Becket Chambers

Financial remedy lawyers are familiar with the Form P1 Pension Sharing Annex under section 24B of the Matrimonial Causes Act 1973. It records the instructions for how to share a party’s pension and who is to bear the cost, and also contains the parties’ details. It is approved by the court and sent to pension … Continue reading →

Early childhood deprivation through neglect and adversity is associated with alterations in the brain structure as adults, despite environmental enrichment in intervening years, according to an article published on the Proceedings of the National Academy of Sciences of the USA (PNAS) on 7.1.2020. The research, carried out by King’s College London, examined the MRI data … Continue reading →

This article explores the recent judgment in Re A (Children) (Parental alienation) [2019] EWFC. Re A is a long, drawn out case involving a mother’s repeated inability to promote the children’s relationship with their father. Professionals concluded that she had at best “allowed the demonisation of the father and, at worst, actively encouraged this demonisation … Continue reading →

This article discusses a recent case whereby the court found that as the Defendant’s employee had failed to report an issue with a passenger lift, they had not acted reasonably. Therefore, the Defendant had been in breach of s2 of the Occupiers Liability Act 1957. The Background The Claimant had been staying at one of … Continue reading →

Faced with the competing claims of transparency and privacy, free speech and family life, family law will always incline towards the latter. Its first instincts are protective, guarding the intimacies and lives of its own subject families and, particularly, its children.[1] First and foremost, family proceedings are and remain private matters. This fundamental principle holds … Continue reading →

The Civil Procedure Rules (CPR) provide for fixed costs in certain elements of civil proceedings, including Small Claims, Fast Track hearings, ‘Stage 3’ hearings and possession claims. This means that any costs applied for that are not those within the fixed costs regimes are unlikely to be awarded by the Court, unless certain factors apply. … Continue reading →

As family practitioners we all frequently deal with cases where parental alienation and/or implacable hostility is alleged. The recent case of Re H (Parental Alienation) [2019] EWHC 2723 (Fam) is one of the recent cases where the Courts are prepared to change residence. This case is also interesting because the subject child was 12, which … Continue reading →

Parties named in a court order must follow the order. A party found to be in breach of an order may be fined, imprisoned, ordered to undertake unpaid work or have their assets seized. The penalty is at the discretion of the court. It is important to view each breach in context of the circumstances … Continue reading →

In October 2019, Mrs Justice Lieven DBE considered an application by a husband that the wife’s divorce proceedings, and the decree absolute, should be set aside for breaches in relation to service of the proceedings. The case gives an insight into when the courts may consider proceedings for divorce void or voidable and is a … Continue reading →

Earlier this year the conflicting authorities of Bhusate v Patel [2019] EWHC 470 (Ch) and Cowan v Foreman and others [2019] EWHC 349 (Fam) cast doubt on the use of standstill agreements in respect of claims intended to be brought under section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”). … Continue reading →

Further to my previous article on pre-nuptial agreements, I have recently had cause to consider the overlap between the various possible vitiating factors, particularly undue influence and legal advice. Following on from Lord Phillip’s consideration in Radmacher of the vitiating or weight reducing factors of duress, fraud, misrepresentation, undue pressure and unworthy conduct such as … Continue reading →

This article provides an update on the mediums that one can serve a claim form and also some of the issues of serving a claim form with modern technology. CPR Part 6 provides guidance on the service of documents. The most common methods of service are by first class post, document exchange or via email. … Continue reading →

This article explains the key points about Part 36 offers and provides top tips for avoiding common pitfalls. Part 36 of the Civil Procedure Rules (“Part 36”) is a self-contained set of rules designed to encourage both the Claimant and Defendant to settle the claim outside of court. Any offer made under Part 36 is … Continue reading →

In my article written in April 2018 “Not “Parental Alienation”? but heading towards intractability? What can be done” I discussed some of the challenges facing the courts where adult conflict threatens to harm the relationship between children and their parents. Two cases decided in 2019 consider further the question of transfer of residence in cases … Continue reading →

COSTS Timokhina v Timokhin [2019] EWCA Civ 1284 Lord Justice Underhill, Lady Justice King and Lord Justice Moylan Judgment:      18th July 2019 These proceedings concerned the parties’ two children aged 15 and 8. The parents were Russian, who moved to London in 2004. Following the breakdown of the marriage, bitter court proceedings ensued in relation to … Continue reading →

In the vast majority of private law cases the issue of habitual residence in respect of a child does not pose an issue. When drafting the orders for the court the section in the CAP template dealing with “habitual residence” is usually filled out without really thinking. Where there is a dispute however, how is … Continue reading →

The purpose of this article is to draw attention to 2 recently reported cases dealing with third party trusts. Both emphasise the position that the courts will take in relation to such trusts. In essence third parties cannot be compelled by the court to make lump sum orders. In  Daga v Bangur [2018] EWFC 91 a … Continue reading →

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 →

The High Court recently handed down a judgment in a case where the Judge had to determine the sequence in which the elderly parents of two step-sisters died in order to distribute the couple’s joint assets to the appropriate beneficiary. The Facts On the 11th October 2016 Mr Scarle, aged 79, and Mrs Scarle, aged … Continue reading →

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 →

The purpose of this article is to provide a brief update to my previous article dealing with pensions and pension offsetting.  It will be recalled that my previous article dealt in particular with the case of WS v WS [2015] EWHC 3941 (Fam) and the fact that the Duxbury calculations were used to ascertain future … Continue reading →

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 →

“He tried to strangle me” – what meaning would you give to that statement? Would you give it a different meaning if you saw it as a comment on Facebook, as opposed to it being within a newspaper article? Would you split the sentence up and give it a meaning dependant on the definitions of … Continue reading →

This article is intended for those who are representing themselves at a court hearing, known as ‘litigants in person,’ as well as those who will be legally represented but will be attending a court hearing for the first time, have never done anything like this before, and may not have met and discussed their case … Continue reading →

Post separation, it is often the case that parties remain emotionally and sometimes financially still intertwined. The recent case of MB v EB  [2019] EWHC 1649 (Fam) considers the impact of parties’ conduct when determining the length of marriage. At a preliminary hearing, Cohen J was asked to determine the length of the parties’ marriage and … Continue reading →

In May 2019, the Court of Appeal considered an appeal by the father of a 6 month old child F, against a finding that he inflicted harm upon the child. The child presented with petechial haemorrhaging of a pattern that the experts had never encountered before, and which they could not explain. The case gives … Continue reading →

On 15th July 2019 the Government announced a change to the calculation of personal injury compensation. From 5th August the “discount rate” applied in compensation calculations will be raised from -0.75% to -0.25%. The announcement has been met with slight relief by those acting for Claimants and with displeasure from insurance companies who are, in … Continue reading →

The purpose of a recital in an order may be, amongst other things, to record the parties’ non-binding expression of intent. Recitals are often used to cover issues that the court could not otherwise order, e.g. “neither party should denigrate the other”. A recital is different to a direction being recorded in the body of … Continue reading →

This is a quick refresher on S.91(14) Orders as a consequence of the most recent case concerning this subject: Re N (children) [2019] EWCA Civ 903. Although not changing the previous position, and in fact endorsing what we previously understood about the not insignificant amount of law in respect of such orders. This was an … Continue reading →

Section 4 of the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”) provides that claims under section 2 of the Act must be made within six months of the date on which the representation with respect to the estate is taken out, unless the court gives permission for such a claim to be … Continue reading →

The recent decision of Cameron (Respondent) v Liverpool Victoria Insurance Co Ltd (Appellant) [2019] UKSC 6 is an interesting insight into service of untraceable and unidentified drivers that are liable for road traffic accidents. This case concerned an appeal in the Supreme Court on the question of “in what circumstances is it permissible to sue … Continue reading →

The primary purpose of a will is to distribute any property that you own in the event of your death. The receivers of such property are called beneficiaries. In addition to leaving a sum of money to loved ones, it is common for an individual to leave a sum to a charity or other organisation. … Continue reading →

Y and E (Children) (Sexual Abuse Allegations) [2019] EWCA Civ 206 Judgment: 21 February 2019 Baker and Underhill LJJ and Sir Patrick Elias The child was aged 12 by the time of the appeal. In 2010, a year after the parents separated, the child began to suggest that she had been sexually abused by her … Continue reading →

Re G (Children: Fair Hearing). [2019] EWCA Civ 126 On the first of these two issues this was a procedural appeal against interim care orders by a mother who stated that she was subjected to improper judicial pressure that led to orders being granted without opposition by her. The appeal was heard by Lord Justice … Continue reading →

Despite the significant cultural and social developments in society, the law governing divorce has remained largely the same since 1969 when the Divorce Reform Act was passed. After many discussions and attempts to change the law, the Government has finally decided that reform is necessary. Current Basis for Divorce When you apply for a divorce … Continue reading →

Bundles have always been the bane of the civil lawyer’s life. 10 different courts, 10 different approaches, and 10 shades of adherence to the CPR. From 6th April this year, the rules changed for the worse better. If you are preparing for a trial under the CPR, you should take a look at the new … Continue reading →

The Facts My client received an electricity bill in the sum of about £13,000 in respect of a tenanted, residential premises within a farm complex he owned; he disputed liability as the tenants of the premises were contractually liable for the costs of their services and the premises were separately metered (and, in any event … Continue reading →

The very recent decision of Mostyn J in Ipekci v McConnell [2019] EWFC 19 illustrates the fragility of Pre-Nuptial Agreements (“PNAs” hereafter) from one end (vitiation) and the same case and other recent decisions do so from the other end (the extent to which they bind the court even if valid). These two ends of … Continue reading →

I have previously written an article on Arbitration.   That article focussed on the case of DB v DLJ [2016] EWHC 324 (Fam) in which Mostyn J confirmed that there are very limited ways in which an arbitral award can be challenged under ss 67, 68 and 69, Arbitration Act 1996; i.e. correction, challenge or appeal … Continue reading →

Assertions of adverse possession (or “squatter’s rights”), where an individual is entitled to claim ownership of land by virtue of the fact that they have used the land as their own for an extended period, are frequently the cause of prolonged and expensive litigation. The Land Registration Act 2002 was intended, in part, to prevent … Continue reading →

After turning up at Folkestone Magistrates’ Court on my first day (April Fools’ Day) and observing my first case, cash forfeiture under the Proceeds of Crime Act 2002, I was extremely relieved that pupillage did exist and was excited to see what the next twelve months had in store for me. Since then time has … Continue reading →

The recent case of Re: ABCDEF (Fact Finding: Honour Based Violence) 2019 EWHC 406 dealt with the subsidiary issue of when a costs order can be made against an expert witness. The relevant facts are these. An application for a Child Arrangements Order, by the father for the relevant child to ‘spend time ‘ with him … Continue reading →

The important thing to remember about mediation is that it is your process. There are many ways that you and the mediator can tailor the available options to make the process one that is truly bespoke. Some of those options are set out below: Gathering financial information: Whether as part of the Court process or … Continue reading →

First, make contact with the mediation clerks, who will provide you with some information and send you a referral form to complete. Complete your referral form and return it to the mediation clerks, who will then set up an initial session for you to attend with the mediator (on your own). Attend an intake/MIAM session … Continue reading →

Do I have to mediate before I go to Court? Mediation is a voluntary process, so you’re under no obligation to mediate before making an application to Court. But there IS a requirement that, before making an application to Court in respect of finances or children (unless any of the exemptions apply), you attend an … Continue reading →