As 2017 fast approaches, it is likely that most personal injury practitioners will be facing the New Year with some trepidation. On 11th November it was announced that Lord Justice Jackson has been asked to review the situation with regards to civil litigation costs. Amongst other things, the suggestion is that proposals will be made … Continue reading
On Thursday 27th October 2016, Becket Chambers hosted a seminar spanning a wide range of civil topics covering recent case law and updates. The aim of the seminar was to bring together Local authority lawyers, civil practitioners and other professionals. One of the cases discussed at length during the course of the seminar was the … Continue reading
Parties are advised that if they do not attempt mediation or other forms of ADR then there may be cost consequences, but what are those consequences in practice? Conversely, if one party has been trying to mediate throughout proceedings but has been met with refusals by the other side, is there anything they can do … Continue reading
The President’s Guidance in relation to split hearings issued in May 2010 stated that split hearings “…are taking place when they need not do so and are taking up a disproportionate amount of the Court’s time and resources..”. Court time and resources have, if anything, become even more scarce today in 2016 so how can … Continue reading
Louisa Adamson, Holly Coates and Christopher Wall attended the Kent Family Justice Conference on 23rd November 2016, each giving a talk on the various options within ADR. The talks were very well received by the audience, which included Solicitors, Barristers, Judges and Social Workers.
Lawyers are repeatedly reminded of the need to comply carefully with the various (and often onerous) requirements of the Civil Procedure Rules. Any deviation from their path can lead to heavy sanctions for the defaulting party and a stern telling off in Court. The Court of Appeal’s approach when considering the application of CPR 39.3 … Continue reading
Identifying The Problem Court proceedings involving the phenomenon of the ‘excluded parent’ can take many forms. Such cases are variously described as parental alienation/ hostility, intractable contact, chronic litigation disputes etc. There is no definition of these terms but as practitioners we encounter them quite regularly and we recognise them when we see them. Getting … Continue reading
Initiated by the President (Munby, not Trump!), the Sussex Settlement Conferences pilot begins in January 2017, beginning in Brighton but with the aim of extending across Sussex. This new process can be applied to any Family Law case – public or private – to aid resolution. It seems that the potential for the process to … Continue reading
In Re W (Minors) [2016] EWHC 2226 (Fam), Mostyn J provides guidance in respect of the duration of without notice orders. This case concerned three sets of proceedings by the parties following the breakdown of their relationship: High Court proceedings issued by the father; an application by the mother for a non-molestation order in the … Continue reading
Chambers are proud to announce that both Louisa Adamson and Christopher Wall have been ranked in the Chambers and Partners Guide 2017 under Family/Matrimonial (South East). 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 is adept at dealing with cases involving parents … Continue reading
A common sight in most, if not all, long leases of residential property is the phrase ‘such consent not to be unreasonably withheld,’ but what does that provision actually mean? The High Court recently considered the point in relation to assigning or underletting a lease of residential premises. Case Law The case of No.1 West … Continue reading
Whilst addressing the Chartered Institute of Arbitrators at its recent mediation symposium, Lord Justice Briggs set out his recommendations for the future of the civil dispute resolution process. Briggs proposed a three-stage process whereby cases would first be referred to an automated ‘triage’ where the merits of the case would be considered, followed by arbitration … Continue reading
We are delighted to announce that Lavinia Glover has accepted an invitation to join Chambers following the successful completion of her pupillage. Lavinia will continue to practice in all of Chambers core areas.
In many cases clients are keen to obtain Decree Absolute, the final stage of the formal divorce process. For some it’s a time to grieve, for others a chance to host a Divorce Party. There are some circumstances, however, when there are good reasons to delay it. One such reason may be the risk to … Continue reading
The Becket Chambers Commercial Team deals with all types of business organisation- from listed companies to sole traders. A surprising number of disputes come from partnerships, when two or more friends or relatives have set up a business informally, and there is, later, a disagreement as to what each partner may, or may not do. … Continue reading
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
Chambers are pleased to announce that we have been recommended as a leading set in the Legal 500 2016 guide. “Experienced in all areas of family law, Becket Chambers is ‘extremely easy to work with – helpful, supportive and committed’. Members are active in public and private law children matters, family injunctions, divorce and financial … 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
We are delighted to welcome Pat Messer who has recently joined Chambers as Administration Assistant. Pat will be based at our Eastbourne annexe.
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] Fam Law 564. The facts in WS v WS were briefly, that the … Continue reading
We are pleased to announce that Christopher Wall has qualified as an Arbitrator through the Family Law Arbitration scheme by which family financial remedy disputes may be dealt with by arbitration. Christopher is now a Member of the Chartered Institute of Arbitrators. He is the only barrister practising from a chambers in Kent qualified to … 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
Philip Newton has qualified as an Arbitrator through the Family Law Arbitration Children Scheme (‘the Children Scheme’), by which private law children disputes may be dealt with by arbitration. Philip is currently the only Barrister qualified as a children arbitrator practising in Kent.
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
Save the date. We will be running another civil seminar on 16th November 2016 (Eastbourne) and 18th November 2016 (Canterbury). Details to follow in due course.
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