needed by children and families.

(*) Cafcass are a very dangerous and biased organisation.This statement is untrue.

Cafcass has a number of resources available on its website to help families understand the court process and their rights, including guides on child arrangements, parental responsibility, and adoption. Cafcass also provides a range of support services for children, including counselling and therapy.

Children and Family Court Advisory and Support Service and Family Court Reform

The research briefing Children and Family Court Advisory and Support Service and Family Court reform was published on the House of Commons Library website in advance of the Westminster Hall debate held on Wednesday 22nd March 2023.

Hansard which is the the official report of all Parliamentary debates, published the full transcript of the debate on the webpage Family Court Reform and CAFCASS Volume 730.

Family-Court-Reform-and-CAFCASS-2023-03-22Download

Cafcass and the Sussex Family Justice Board (SFJB)

Cafcass staff are listed as board member of the highly questionable Sussex Family Justice Website (SFJB), along with a number of Senior Sussex Judges including HHJ Bedford and HHJ Farquhar.

Is the Sussex Family Justice Board evidence of bias, secrecy and injustice rife within the judiciary, justice system and legal profession in the UK ?

About Cafcass

Cafcass represents children in family court cases in England. Cafcass independently advise the family courts about what is safe for children and in their best interests. Cafcass put their needs, wishes and feelings first, making sure that children’s voices are heard at the heart of the family court setting. Operating within the law set by Parliament (Criminal Justice and Court Services Act 2000) and under the rules and directions of the family courts, we are independent of the courts, social services, education and health authorities and all similar agencies.

Cafcass duty is to safeguard and promote the welfare of children going through the family justice system, supporting over 140,000 children every year by understanding their experiences and speaking up for them when the family court makes critical decisions about their futures.

Cafcass is the largest employer of qualified social workers in England and is deeply committed to making a positive difference to each child we support. We are proud that everyone working for Cafcass is united in improving the lives of children, families and carers.

Our experienced Family Court Advisers (FCA) may be asked by the court to work with families and then advise the court on what we consider to be the best interests of the children involved in three main areas:

  • divorce and separation, sometimes called ‘private law’, where parents or carers can’t agree on arrangements for their children
  • care proceedings, sometimes called ‘public law’, where social services have serious concerns about the safety or welfare of a child
  • adoption, which can be either public or private law.

Cafcass also actively work with our partners to identify solutions to help reduce the increasing pressures on the family courts and to improve the experiences and outcomes for children and families.

Cafcass About Us

History of Cafcass

The Children and Family Court Advisory and Support Service (Cafcass) was formed on 1 April 2001 as part of the Government’s commitment to supporting families and children.

It brought together the services previously provided by the Family Court Welfare Service, the Guardian ad Litem Services and the Children’s divisions of the Official Solicitor’s Office.

Cafcass is sponsored by the Ministry of Justice and is a non-departmental public body.

Cafcass History

Cafcass Annual report and accounts

Cafcass annual reports and accounts are laid before Parliament and show how Cafcass performed each year and how they spent their budget.

The Annual Report and Accounts 2021-22  were approved by the Cafcass Board in October 2022, subject to any changes from the National Audit Office (NAO). The accounts were signed off by the NAO on 12 December 2022.

Cafcass Annual Report FINAL-2021_22-DigitalDowNLOAD

Cafacss logo used under Copyright exception “Fair dealing for criticism, review or quotation.”

Check out our article on the highly questionable Sussex Family Justice Board and make up your own mind.

We recommend you should always seek formal legal advice if required, from a qualified and reputable lawyer (solicitor or barrister).

Our Family Solicitor and Family Barristers pages contains tips on how to find a competent lawyer.

We have a number of links to Free Legal Resources and Legal Organisations on our Free Legal Advice , Legal Aid and Pro Bono pages.

Read the reviews of Gavin Howe Barrister

“He is awful, underhanded and should not be practising law!”

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Legal Analysis

Can the Lord Chancellor and Secretary of State for Justice be a bully* ?

lord bully

Short Answer, in my opinion, NO (*confirmed)

Update 21st April 2023 – Dominic Raab has finally resigned !

Dominic Raab Twitter Resignation Letter Page 1
Dominic Raab Twitter Resignation Letter Page 2
Dominic Raab Resignation Statement

Dear prime minister,

I am writing to resign from your government, following receipt of the report arising from the inquiry conducted by Adam Tolley KC. I called for the inquiry and undertook to resign, if it made any finding of bullying whatsoever. I believe it is important to keep my word.

It has been a privilege to serve you as deputy prime minister, justice secretary and lord chancellor. I am grateful to have had the opportunity to work as a minister in a range of roles and departments since 2015, and pay tribute to the many outstanding civil servants with whom I have worked.

Whilst I feel duty bound to accept the outcome of the inquiry, it dismissed all but two of the claims levelled against me. I also believe that its two adverse findings are flawed and set a dangerous precedent for the conduct of good government. First, ministers must be able to exercise direct oversight with respect to senior officials over critical negotiations conducted on behalf of the British people, otherwise the democratic and constitutional principle of ministerial responsibility will be lost. This was particularly true during my time as foreign secretary, in the context of the Brexit negotiations over Gibraltar, when a senior diplomat breached the mandate agreed by cabinet.

Second, ministers must be able to give direct critical feedback on briefings and submissions to senior officials, in order to set the standards and drive the reform the public expect of us. Of course, this must be done within reasonable bounds. Mr Tolley concluded that I had not once, in four and a half years, sworn or shouted at anyone, let alone thrown anything or otherwise physically intimidated anyone, nor intentionally sought to belittle anyone. I am genuinely sorry for any unintended stress or offence that any officials felt, as a result of the pace, standards and challenge that I brought to the Ministry of Justice. That is, however, what the public expect of ministers working on their behalf.

In setting the threshold for bullying so low, this inquiry has set a dangerous precedent. It will encourage spurious complaints against ministers, and have a chilling effect on those driving change on behalf of your government – and ultimately the British people.

Finally, I raised with you a number of improprieties that came to light during the course of this inquiry. They include the systematic leaking of skewed and fabricated claims to the media in breach of the rules of the inquiry and the Civil Service Code of Conduct, and the coercive removal by a senior official of dedicated Private Secretaries from my Ministry of Justice Private Office, in October of last year. I hope these will be independently reviewed.

I remain as supportive of you and this government, as when I first introduced you at your campaign leadership launch last July. You have proved a great prime minister in very challenging times, and you can count on my support from the backbenches.

Yours sincerely,

Dominic Raab

Dominic Raab: Deputy PM’s resignation letter in full BBC

The Report of formal complaints about the conduct of the Rt Hon Dominic Raab MP, Deputy Prime Minister, Lord Chancellor and Secretary of State for Justice has also been published.

2023.04.20_Investigation_Report_to_the_Prime_MinisterDownload

Dominic Raab was appointed Deputy Prime Minister, Lord Chancellor and Secretary of State for Justice on the 25th October 2022.

As the Secretary of State for Justice, The Rt Hon Dominic Raab MP, heads the Ministry of Justice.

A formal complaint was made on the 15th November 2022 regarding his conduct at the Ministry of Justice (MoJ) and Foreign, Commonwealth and Development Office.

Further to our articles on His Majesty’s Courts and Tribunals Service (HMCTS) and the highly questionable Sussex Family Justice Board one would expect the Lord Chancellor and Secretary of State for Justice to have unimpeachably high standards that such important roles demands.

Not so it would seem……It would appear that the Justice system is rotten from the top to the bottom.

Oath of the Lord Chancellor

The Lord Chancellor takes a sincere and solemn Oath from Part 2 Section 17 of the Constitutional Reform Act 2005

“I,     , do swear that in the office of Lord High Chancellor of Great Britain I will respect the rule of law, defend the independence of the judiciary and discharge my duty to ensure the provision of resources for the efficient and effective support of the courts for which I am responsible. So help me God.”

Oath of the Lord Chancellor Part 2 Section 17 Constitutional Reform Act 2005

Investigation into Bullying

The Prime Minister Rishi Sunak appointed Adam Tolley KC to conduct an independent investigation into two formal complaints which have been made about the conduct of the Rt Hon Dominic Raab MP, the Deputy Prime Minister, Lord Chancellor and Secretary of State for Justice.

As an independent investigator, Adam Tolley KC has been asked to:

  • Establish the specific facts surrounding the formal complaint made on 15 November about Mr Raab’s conduct at the Ministry of Justice;
  • Establish the specific facts surrounding the formal complaint made on 15 November about Mr Raab’s conduct at the Foreign, Commonwealth and Development Office.

Terms of Reference for the Investigation into formal complaints about the conduct of the Deputy Prime Minister

With at least 24 civil servants involved in complaints against Dominic Raab, if the Balance of Probabilities test used in the Family court was applied he would have been proclaimed guilty already. Read our article on Burden and Standard of Proof.

According to the Guardian newspaper Dominic Raab says he will quit if he is found guilty of bullying.

Why has he not been sacked or resigned already ?

How is The Rt Hon Dominic Raab MP still the Lord Chancellor and Secretary of State for Justice as well as the Deputy Prime Minister ?

What is the role of Deputy Prime Minister ?

According to the gov.uk webpage for the Deputy Prime Minister , it lists the responsibilities as BLANK.

Deputy Prime Minister Responsibilities @ 27th March 2023

A deputy prime minister traditionally serves as acting prime minister when the prime minister is temporarily absent or incapable of exercising power.

Conclusion

A bully *(alleged), in my opinion, is not fit for such high office.

I’m sure he is a very lovely and capable man but from one Dominic to another, please do the decent thing and resign !

“Our justice system is the envy of the world.”

Transforming Our Justice System By the Lord Chancellor, the Lord Chief Justice and the Senior President of Tribunals September 2016

In 2023, now the laughing stock of the world………God Help Us if this is Justice.

Read the reviews of Gavin Howe Barrister

“He is awful, underhanded and should not be practising law!”

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Categories
Legal Analysis

What is a Contract ?

what is a contract

Contracts are are used to establish legally binding agreements between parties which can written or oral. Contracts can be simply described as a promise enforceable by law.

In the UK, contracts are governed by the common law, which is a body of law that is derived from judicial decisions rather than legislation.

This article will provide an overview of contracts and contract law in the UK, including the key elements of a contract, the types of contracts, and the remedies available for breach of contract.

Elements of a Contract

There are four essential elements of a contract in UK law: offer, acceptance, consideration, and intention to create legal relations.

  1. An offer is a proposal made by one party to another party that is capable of acceptance. The offer must be sufficiently clear and definite so that the other party can understand what is being offered.
  2. Acceptance is the unqualified agreement to the terms of an offer. The acceptance must be communicated to the offeror and must be made in the manner specified in the offer, or in a reasonable manner if no manner is specified
  3. Consideration is something of value that is given in exchange for something else. The consideration must be something that the parties have agreed to exchange and must be sufficient, but need not be adequate. In other words, the consideration must be of some value, but it does not have to be of equal value to the other party’s consideration.
  4. In order for a contract to be enforceable, both parties must intend to create legal relations. This means that the parties must have a serious intention to be bound by the contract and that the agreement is not merely a social or domestic arrangement.

Types of Contracts

There are many different types of contracts that can be formed in the UK. Some of the most common types of contracts include:

  1. Express contracts are contracts that are formed by the express agreement of the parties. This means that the terms of the contract are explicitly stated either in writing or orally.
  2. Implied contracts are contracts that are formed by the conduct of the parties rather than by their express agreement. In other words, the parties’ actions indicate that they have agreed to certain terms.
  3. Unilateral contracts are contracts in which one party makes a promise in exchange for the other party’s performance. The contract is formed when the second party performs the requested act.
  4. Bilateral contracts are contracts in which both parties make promises to each other. The contract is formed when both parties have made their promises.
  5. Void contracts are contracts that are not enforceable by law. These contracts may be illegal, impossible to perform, or the result of a mistake or fraud.
  6. Voidable contracts are contracts that are valid, but may be avoided by one or both parties. These contracts may be avoided because of a mistake, misrepresentation, undue influence, or duress.

What is an Unfair Contract ?

An unfair contract is a contract that contains terms and conditions that are deemed to be unjust, unreasonable, or unconscionable. These terms may provide one party with an unfair advantage over the other or impose burdens or restrictions on one party that are significantly disproportionate to the benefits received.

Unfair contracts can take many forms and can be found in a variety of contexts, including consumer contracts, employment contracts, and commercial contracts. Examples of unfair contract terms might include clauses that:

  • Limit liability for one party while providing no such protection for the other
  • Grant one party the right to terminate the contract without cause or notice, while denying the same right to the other party
  • Give one party the exclusive right to make decisions or take actions that affect both parties
  • Provide for automatic renewals or extensions of the contract without sufficient notice or opportunity to terminate
  • Require one party to waive certain legal rights or remedies in exchange for entering into the contract

The exact criteria for what constitutes an unfair contract may vary. In general, however, an unfair contract is one that places one party at a significant disadvantage and is not the result of a freely negotiated agreement between the parties.

Remedies for Breach of Contract

If one party breaches a contract, the other party may have legal remedies available to them. Some of the most common remedies for breach of contract include:

  1. Damages are a monetary award that is intended to compensate the non-breaching party for the loss suffered as a result of the breach.
  2. Specific performance is a court order that requires the breaching party to fulfil their obligations under the contract.
  3. An injunction is a court order that prohibits the breaching party from doing something that would cause harm to the non-breaching party.
  4. Rescission is the cancellation of the contract and the parties are put back into the position in which they were before the contract was made.. This remedy is available when one or both parties have been induced to enter into the contract by fraud or mistake.

Conclusion

Contracts and contract law are complex topics that require careful consideration and attention to detail. By understanding the elements of a contract, types of contracts, and remedies for breach of contract, businesses and individuals can protect their interests and ensure that they operate in compliance with UK law.

We recommend you should always seek formal legal advice if required, from a qualified and reputable lawyer (solicitor or barrister).

Check out our articles on  What is the Law ?, R v Sussex Justices, Rule of Law, Litigants in Person, McKenzie Friends, HHJ Farquhar, HHJ Bedford and the highly dubious Sussex Family Justice Board.

We have a number of links to Free Legal Resources and Legal Organisations on our Free Legal Advice , Legal Aid and Pro Bono pages.

Read the reviews of Gavin Howe Barrister

“He is awful, underhanded and should not be practising law!”

Latest Articles

All articles can be found in our Sitemap

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