“A grave and widespread problem….” is how Wilson J (as he then was) referred to the question of how can a spouse, usually the wife, who is ineligible for legal aid but has negligible capital, secure legal advice and representation in order to pursue her rights against her husband. [Sears Tooth (A Firm) v Payne … Continue reading
The case of Gore v Naheed [2017] EWCA 369 was recently decided in the Court of Appeal and considered the issue of costs when one party has failed to mediate. The facts of the case centred around a right-of-way dispute with the Claimant seeking an injunction against the neighbouring Defendant. In the first instance, the … Continue reading
When preparing a brief for a small claims trial it is not uncommon to read that “Counsel is instructed to seek unreasonable conduct costs”. Quite what such unreasonable behaviour amounts to is not defined by the CPR and this has in turn led to spurious applications being made and uncertainty over what behaviour the court … Continue reading
Article 1 of the Family Law Arbitration Children Scheme Arbitration Rules 2016 (1st Edition, effective, 18th July 2016) “The Family Law Arbitration Children Scheme (“the Children Scheme”) is a scheme under which disputes concerning the exercise of parental responsibility and other private law issues about the welfare of children may be resolved by the determination … Continue reading
The issue of setting aside a Consent Order in the context of non-disclosure was revisited in the recent case of Norman v Norman [2017] EWCA 120. The case, heard by the Court of Appeal on the 19th of January 2017, with Lady Justice King delivering the approved judgement, was an application for permission to appeal … Continue reading
A Beddoe application is a type of application to the court, made by trustees, for directions. The trustees ask for permission from the court to litigate (or continue to litigate) against someone not a party to the proceedings. There is a main application, which is the substantive case itself, and the Beddoe application. Common Beddoe … Continue reading
The Lord Chancellor announced on the 27th February the reduction in the discount rate to minus 0.75%. The change came into force on 20th March 2017. This is likely to result in a rise in a successful Claimants’ personal injury compensation payment. Many Claimants will therefore be keen to withdraw Part 36 offers previously made. … Continue reading