Month: December 2012

The Times reports on Gay marriage exemption for churches

According to a report in The Times, Churches will be able to opt out of the up coming gay marriage legislation.

The legislation, due for publication next year, will apparently include an explicit exemption for churches allowing them to refuse to host gay marriage ceremonies should they choose to.

This has been introduced in response to concerns that churches were probably set to lose any legal action launched, should they refuse.

In more than 75 per cent of cases, Judges accept court welfare reports

According to a new study by Cafcass, the non-departmental public body that looks after the interests of children involved in family proceedings, Judges accept the recommendations set out in court welfare reports in 76 per cent of cases.

The study, based on a randomly chosen selection of 170 private residence and contact cases, found that in 107 of these cases, or 63%, report recommendations almost exactly matched the final order.

In eight of the cases selected, there was some overlap, however, the courts did not follow report recommendations in only five cases.

Richard Green, a child protection manager at Cafcass said: “The fact that our reports are followed in nine out of 10 cases suggests that the courts attach a high degree of merit to them.”

Richard added: “We have good structures in place to produce high-quality work and we are well placed to respond to the challenges ahead”

Olympic skier recounts an “unhappy marriage”

Lindsey Vonn, the US Olympic gold medal-winning skier has recalled her marriage to Thomas Vonn.

The couple separated in November last year after four years of marriage.

More than a year later, Lindsey explained to People Mangazine:

“Everyone knows marriage is tough. But it just wasn’t working, and it was making me miserable. Nothing bad happened. But there was just unhappiness. That’s the only way I can even describe it – unhappy.”

Lyndsey added: “Divorce doesn’t fit my cookie-cutter image. But I got to the point where I said, I don’t care if I ever win another race; I just can’t live like this.” And went on to say “Everyone saw me on TV, or read articles, and it was all about my great marriage, the white picket fence, all this success and my perfect life. But behind the scenes, it was a struggle.”

Vonn won Gold in the woman’s downhill ski race at the Winter Olympics 2010.

Vicarious Liability Set to Extend to Sex Abuse Cases says The Supreme Court

In a case involving a children’s home in Yorkshire, run by the Catholic Child Welfare Society, the Supreme Court have ruled that the courts had “succeeded in developing the law of vicarious liability so as to ensure that a remedy for the harm caused by abuse is provided by those that should fairly bear that liability”.

The headmaster and some teachers of the school were from the Institute of the Brothers of the Christian Schools.

Lord Phillips explained: “Vicarious liability is imposed where a defendant, whose relationship with the abuser put it in a position to use the abuser to carry on its business or to further its own interests, has done so in a manner which has created or significantly enhanced the risk that the victim or victims would suffer the relevant abuse. The essential closeness of connection between the relationship between the defendant and the tortfeasor and the acts of abuse thus involves a strong causative link.”

He added (in the present case) that there was “a very close connection between the relationship between the brothers and the Institute and the employment of the brothers as teachers in the school. Living cloistered on the school premises were vulnerable boys. They were triply vulnerable. They were vulnerable because they were children in a school; they were vulnerable because they were virtually prisoners in the school; and they were vulnerable because their personal histories made it even less likely that if they attempted to disclose what was happening to them they would be believed.”

As a result, the appeal by the Catholic Child Welfare Society against the previous ruling that the Institute could not be vicariously liable was allowed.