I was reminded recently in a case that it is possible to obtain financial support under Schedule 1 of the Children Act 1989 in certain circumstances. The facts in my case were that the Parents were divorced and there had been no financial orders made. The Father had the care of the children on an … Continue reading
Once again, there are rule changes afoot, relevant to the family lawyer. As of 03.10.2016, there will be amendments to the Family Procedure Rules, to be known as the Family Procedure (Amendment No 2) Rules 2016. They can be found here. For the family finance practitioner, rules 4 & 8 are of particular interest. Rule … Continue reading
This case concerns a successful appeal by prospective adopters against a decision to refuse an adoption order and grant an SGO to paternal grandparents and is of interest as the appeal raised the following issues: The approach to be taken in determining a child’s long-term welfare once the child has become settled in a prospective … Continue reading
Low value, road traffic accident personal injury claims worth between £1000 and £10,000 have a streamlined process. The Pre-Action Protocol prevents parties from incurring disproportionate costs. The Protocol involves a three-stage process in which stage 3 is a quantum hearing adopting the simplest procedure possible. The recent case of Phillip v Willis [2016] EWCA 401 … Continue reading
Since February 2016 private landlords in England have been required to carry out checks to ensure that those they let to have a ‘right to rent’. With penalties for non-compliance of up to £1,000 per tenant (or £80 per lodger) and rising to £3,000 (and £500) for repeat non-compliance, it is vital that landlords understand … Continue reading
A recent case I dealt with provides a useful illustration of ‘Murphy’s Law’ (“anything that can go wrong, will go wrong”), and highlights the importance of seeking the appropriate legal advice before taking any action Mr X refused to pay his Council Tax over a period of several years and owed over £6,000, so in … Continue reading
Prior to commencing proceedings there are a number of issues to consider such as the cause of action, any relevant limitation period, not to mention advising the client of the potential costs consequences. As such it is easy to overlook the more administrative matters such as ensuring that the correct court fee is paid. However … Continue reading
Last month The Telegraph reported that.. “thousands of divorce settlements could be left open to appeal because the Government’s new stamp duty surcharge is leaving estranged partners unable to buy their own home following a split”. The Telegraph further reported that “Experts said divorce lawyers were largely in the dark about the new law – … Continue reading
This case has afforded an important decision as well as being an excellent opportunity to review and consider the principles to be applied in cases of relocation and the different approaches to internal relocation and international relocation cases. This was carried out by Lady Justice Black in her judgment which carefully reviews all the authorities … Continue reading
I am often instructed in cases where people have been intercepted by Customs at a port, have been questioned about excise goods (tobacco or alcohol) they have brought in, and the goods and their car is seized. This article outlines the ‘condemnation procedure’ and some of the basic things that you need to know if … Continue reading
Many boundary disputes arise from misunderstandings or a lack of communication between neighbours, but rapidly escalate into cripplingly expensive litigation. It’s essential that if you’re affected (whichever side of the fence you’re on) you get proper legal advice from a Solicitor or Barrister before getting sucked into what could become acrimonious, stressful and lengthy proceedings. This article … Continue reading
The purpose of this article is to consider in the context of Financial Remedy, the issue of pension values and offsetting, especially in light of the case law and in particular, the case of WS v WS [2015] EWHC 3941 (Fam), [2016] am Law 564. The facts in WS v WS were briefly, that the … Continue reading
Having done my first enforcement application this week, I thought I would share this on the blog. Thankfully, these are fairly rare applications, ones that go beyond the first appointment at court are at any rate This is usually enough to bring the ‘offending’ party back into line. I represented a Father who had obtained … Continue reading
It may not be well known yet but, last week, the 18th July 2016, the Institute of Family Law Arbitrators (IFLA) launched the Family Law Arbitration Children Scheme (‘the Children Scheme’), by which private law children disputes may be dealt with by arbitration. This means that disputes over children may now be dealt with by … Continue reading
The Court of Appeal has given guidance as to when a court can and should suspend a possession order made under the Housing Act 1988 (relating to housing association or local authority tenancies). In City Westminster Housing Trust v Massey: Manchester & District Housing Association v Roberts [2016] EWCA Civ 704 the Court was dealing … Continue reading
CPR rule 57.7(1) reaffirmed the existing requirement that in order to bring a probate claim a party must have an “interest” in the estate.[1] Earlier authority[2] had established that a creditor of an estate does not have a sufficient “interest” in the estate to allow them to challenge the validity of a will. But what … Continue reading
Needs play a leading role in every case. In the majority of cases, needs plays the leading role. Not so much leading actress as the sole presence on the stage in a production written, directed and produced by needs. It is in the minority of cases where assets are of a sufficient size that needs … Continue reading
Each year the police send thousands of formal notices requiring information as to the driver of a motor vehicle that is alleged to have committed a road traffic offence. Failing to comply with s172 of the Road Traffic Act 1988 has become a frequent charge in the Magistrates Court. The section imposes a duty to … Continue reading
The recent decision in DB v DLJ (more below) led me to consider whether the relatively low take-up of arbitration as a means to resolving Family Financial issues between divorcing couples is as the result of a concern as to whether arbitration decisions have sufficient certainty to provide the divorcing parties with enough confidence in … Continue reading
I am very gratified in seeing the recent case of M v F (Covert Recording of Children) (2016) EWFC Peter Jackson J, were he gives yet another insightful and sensible judgment, this time in relation to the recording of children. I, like many other family practitioners I am sure, have had to deal with this … Continue reading
Section 21 of the Housing Act 1988 is a provision often used by landlords to gain possession of residential property on expiry of a tenancy. It is, by design, an ‘accelerated’ procedure which, usually, is a far more streamlined means for a landlord to gain vacant possession than the section 8 alternative. The Supreme Court … Continue reading
The long-running case of Vince v. Wyatt has finally reached a conclusion, a full 23 years after the parties divorced ([2016] EWHC 1368 (Fam)). For those of you who have been in a news bubble for the last few years, this was the case of the self-made eco-millionaire who refused to pay a financial award … Continue reading
A few weeks ago I attended the Resolution training on collaborative law. For those not acquainted with the concept, collaborative practice looks for a client-led solution to family disputes, with both sides being represented and agreeing their own arrangements at a series of four-way meetings. The lawyers and parties sign a commitment to work collaboratively, … Continue reading
In the complex arena of financial remedy proceedings there are many legal issues to navigate, however there are of course those elements that are seen as more of a procedural nature and as such can sometimes be neglected. One such aspect is the application for and granting of Decree Nisi, an issue recently considered by … Continue reading
Following on from the recent case of Marks & Spencer v BNP Paribas [2015] UKSC 72, the issue of implying a term into a lease has been revisited, this time by the Chancery Division of the High Court. Caselaw In Iceland Foods Ltd v Aldi Stores Ltd [2016] EWHC 1134 (Ch) the court was concerned … Continue reading
In all litigation, any correspondence can be read in (at least) two ways. One of them is often “angry or aggressive”. As a barrister of some little experience, I have, by my own estimate, read several hundred thousand letters between parties and/ or solicitors. These range from amicable and collaborative at one end, through to … Continue reading
On 18th February 2016 the Supreme Court reversed a notoriously problematic area of law in the judgement R. v. Jogee [2016] UKSC 8. The judgment marked a shift from the much criticized common law doctrine of joint enterprise. The Court ruled that foresight is evidence upon which intent may be inferred. It should not be … Continue reading
An amended version of a paper originally presented at the Becket Chambers’ Family Finance Seminar at Eastbourne, Dartford & Canterbury on the 8th, 9th & 11th February 2016. Bringing third parties into financial remedy proceedings is an extremely risky and potentially costly business. The two tales are cautionary in very different ways; the first being … Continue reading
The snappily-named Anti-Social Behaviour, Crime and Policing Act 2014 (‘ASBCPA’) introduced a number of provisions to strengthen the anti-social behaviour armoury. One such provision is the ‘absolute’ or ‘mandatory’ ground for repossession of a property where there has been a previous court finding of anti-social behaviour by a tenant or their household/visitors. It provides that … Continue reading
As is often the case, the first attempt at a new process is not perfect and requires tweaking as time goes on; cost budgeting is no different it would seem. Having noted that the budgeting process is utilising a great deal of court time and resources, efforts have recently been made to streamline the process; … Continue reading
A large majority of possession matters reach court because the defendant has failed to engage with the relevant Local Authority awarding housing benefits or they have failed to provide information when requested. The reasons behind such failures vary from mental health issues to a simple lack of insight. However, such failures often result in housing … Continue reading
Following the recent series of seminars in civil law, I have reduced my presentation to this short article. A number of the Part 36 offers I see are not valid. Regardless of the seniority of lawyer, or the experience of the individual drafting the offer, there are a number of potential pitfalls. The new Part … Continue reading
Section 31 of the Children Act 1989 sets out the ‘threshold criteria’ on which a Family Court can make a Care Order to a designated local authority in respect of a child. In a case I attended recently the father agreed that threshold was met but Counsel disputed the specific wording in the document. It … Continue reading
I was with counsel appearing for the Crown, prosecuting on behalf of the local authority. The Defendant had been in receipt of benefits from around 2008-2012. They had received a considerable sum, in the region of £50,000 in housing benefit and council tax benefit over this 4-year claim. The Defendant submitted a number of documents … Continue reading
Forming a partnership is an act achievable by anyone. Seasoned commercial veterans may enter into lengthy negotiations to determine their specific aims and roles within the partnership, or two friends having a drink in a bar may decide they have come up with a great idea and want to put it into action. The only … Continue reading
In Re D (A Child) (No 3) [2016] EWFC 1 Munby P has set out the key principles that are to be considered when dealing with cases involving parents with learning difficulties. The capacity of both parents to care for their child D was affected by their respective learning difficulties. D’s needs were also assessed … Continue reading
Part 25 Applications – A Practical Guide It could be said that this subject is not the most newsworthy area of family law at the moment, or the most attention-grabbing in terms of case law. Although having said that, there has been a recent Court of Appeal case on this very subject, which is factually … Continue reading
Nottingham City Council v. LW and others [2016] EWHC 11 (Fam) Mr Justice Keehan has given clear guidance on the procedure for seeking removal of a new-born baby. It particularly applies to cases where the Local Authority has been involved pre-birth. The key criticism from the judge was that care proceedings were issued 12 days … Continue reading
My experience since starting pupillage, in October 2015, has exceeded all expectations I had. I have been exposed to a variety of high quality work. As Becket is a mixed set, I have been able to gain experience and help from each member of chambers in their specialist area who have been supportive and encouraging. … Continue reading
In recent times the economic downturn has affected everyone, and commercial giants are no different. Well known brands have had to reconsider their business plans and in many instances look to cut costs. In the retail sector the largest cost is often that of the store itself. Making the decision to close a store is … Continue reading
In light of recent news that Michael Gove dispensed with Chris Grayling’s criminal court charges, following calls from the Justice Committee that the charge is incompatible with principles of justice, it is interesting that the Court of Appeal held that Michael Gove’s changes to legal aid, which have also been widely criticised, was lawful. The … Continue reading
Cuts to legal aid, rising legal costs and a reduction in resources have contributed to an ever-growing number of litigants in persons. Recently I was invited to attend a “CLOCK presentation”. CLOCK is a Community Legal Outreach Collaboration initially started in Keel. It aims to bring together members of the university, judiciary, barrister chambers, law … Continue reading
ESSENTIAL INFORMATION ON HOW THE PILOT SCHEME WILL OPERATE IN KENT The FDAC pilot scheme in Kent commenced on 7th February. It is due to run until March 2017 (the London pilot began in 2008 and is still going, so it is likely that the Kent scheme will continue after this date, particularly as Kent … Continue reading
1: The Ethos behind the Scheme: (a better way to treat parents in care proceedings and encourage a better outcome.) (Memories of Concurrency but with some major, very important differences?) Originally set up by DJ Nicolas Creighton at Inner London FPC in 2008 with funding from the Dept. for Children, Schools and Families, the Ministry … Continue reading
Our financial remedy practices would be far easier if our clients were squeaky-clean with nothing to hide. But what if that isn’t the case? What if your client has had a run-in with the Police and has a confiscation order made against them? What impact might that have on the divorce proceedings? First, a bit … Continue reading
Much of my commercial work relates to the interpretation of contract clauses. I am, in almost every case, asked how the court will interpret clause X. Over the years the courts have changed how they view commercial contracts. In Arnold v Britton [2015] 2 WLR 1593 the Supreme Court has, it would seem, reverted to … Continue reading
It is a sad fact of life in the family courts that the child’s welfare is not always paramount. For many parents, when considering the arrangements for where a child should live, they must take into account the impact of any such agreement on eligibility for housing, child support, child benefit and tax credits. This, … Continue reading
In advance of the forthcoming Becket Chambers seminar series, where I will be tackling the thorny topic of disclosure, here is a little taster in advance. According to FPR 2010 Part 21 and PD 21A, there are two stages of disclosure: Form E, and then the questionnaire. Or more precisely, the answers to questionnaire. Permission … Continue reading
Financial remedies cases frequently raise the issue of cohabitation after a marriage has ended in cases involving awards for maintenance, whether in the initial proceedings, on appeal or variation applications later, under S31 MCA 1973. Common to them all is, the court determines that issue as one of the relevant factors in the case. Where … Continue reading
An Important Matter arising from last week’s Kent Family Justice Board Seminar: The Kent and Medway Family Drug & Alcohol Court Having attended the Family Justice Board Seminar last week and with the permission of District Judge Batey, it seemed to me that it might be helpful to highlight for all what appear to be … Continue reading