Parental alienation is no longer a fringe concept in family courts. It has been the subject of recent press coverage and is now used frequently in court. It is also a term that should be used with caution and is easy to jump to as a parent who feels treated unfairly. Many relationship breakdowns involve … Continue reading
The restrictions placed on households due to Covid-19 have had a well-documented effect on victims of domestic abuse. The charity Refuge reported an 80% increase in calls to its National Domestic Abuse Helpline in June 2020 alone. Although a legal framework exists to offer protection to those in need, such help may be harder to … Continue reading
In Re B (A Child) (Unnecessary Private Law Applications) [2020] EWFC B44 HHJ Wildblood QC, in a case with a title that gets straight to the point, has sent a message directed at family lawyers. Its stated targets are ‘parties and lawyers’. However, given that litigants generally don’t read law reports, it’s a safe assumption … Continue reading
Summary In the first of two articles, I will provide a quick guide to housing disrepair claims where remedies of damages and/or specific performance are sought. Compensation or injury? It should be noted that claims primarily seeking compensation or specific performance against a landlord regarding disrepair to the structure, exterior, or specific installations of a … Continue reading
Having recently had several cases with pension complexities, reread the PAG report and authorities and attended two remote seminars on the same, it seemed sensible to write a short review of what seem to me to be the key issues on a subject that probably causes more trouble than any other in financial remedy proceedings. … Continue reading
This is an article on the above case which is significant for a number of reasons and should be considered when dealing with any application to oppose the making of an adoption order. This was an appeal made by a local authority against a decision in adoption proceedings concerning a child then aged 2 years … Continue reading
The Covid-19 pandemic has dominated the legal landscape throughout 2020 with many changes being made to the way professionals work as well as the rules they are subject to. There have been many amendments and additions made to the Civil Procedure Rules as a result of the pandemic, however they are not the only such … Continue reading
Court hearings are stressful occasions. New surroundings, pressure, and decisions being taken out of your hands. There is now an extra layer: the remote hearing. The concept is simple – because of the pandemic there cannot be as many (or in some situations, any) people at court. So, we will have hearings (at least in … Continue reading
As an ex dairy farmer turned Barrister, I am frequently asked two things: 1. Is it true that cows know when it is going to rain and sit down to keep the grass dry? 2. Can I pick up a dead pheasant (or other game bird) on the road? The first question is perhaps better … Continue reading
Re B (A Child) [2020] EWFC B44 A mother appealed the case-management decision made by a Legal Adviser that medical records relating to her for a period of 5 years should be disclosed into the case. HHJ Wildblood QC dealt with the substantive appeal in a Judgement that found the Order for disclosure to be … Continue reading
Paul Tapsell, a CMC-accredited civil mediator, extols the virtues of the CMC Fixed Fee Mediation scheme and virtual mediations. The present pandemic has resulted in a significant increase in the time it takes matters, especially civil claims, to get to court for a final hearing and those delays are only going to get longer so … Continue reading
The provisions of Practice Direction 12 J make it very clear that the court should determine as soon as possible whether it is necessary to conduct a fact finding hearing in relation to any disputed allegations of domestic abuse. The court may require a separate hearing: (a) In order to provide a factual basis for … Continue reading
This month sees the end of a unique first six for our pupil Christian Fox. Christian has spent the entirety of the non-practising part of his pupillage either in lockdown, or under the restrictions imposed as a result of the current Covid-19 pandemic. He has not physically been into our premises at all during that … Continue reading
“Pupillage” … Three years ago, I had never heard of the word. Now here I am into the fourth week of mine. If, three years ago, someone had stopped me on the street and explained that pupillage was the final step in qualification for aspiring barristers in which they would be sat in their living … Continue reading
In this article I will look at the recent decision of Mr Justice Moor in the case of RC v JC [2020] EWHC 466 (Fam) The brief facts of the matter are that the parties cohabited and were married for a total of 11 years. They had two children, aged 8 and 10. When they … Continue reading
We are delighted with the latest feedback provided in the Legal 500 guide. “Becket Chambers benefits from a strong presence in Kent, where it has offices in Canterbury, Dartford, Maidstone, and Tunbridge Wells, and also in Sussex where it has recently moved its Eastbourne annexe to new premises in Brighton. The set is best known … Continue reading
We are delighted to announce that Louisa Adamson and Christopher Wall have been ranked in the Chambers and Partners bar guide 2021 edition. 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, and matters involving domestic and sexual … Continue reading
Summary The recent judgment in CTD (A Child: Rehearing) [2020] EWCA Civ 1316 provides a useful summary of the relevant steps a court must take when considering an application to reopen findings of fact in a family case. Background This appeal concerned care proceedings involving 4 children that were originally concluded in August 2015 and … Continue reading
Separated parents face all sorts of challenges in relation to contact but these are always amplified around times of celebration. Each year in the run up to Christmas the Courts are filled with parents who simple cannot agree on where their children should be in the festive season. Covid has made this, already stressful time, … Continue reading
Events which lead to the successful re-opening of cases are known as “Barder” events, after the sad case of Barder v Barder (Caluori Intervening) [1987] 2 FLR 480, where a financial award to meet the needs of the wife and children was fundamentally undermined by the death of the wife and children weeks after the … Continue reading
Summary Every now and then, a court may make an “error” when giving judgment and making an order. There are circumstances where the judgment or order can be amended without giving notice to the other side and without the need for another hearing, but parties must be careful to ensure any amendments reflect the original … Continue reading
We are pleased to announce that Louisa Adamson and Holly Coates have been ranked in Legal 500, 2021 guide. Louisa Adamson – Becket Chambers ‘She is sharp and on the ball and, in a difficult situation and with challenging cases, adopts just the right tone to get the job done.’ Holly Coates – Becket Chambers … Continue reading
During these troubled times, when a reliable crystal ball would be helpful, the case of OC v AG [2020] EWFC 52 in which judgement was handed down on the 29th of July 2020, is of interest. The Facts The facts related to cross-applications by the Husband (OG) and the Wife (AG) in respect of financial … Continue reading
The question of varying a Rose order has had new light shed on it by Mr. Recorder Allen QC in G v C [2020] EWFC B35 (OJ). For those of you who are not family practitioners, there follows a brief fly-past of what constitutes a Rose order. Matrimonial finance specialists may wish to move straight … Continue reading
This is the section of the Act which gives the Court the power to restrict applications under the Children Act…it provides: “On disposing of any application for an order under this Act, the court may (whether or not it makes any other order in response to the application) order that no application for an order … Continue reading
I have recently been asked by a commercial tenant, and not for the first time, do I have a lease or a licence? One might imagine that the document in which the details are set out would be very explicit. It is not always that simple. Just because the office, workshop, car park or sheep … Continue reading
Background As a result of the current Covid-19 crisis, the backlog of cases is mounting, despite HMCTS’ commendable efforts to re-open courts and implement access to video, hybrid and telephone hearings. There are also reports of the crisis precipitating more cases than normal. Property possession claims wait in the wings, family and domestic abuse enquiries … Continue reading
When a Child Arrangements Order is made giving an applicant the right to spend time with his child, that order is underpinned by the enforcement provisions set out below. That order is sometimes frustrated by the party against whom it is made, who I will refer to as the party in breach. This article examines … Continue reading
Case Study N (Children: Interim Order/Stay [2020] EWCA Civ 1070 Decision of Lord Justice Peter Jackson. A helpful reminder of some basic principles _______________________________________________________________________________________ This successful appeal by the mother was dealt with on 29 July 2020 during the current COVID 19 restrictions. The facts are not as important as the principles which were dealt … Continue reading
Practice Direction 55C (‘PD55C’) came into force on the 23rd August 2020. It is a Practice Direction within the Civil Procedure Rules that provides temporary provision in relation to possession proceedings during the Coronavirus pandemic. PD55C provides a temporary modification to Part 55 during the period beginning on 20th September 2020, which is the end … Continue reading
To feel able to speak freely with your lawyer is a fundamental principle which is integral to the proper working of any justice system. A sine qua non. At common law, this principle takes the form of legal professional privilege. Legal professional privilege affords the client the legal right to withhold lawyer and client communications, … Continue reading
It is relatively common to see conduct pleaded by aggrieved litigants in financial remedy proceedings. It is far more unusual for such an argument to actually succeed and an award to be made reflecting such a finding. Section 25(2)(g) of the Matrimonial Causes Act 1973 states that conduct is only relevant “if that conduct is … Continue reading
Summary Following on from my previous article on civil injunctions, I will cover injunctions in a family law context, focussing on freezing injunctions in matrimonial finance proceedings and applications under the Family Law Act 1996. Freezing injunctions – when are they needed? In the event of a marriage irretrievably breaking down, typical stages of a … Continue reading
We are excited to announce that as of the 1 August 2020, our Sussex annexe will be moving to new premises in Brighton: Mocatta House Trafalgar Place Brighton BN1 4DU United Kingdom Please note that our Eastbourne address will therefore close for business
The Current Covid-19 pandemic has caused a great deal of change to the way legal proceedings are conducted and has also prompted a number of amendments to both the Civil Procedure Rules and Family Procedure Rules. As such one non-Covid-19 related amendment to the Civil Procedure Rules which may therefore have escaped the attention of … Continue reading
An article exploring the Expert Panel’s Final Report (June 2020): Why Change is Considered Necessary and Recommendations for Change My colleague Marie Crawford recently wrote about a story that appeared in The Guardian newspaper on 25.6.20 and which referred to the (then unpublished) expert panel report entitled ‘Assessing Risk of Harm to Children and Parents … Continue reading
Many parents find it difficult to agree on the arrangements for their children after separating. This can be an extremely stressful and upsetting situation for everyone concerned. The priority should be to shield the children from arguments wherever possible but what should you do when you receive an application for a Child Arrangements Order and … Continue reading
Summary In the first of two articles on injunctions, I provide a quick guide to injunctions in a civil law context, setting out the relevant legal and practical considerations in making or responding to applications. Injunctions are an equitable remedy, where a court has the discretion to either order a person to refrain from doing … Continue reading
In June 2020 the Family Justice Council (“FJC”) published its report on how to achieve best practice with respect to special guardianship orders. The report arrives in a climate where in recent years, family courts have made more special guardianship orders than placement orders and the proportion of special guardianship order has risen whilst the … Continue reading
I often deal with cases arising from the lack of reasonable financial provision for a spouse or children under a Will, or where a person has died without completing a valid Will. I hope this article will help people avoid some of the most common problems in those situations. While the starting point is that … Continue reading
A client who is successful in most forms of civil litigation can expect to recover some if not all their costs. Since the abolition of the Calderbank offer, it has been difficult to obtain cost orders in financial remedy litigation and the general rule is that the court will not make an order requiring one … Continue reading
When a person loses the mental capacity to make decisions for themselves (and they haven’t already put a power of attorney in place), those who care for them may need to apply to the Court of Protection (COP) to appoint a Deputy. In this article I will briefly sets out the differences between a lasting … Continue reading
The possibility of a detailed assessment of their costs under Section 70 of the Solicitors Act 1974 (the “Act”) is a possibility that all solicitors should be alive too. It is likely to be encountered in some sense during the course of a career and clients are becoming increasingly aware of the option. When a … Continue reading
The Domestic Abuse bill which is making its way through the legislative process and which was delayed as a result of the calling of the general election (and the prorogation of Parliament) has reached the report stage in the commons this week. It is expected to be amended to incorporate the reforms to the legislation … Continue reading
Two short but troubling issues in troubled times: Can the FR Appeal Court hold a one-sided oral permission hearing without formal notice to the Respondent? Does the pandemic/lockdown amount to a Barder event? Plus Arbitration simply is the answer, especially for children. Permission to Appeal Hearing I have recently had to consider whether it is … Continue reading
Summary Is a landlord of a block of flats entitled to grant a licence to a lessee to carry out work which would breach an absolute covenant contained in a lease of their flat, where the leases of other flats in the same building require them to enforce covenants at the request of a lessee … Continue reading
The issue of pensions in financial remedy proceedings is a complex area and has been subject to much change over the years. As many of you will be aware, the Pension Advisory Group (“PAG”) published a comprehensive report ‘A Guide to the Treatment of Pensions on Divorce’ in July 2019. It was a much-welcomed publication … Continue reading
This article seeks to provide a further update from my colleague Paul Tapsell’s article on residential possession and lease forfeiture proceedings during Covid-19. London Borough of Hackney v Okoro [2020] EWCA Civ 681 This case follows the Court of Appeal decision in Arkin v Marshall [2020] EWCA Civ 620 which was recently handed down on … Continue reading
Introduction On Halloween in 2003, the Service Charge (Consultation Requirements) (England) Regulations 2003 (the “Regulations”) came into force, amending section 20 of the Landlord and Tenant Act 1985 (“LTA 1985”). This amendment set a financial limit to works carried out on a residential building, beyond which a landlord would have to consult with tenants. That … Continue reading
Summary The recent judgment in S (Parental Alienation: Cult), Re [2020] EWCA Civ 568 provides a useful summary of the law concerning freedom of belief and parental alienation in contested child arrangements orders. The father (F) appealed the refusal of his application for a variation of a child arrangements order amidst continuing concern over the … Continue reading