April 2018

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