September 2019

CARE PROCEEDINGS AND THE NEED FOR THE COURT TO DETERMINE THRESHOLD WHEN MAKING A SPECIAL GUARDIANSHIP ORDER

The impetus for this article arises from care proceedings in which I was recently involved resulting in an unopposed SGO being made to the foster carers. I was instructed on behalf of the child who was aged 4 at the time of the final hearing. The background is not important but the threshold issues included Continue reading

Intentionally Homeless Decisions – Where the starting point should be on affordability

This article will look at the recent judgment given in Samuels v Birmingham City Council [2019] UKSC 28 (“Samuels”) and the legislation regarding homelessness and intentionally homeless decisions. The Appellant, in the case of Samuels, was an assured shorthold tenant of a property where she lived with her 4 children. Due to rent arrears, in Continue reading

Title: Reviewing the recent Court of Appeal decision relating to the availability of contractual rectification in cases involving a common mistake in the case of FSHC Group Holdings Ltd v Glas Trust Corporation Ltd

The Court of Appeal recently considered the availability of rectification as a remedy in cases where there is a common mistake in FSHC Group Holdings Ltd v Glas Trust Corporation Ltd [2019] EWCA Civ 1361. In the case the Claimant sought rectification of two deeds against the Barclays Bank plc as security agent for the Continue reading