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  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. Earlier authority 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