July 2017

Can a Schedule 1 Children Act Application be Barred by Reason of the Issue Having Been Covered in the Earlier Financial Remedy Final Order?

I recently had a hybrid Child Arrangements Order, Specific Issue Order (Schools) and Schedule 1 Children Act case where the Husband/Father argued that because the Financial Remedy final order had referred to the issue of school fees in the preamble, recording that the Wife would endeavour to pay half and that the parties would review Continue reading

Costs Budgeting in the Court of Appeal: Harrison v University Hospitals [2017] EWCA Civ 792

As any civil lawyer will know, a fundamental aim of the “Jackson Reforms” was to limit parties’ expenditure on costs in an attempt to keep the costs of litigation proportionate to the value and issues at stake.  Since 2013 parties in multi-track cases (generally speaking those with a value over £25,000) have been required to Continue reading

Family Children Seminar

Marie Crawford and Gayle Ashley will be presenting a seminar at the View Hotel, Eastbourne on 20th September 2017 from 3.45pm. This seminar will cover a range of topics within Family Children Act proceedings, please contact clerks@becket-chambers.co.uk for more information or to book a place.

“The elephant trap of premature remarriage”: the dangers of ignoring section 28(3) of the MCA 1973

Many of us will have experience of section 28 of the Matrimonial Causes Act 1973 (‘MCA 1973’). Regular reference is made to section 28(1A) which allows the court to prohibit any application under section 31 to extend the term of a periodical payments order. We all regularly use section 28(1), which provides that the remarriage Continue reading

Costs Budgeting: When is a Good Reason Required?

As is often the case when a new procedure is introduced, the requirements and boundaries of that procedure are often tested in several different ways to enable practitioners to find its limits, to that extent costs budgeting has been no different. Case Law In Harrison v University Hospitals Coventry & Warwickshire NHS Trust [2017] EWCA Continue reading