Becket Chambers

Becket Family Mediation – the process – a brief overview of the steps

First, make contact with the mediation clerks, who will provide you with some information and send you a referral form to complete. Complete your referral form and return it to the mediation clerks, who will then set up an initial session for you to attend with the mediator (on your own). Attend an intake/MIAM session Continue reading

Child Arrangements Orders: How can I make the Court process more positive for me and for my child(ren)?

Often, when parents separate, there are young children involved, so it is important to set up a co-parenting model that can last for a significant period of time. Many parents feel that the most appropriate forum for such discussions is within mediation. If you have been able to reach a decision through negotiation, you can Continue reading

PSED, Cuckooing and Possession

Cara Radford assesses applications for possession by public authorities in light of the Public Sector Equality Duty and where cuckooing is an issue. Section 149 of the Equality Act 2010 (“the Act”) provides the Public Sector Equality Duty (“PSED”) which requires public authorities, in the exercise of its functions, to have due regard to the Continue reading

Credit Hire: Enforceability and Irving

Where the cost of credit hire is claimed as part of a road traffic claim issues of enforceability are invariably considered by the Court and the Defendant. The matter usually arises after cross-examination of a Claimant who gives evidence that they were told that some other party would pay any such costs before signing the Continue reading

When do the Rules Apply? Are Litigants in Person Always to be Held to the Same Standards as Represented Parties Following Barton v Wright Hassall?

In the well-publicised case of Barton v Wright Hassall LLP [2018] UKSC 12, Lord Sumption, with whom Lord Wilson and Lord Carnwarth agreed (Lady Hale and Lord Briggs dissenting), stated: “The rules provide a framework within which to balance the interest of both sides. That balance is inevitably disturbed if an unrepresented litigant is entitled Continue reading

Race Discrimination: Evidence & Inference after Royal Mail Group Limited v Efobi

The Court of Appeal has recently given judgment in Royal Mail Group Limited v Efobi [2019] EWCA Civ 18, Royal Mail’s appeal against the Employment Appeal Tribunal’s decision that, at first instance, a Tribunal had wrongly rejected Mr Efobi’s claim for direct race discrimination. The Court of Appeal’s decision has effectively restored the decision of Continue reading

Third Six Pupillage Vacancy

A vacancy has arisen for a third six pupil with the opportunity to apply for a full tenancy during or at the conclusion of the pupillage. The successful applicant will be joining a friendly and modern set, with a collegiate atmosphere and a forward-thinking approach. Becket Chambers offers an attractive combination of high quality work Continue reading

Are the Government finally tackling Domestic Abuse and how will it help victims in the family court? The Domestic Abuse Bill.

Since March 2018 the government have been consulting for a landmark Domestic Abuse bill. It seeks to legislate to “ fundamentally change the way we, as a country, think about this insidious crime.”  The draft bill was published on 21st January 2019 and focuses on 4 main objectives, i.e. how they can: promote awareness – Continue reading

Summary of Case Law (Private Family Law: Children)

Cumulative Edition 2018 by Kevin Jackson Contents Civil Restraint Orders AEY v AL (Family Proceedings Civil Restraint Order) 18th November 2018 [2018] EWHC 3253 (Fam) Committal CH and CT 25th May 2018 [2018] EWHC 1310 (Fam) Egeneonu and Egeneonu and Anor 6th June 2018 [2018] EWHC 1392 (Fam) Egeneonu and Egeneonu 18th July 2018 [2018] Continue reading

SUMMARY OF RECENT CASE PRIVATE LAW (FAMILY: CHILDREN)

QUARTERLY DIGEST October to December 2018 PRIVATE LAW Civil Restraint Orders AEY v AL (Family Proceedings Civil Restraint Order) [2018] EWHC 3253 (Fam) 18th November 2018 Knowles J The father had engaged in long running family proceedings regarding his three children. In the current proceedings the father made a further application for a child arrangements Continue reading

Scrap Metal Dealers Act 2013

The Scrap Metal Dealers Act 2013 created a new (and rigorous) statutory framework for individuals and companies dealing with scrap metal imposing significant criminal penalties for any breaches; more local authorities are becoming aware of the additional options for dealing with sites where unauthorised activities are leading to complaints and pressure from residents (and councillors). Continue reading

Using powers to prevent anti-social behaviour to protect, not punish

The Anti-Social Behaviour, Crime and Policing Act 2014 brought with it new powers in order to tackle anti-social behaviour (ASB). It introduced, amongst other things, the Criminal Behaviour Order (CBO), the civil injunction and the closure order. Local Authorities and Police Forces, amongst other organisations can apply for these; but when thinking about these powers, Continue reading

Consideration of the Application of the Mitchell/Denton Principles and What Constitutes an Abuse of Process

Following the implementation of the Mitchell/Denton principles compliance with rules and practice directions has become far more important than it previously had been. Whilst the additional clarification given in Denton has provided a greater understanding of what is expected when seeking to apply for relief from sanctions there remain many examples of misunderstandings and misinterpretations. Continue reading

Open All Hours? Flexible Operating Hours for Family and Civil Courts

On the 16th November 2018 the Flexible Operating Hours (“FOH”) Pilots: Prospectus for Civil and Family Court Pilots was published. HM Courts and Tribunals Service (“HMCTS”) announced that early and late sittings will now be trialled over six months in civil and family courts in Manchester Civil Justice Centre and Brentford County Court, commencing in Continue reading

Life as a Pupil Barrister

Whilst only 3 weeks into Pupillage, I can tell you that I both thoroughly enjoy being a Pupil barrister and that it is unlike any job I have ever done. Becket Chambers has been immensely welcoming to me and every member of Chambers has made an effort to chat, say hello and help me with Continue reading

Chambers & Partners Ranking, 2019

We are pleased to be ranked in the Chambers & Partners 2019 Bar guide. Both Christopher Wall and Louisa Adamson have been individually ranked for Family/Matrimonial. Louisa Adamson A highly experienced family lawyer and mediator who is particularly esteemed for her work in public law children cases, including care and adoption proceedings. She acts for a Continue reading

Legal 500, 2018 guide

We are pleased to announce that we have been recommended as a leading regional set in the Legal 500, 2018 guide. “Family law is the keystone area of expertise at Becket Chambers; members represent local authorities, children, guardians and parents in TOLATA cases, family finance matters and public and private children law, with an increase Continue reading

Annie are you OK, are you OK Annie? [at this precise moment in time whilst completing your last will and testament]

The Mental Capacity Act 2005 (“MCA”) introduced a framework for assessing mental capacity, enabling the court to assist persons who lack capacity to manage their affairs by taking decisions or by appointing decision-makers to act on their behalf. MCA is not retrospective and not relevant in considering the validity of wills made prior to 1 April Continue reading

Tattersall v Tattersall – periodical payments, enforcement before variation?

This case involved two parties who had married in 2000 and subsequently separated in 2010. The marriage produced one child who continued to reside with the wife. On 10th December 2012, a final financial remedy order was made dividing the capital unequally in the wife’s favour in order to enable her to purchase accommodation for Continue reading

Samuel Davis

We are delighted to announce that Samuel Davis has accepted an offer to join Chambers following the successful completion of his pupillage. Samuel will accept instructions in all of Chambers core practice areas. To book Samuel or for more information about his practice, please contact the Clerks on 01227 786331.