The recent High Court case of BB v AA which was an appeal from the Circuit Court deals with a situation where parents cannot agree on the choice of school for a child.
The recent High Court case of BB v AA which was an appeal from the Circuit Court deals with a situation where parents cannot agree on the choice of school for a child.
The applicant (“Mr. B.”) and respondent (“Ms.A.”) are husband and wife who have now separated and are living apart. They have two children, one of which is aged twelve years of age and is just about to enter secondary school.
The dispute was appealed to the High Court from the circuit court over the choice of school for the young boy, in the course of judicial separation proceedings, pending in the Circuit Court.
The boy is talented and aptitude tests show that he is ranked in the very highestpercentile of scholastic achievements for a child of his. He was offered a place in what the court called School A (for ease of reference) which the court held was a good school with a high level of academic and other achievements. However the child was also offered a place in School B has an outstanding reputation and is, the court held , by common consent, one of the leading schools in the country. Unlike School A, School B is, however, a private school and the school fees are considerable.
Mr. B. wished for his son to attend School A. His argument was that it is a perfectly good school and that such are the precarious state of the family finances that the family cannot afford private education. He also made the point that on attending School B, his son would automatically be associating with children from wealthier backgrounds which may make him feel isolated.
Ms. A wants her son to have the best opportunity and does not want to pass up this opportunity. School B offered a discount of 50% after the Circuit Court ruled that the boy should attend School A. Ms. A.’s parents have also offered to pay the balance of the school fees.
The court held that it could resolve matters of this kind under the of the Guardianship of Infants Act 1964 (as amended) which provides that any guardian “may apply to the court for its direction on any question affecting the welfare of the child and the court may make such order as it thinks proper.”
The court pointed out that its decision did not endorse School B at the expense of School A, still less to suggest that private education is in some way more desirable than education in the public system but in considering what is best for the child , given especially his scholastic aptitude it seemed appropriate that he should go to a school that would seem best suited for his talents .
The court therefore held that the appeal be allowed and Ms A was allowed to enrol the child in School B however did mention that should the financial assistance regarding fees not materialise the position would have to be revisited.
Cosgrove Gaynard Solicitors set out what your rights are if you have been injured in the course of air travel.
Text LinkA further regulation called the ePrivacy Regulation is being proposed to come into effect next year to further protect privacy in regard to electronic communications.
Text LinkLandmark case for the inheritance of social media pages and other digital assets.
Text LinkIt is really not for the SEC to determine whether tokens are security; this is to be determined by legislation or for the courts to determine. To date no court has determined whether or not tokens are deemed to be securities. That said it is clear that the SEC has interpreted the matter and are finding tokens to be securities. There is a case currently ongoing in New York which may however become the first court in the world to rule on whether or not tokens are deemed to be securities.
Text LinkInitial Coin Offerings (ICO's) are not just for technology companies . They are often the beginning of a digital revolution for existing Companies which are already established In their field whether it be healthcare, insurance, property or another industry. Despite some bad press, the tightening of regulation in jurisdictions such as in the US, and indeed Facebook and Twitter banning advertisements , money has been pouring into the ICO market with $3 billion raised through ICOs in the first two months of this year. This is half the value of all funds raised throughout 2017, according to Coindesk data.
Text LinkThe division of assets on a divorce is one of the most contentious issues facing both couples and family lawyers. With the advent of digital assets such as cryptocurrencies lawyers are having to consider digital assets and their division in the dissolution of a marriage more and more frequently.
Text Link22 Fitzwilliam Place,
Dublin 2
DX 109060 Fitzwilliam
Phone: 01 234 0044
Fax: 01 234 0047