2018

Disability discrimination and possession proceedings

Background Paragon Asra Housing Limited (“the Appellant”) is a provider of social housing. Mr Neville (“the Respondent”) was an assured tenant of the Appellant. Under Clause 3 of the Respondent’s tenancy agreement there were a number of- quite standard – obligations. These included: – barring him from using the flat for illegal or immoral purposes; Continue reading

Upward variation of periodical payments after the recipient’s financial recklessness – an answer at last!

In February 2017 I wrote an article on the case of Mills v. Mills [2017] EWCA Civ 129 (http://becket-chambers.co.uk/2017/02/28/upward-variation-periodical-payments-recipients-financial-recklessness-political-hot-potato/) which considered whether capital needs could, in effect, be revisited in a future application to vary periodical payments. The case has now been reconsidered by the Supreme Court; here I provide a reminder of the original Continue reading

Crisis in Family Justice?

Is the family justice system in crisis? Yes says Sir Andrew McFarlane, the new president of the Family Division of the High Court, who took over that role in July 2018. Sir Andrew was speaking at the launch of a Care Crisis review, an independent study by senior lawyers, social workers, charities & academics into Continue reading

Relocation – stating the resident parent will be ‘unhappy’ is simply not enough to justify relocation.

re M (A Child) [2017] EWCA Civ 2356 Introduction In a lead judgment from Jackson LJ the Court of Appeal have reiterated the guidance in Re F (A Child) (International Relocation Cases) [2015] EWCA Civ 882 that “an analysis of some sophistication and complexity” is required before granting an application for relocation. This case makes it Continue reading

Draft revised Practice Direction 27A – Family Proceedings: Court Bundles (Universal Practice to be applied in the High Court and Family Court)

Sir James Munby, President of the Family Division, has announced that a final approved draft of the revised Practice Direction 27A (which awaits only formal signature by the relevant Minister) is due to come into force on 23 July 2018. The basic PD27A remains as before but with some minor changes. The three main changes Continue reading

Costs against Public Authorities in Non-CPR Civil Proceedings in the Magistrates’ and Crown Courts – Heads They Win, Tails You Lose

R (on the application of Perinpanathan) v City of Westminster Magistrates’ Court and Another [2010] EWCA Civ 40 is the current leading authority on the question of costs in civil matters brought in the Crown or Magistrates’ Court by a public authority. It applies and extends the principles in City of Bradford Metropolitan DC v Continue reading

(Assured) Landlord and Tenant in Potential Agreement? Sweet Surrender

Once there has been a breakdown in the landlord and tenant relationship, and the landlord wants to seek possession, the default route is the instigation of formal possession proceedings. A problem that assured and assured-shorthold landlords are starting to encounter more frequently, however, is the Section 21 debarment that results from a failure to comply Continue reading

A variation to the law of variations: The Supreme Court gives judgment in Rock Advertising Ltd v MWB Business Exchange Centres Ltd

Summary: In a case of potential relevance to anyone entering into a written contract, the Supreme Court has recently held that oral variations to such a contract may well be invalid. The case has wide reaching implications and changes the approach previously adopted by the courts. In its Judgment in Rock Advertising Ltd v MWB Continue reading

A roundup of the President’s lecture on a unified, re-vamped family court

It is a familiar problem. A divorce is being endured. It is, by definition, fractious and, most importantly, still fractious in respect of the children. Or, put in lawyer’s tongue, there are ongoing matrimonial finance proceedings, in which the children are the first consideration (section 25 (1) Matrimonial Causes Act 1973) but the “child arrangements” Continue reading

Further reform to Personal Injury – Crackdown on gastric illness in holiday claims

Introduction Hot on the heels of The Association of British Insurers (ABI) (in response to an apparent increase in whiplash claims) The Association of British Travel Agents (ABTA) has campaigned for reform in package holiday gastric illness claims. Personal Injury reform is a topic that I have previously explored under “Personal Injury Claims- further reform Continue reading

For love, not money: establishing beneficial interests in sole name cases

The recently-reported case of Dobson v Griffey [2018] EWHC 1117 (Ch) provides a helpful reminder of the difficulties in cohabitation cases when seeking a share of a property that is held in another party’s sole name. The decision is that of HHJ Matthews sitting as a High Court Judge. The judgment considers the standard of Continue reading

Parents with learning difficulties – further guidance in a recent reported case dealing with the limits the courts will go to in applying Re D principles.

The President has issued further guidance on cases involving parents with learning difficulties: President’s Guidance Family Proceedings: Parents with a Learning Disability, 10th April 2018: He refers to the leading cases: Re D (A Child) (No 3) (2016) EWFC 1: http://www.familylawweek.co.uk/site.aspx?i=ed158421 and Re Guardian and A (Care Order: Freeing Order: Parents with a Learning Disability) Continue reading

Not “Parental Alienation”? but heading towards intractability? What can be done?

Many practitioners are accustomed to seeing cases that do not quite fall within the category of “parental alienation” yet are characterised by the resident-parent’s views impacting adversely on the arrangements for contact between the non-resident parent and the child and often, as a consequence, on the relationship between the child and non-resident parent.   Usually such Continue reading

Clarification on the correct application of qualified one-way costs shifting

This article explores the correct way Defendant’s added to a claim after April 2013 should approach qualified one-way costs shifting (“QOCS”) It explains how QOCS should be applied in respect of an unsuccessful claim for damages for personal injury. In particular, the article reviews the recent Court of Appeal decision in Corstorphine (An Infant) v Continue reading

Section 10(1)(b) Children Act 1989: Do Grandparents Always Have to Apply for a Child Arrangements Order?

As we are aware, in cases where grandparents are denied spending time with their grandchildren, they have to apply to the court to do so. Moreover, the procedure is a two stage process, with them having to apply for leave first and satisfying the conditions set down in Section 10(9) of the Children Act 1989. Continue reading

Employment Law Seminar

We are please to announce that Paul Tapsell and Rachel Baker will be presenting a seminar in Canterbury and Eastbourne. This seminar will cover the following topics: Employee, Worker or Self-Employed; Management Professionals, Shepherds and the Gig-Economy Discrimination Claims: A Practical Overview Canterbury Innovation Centre, University Road, Canterbury, Kent CT2 7FG – 15th May 2018 at 3.45pm The View Hotel, Grand Parade, Continue reading

Take “Hart,” Judges Will Use Their Powers Including Imprisonment To Punish Contempt In Relation To Non Production Of Documents.

Have you ever felt frustrated by the Courts’ reluctance to use its powers to enforce disclosure?   In the latest round in the long running bout of Hart v Hart, HHJ Wildblood QC sitting as a Deputy High Court Judge has sentenced the Husband (H) to 14 months imprisonment for contempt for failing to produce documents Continue reading

Larke v Nugus

A Larke v Nugus request is a request regarding the circumstances of drafting a Will. The starting point is the case of Larke v Nugus (1979) 123 SJ 327. It is a case I sometimes use when advising probate clients. The case held that the professional who drafted the Will should provide information about the drafting and Continue reading

Hair Strand Drug Testing Seminar 2018

We are please to announce that Kevin Jackson and Sandria Murkin will be presenting a Seminar in Canterbury. This seminar covers a range of topics involving hair strand drug testing within Family Children Act Proceedings. Venue: Canterbury Innovation Centre, University Road, Canterbury, Kent CT2 7FG – 26 April 2018 at 3.45pm Places are limited and should be booked early to Continue reading

The New CAFCASS Guidance and Private Law Children Proceedings – an UPDATE on the proposed new interventions

In my August 2017 article I considered the Cafcass document ‘Guidance on the use of professional time to benefit children’ (‘the Guidance’) in the context of private law children proceedings. While Cafcass believes it is crucial that the work it carries out before and at the First Hearing (FHDRA) should continue unchanged, it proposes to Continue reading

Ambulatory’ intentions and beneficial interests: where are we now?

As is well known, in cohabitation cases the court is seeking out the parties’ intentions in relation to their property.  Where a declaration of trust exists, this is conclusively binding.  Where none exists, the court must rely upon what was said and done to establish intentions.   So far, so straightforward. But what happens when it Continue reading

The 18th View from the President’s Chambers “The on-going process of reform – Financial Remedies Courts”

Last month, Sir James Munby published his 18th View from the President’s Chambers. “The on-going process of reform – Financial Remedies Courts” expands upon the 17th View (“divorce and money – where are we and where are we going?” [2017] Fam Law 607) and the “President’s Circular: Financial Remedies Courts” [2018] Fam Law 91. The Continue reading

Challenging a Grant of Planning Permission in your Local Area

THERE IS A 6-WEEK LIMITATION PERIOD WITHIN WHICH A GRANT OF PLANNING PERMISSION CAN BE CHALLENGED VIA THE METHODS OUTLINED BELOW. IF YOU THINK YOU WOULD LIKE TO CHALLENGE SOMEONE’S PLANNING PERMISSION CONTACT BECKET CHAMBERS FOR SPECIALIST PLANNING ADVICE ASAP. ________ When planning permission is granted for a local development or a neighbour’s extension despite Continue reading