The Family Court is seeing an increasing number of cases where property is (or is asserted to be) owned by a third party. As more parents assist children with purchasing a home or friends buy with friends, it is ever more likely that a financial provision case will involve consideration of who owns what. Here … Continue reading
Improving Child and Family Arrangements (“IFCA”) is the relatively new service being offered by Cafcass and which is designed to “help families agree safe, beneficial and sustainable spending time with arrangements when they are finding it difficult to do so on their own”. It is a replacement for the Child Contact Intervention programme which was … Continue reading
We are pleased to announce that we have been recommended as a leading regional set in the Legal 500, 2022 guide. Christopher Wall – “Christopher has an excellent grasp of cases with a laser-like focus. He is cool and measured throughout contentious and complex proceedings and always delivers superb results” Louisa Adamson – “She is realistic … Continue reading
We are pleased to welcome Magdalena Cass who started her pupillage on 1st October 2021.
To us Brits, proud of our unswerving fidelity to the tradition of judicial discretion, the pre-nuptial agreement has, traditionally, been viewed as an American curiosity. A handy plot device for saucy straight to video B-movies, and that thing which, when finally revealed at the end of the episode, gives Columbo the motive he was missing … Continue reading
Continuing their valiant efforts to make pensions and pension sharing more accessible to all, the Pension Advisory Group – made up of lawyers, academics and finance professionals – has released further resources to assist the general public. The Group is best known for its seminal report, ‘Guidance on the Treatment of Pensions on Divorce’, … Continue reading
Samuel Davis, representing the Respondent, successfully opposed a number applications in the High Court, including an application for a freezing injunction and obtained two totally without merit certifications. The judgment can be found here Re Q June 2021 FINAL[1] and on Bailii here. The Case has featured in a Family Law Week Update and on … Continue reading
Samuel Davis, led by Adam Solomon QC, acted for Ashford Borough Council in a successful claim under the Protection from Harassment Act 1997 against Fergus Wilson, a man who has previously been described in the press as ‘Britain’s Most Controversial Landlord’. The judgment can be found here and press coverage here.
CCTV can often be said by people to be a ‘breach of human rights’ but is that correct? And can CCTV be considered a breach of the right to a private family life? The recent Court of Appeal matter of Molloy v BPHA Limited [2021] EWCA Civ 1035 (“Molloy”) considered that question, alongside other matters … Continue reading
Does it matter whether the returning country is a contracting State of The Hague Convention? The recent case of J v J (Return to Non Hague Convention Country) 2021 EWHC 2412 demonstrates quite dramatically that in cases where a child has been taken from a non Hague Convention country to the United Kingdom, summary return … Continue reading
In July, in the form of an appendix to his judgment in A v A (Arbitration: Guidance) [2021] EWHC 1889 (Fam), Mostyn J issued guidance, agreed and approved by the President of the Family Division, for the correct procedure to follow when challenging or seeking to implement an arbitral award. The case itself concerned a … Continue reading
Choice between placement order/adoption or long term foster care/SGO with foster carers with a care plan for an open adoption. Mother’s appeal against making of a placement order. This case concerned four children, A, B, C & D. The children were removed from the care of the mother and her partner Mr. S at the … Continue reading
Introduction As August turns into September and children up and down the country return to school, I thought it might be interesting to consider a subject which put me in mind of my own school days. Whilst dealing with a Family Law Act application, a member of Chambers had to grapple with an unusual defence … Continue reading
Background: The combined effect of sections 1 and 39 of the Act is that on application of an entitled applicant the court may discharge a care order or replace it with a supervision order, in which case there is no requirement for the s 31(2) threshold to be crossed (the threshold for making a care … Continue reading
The husband was aged 66 and the wife aged 61. The parties’ relationship began in 2015 when the husband immediately began providing the wife with financial support, paying her between £5000 – £10,000 per month. The parties became engaged in 2016 married in 2017 and separated in 2019. The parties disagreed over the date of … Continue reading
As the restrictions on international travel and quarantine requirements are relaxed (at time of writing) many people’s thoughts will inevitably turn to foreign travel and, often, the opportunity to purchase and bring back duty-free or “duty paid” goods purchased en route or in countries with lower rates of duty, respectively. However, any traveller returning into … Continue reading
I was recently instructed in a claim which turned on whether an employee of the Defendant business had the requisite authority to enter into a contract on the Defendant’s behalf. In this article I will provide an overview of the circumstances in which an employee of a business can enter into a contract on its … Continue reading
Introduction In this article, I will examine, in overview, the implications of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 for landlords and tenants in the context of private residential properties. Further guidance for creditors (landlords) and debt advisors can be found online. … Continue reading
DOMESTIC ABUSE and FACT-FINDING HEARINGS Summary: This article considers the recent Court of Appeal case of Re H-N and Others (Children) (domestic abuse: findings of fact hearings) [2021] EWCA Civ 448 which sets out guidance on matters relevant to the court process when considering domestic abuse and fact-finding hearings. This article also considers the … Continue reading
Having read my colleague Jasraj Sanghera’s excellent article on flight delay and cancellation claims, I found myself remembering the times during lockdown when I’d have given anything to be on a delayed flight, as it would have meant I had left the house! Now life seems to be slowly returning to normal we can begin … Continue reading
1. In this article I shall set out the legal background to enforcing child maintenance payments made in the courts of England and Wales when the receiving parent lives outside the United Kingdom from 01 January 2021. I shall also briefly explain the necessary applications to be made and subsequent steps to be taken. I … Continue reading
‘DON’T YOU OPEN THAT TRAP DOOR COS THERE’S SOMETHING DOWN THERE’ Or ‘Do not wait until the last minute to tell your client what will happen at their virtual hearing’ For those readers old enough to remember the 1980’s cartoon ‘The Trap Door’, the reference needs no introduction. For those however of a newer vintage … Continue reading
In recent times, the housing market has seen a significant uptake with many reporting that house prices have risen in the last year at their fastest rate for over a decade. With many attributing the current boom in the housing market to the stamp duty holiday period, the question is now being posed what will … Continue reading
Why is it important to show that the parties are “associated persons” for the purposes of FLA 1996 (FLA 1996)? When the court make an injunctive order such as a Non-Molestation or Occupation Order, certain criteria must be met. We are all aware that it is only possible to apply for such an order under … Continue reading
Summary The recent case of X and Y (private law – change of name – termination of parental responsibility) [2021] EWFC B24 provides a useful summary of the law around parental responsibility and any application to discharge parental responsibility in respect of one parent (and in this case, to change a child’s surname also). Background … Continue reading
In TT (Children: Discharge of Care Order) [2021] EWCA Civ 742 the Court of Appeal sets out the tests to be applied on an application to discharge a care order and also considered the relevance of attachment theory in welfare evaluations. Mostyn J’s approach to these issues in the recent case of GM v Carmarthenshire … Continue reading
Following on from Edward Kenny’s article last month on Maintenance Pending Suit, it seemed logical to think next about spousal maintenance at final hearing but, of course at that point thoughts automatically turn to the Court of Appeal’s decision in Waggott v Waggott [2018] EWCA Civ 727, 2 FLR 406 and, what seemed at the … Continue reading
Monaco or Bust? Litigating about where to litigate! In this article I consider the recent decision of the High Court in Re C (A Child) [2021] EWFC 32 in which Sir James Munby sitting as a High Court Judge, gave judgment on a preliminary issue as to whether the English court had jurisdiction to … Continue reading
By now there are numerous articles dealing with the validity of S.21 notices post Deregulation Act 2015 (“DA”). However, recently I have encountered a number of cases where there is still some confusion. This seems to be surrounding the DA and the validity of a S.21 notice being served where the prescribed requirements have not … Continue reading
Despite various amendments over the years, many thought the wording of Part 81 was unsatisfactory, repetitive, and unnecessarily complicated. Following a consultation exercise by the Civil Procedure Rules Committee from March-May 2020, the committee proposed a new approach to Part 81 which: omitted nearly all the substantive law; dealt with procedure in the Rules, not … Continue reading
Tree Preservation Orders are a statutory mechanism by which trees, groups of trees or woodland can be protected. For some time, these have been a means for a Local Planning Authority to maintain the nation’s arboreal diversity in the face of an increasing demand for housing and corresponding boom in developments. As this demand for … Continue reading
Conversations in Family Law In conversation…… Louisa Adamson and Mel Andrews, Family Law barristers continued…. Part 2: Court Hearings “Covid-Style”, supporting clients and working mothers Part 1 link here Mel: So you have been to Court for “in-person” hearings – how has that been? Louisa: I remember being quite worried about going back into court … Continue reading
In conversation…… Louisa Adamson and Mel Andrews, Family Law barristers Part 1: Court Hearings “Covid-Style”, supporting our clients and “wellness” Louisa: Hi Mel – when we met last week for an al fresco lunch it was the first time I had seen you other than on Zoom for over a year. It was lovely to … Continue reading
The Domestic Abuse Act 2021 became law after the House of Lords withdrew their opposition to the Bill following a dispute over how best to monitor stalkers and abusers. The Lords had pressed for legal changes to the Bill to ensure offenders would be automatically monitored via a police database. The government rejected this, arguing … Continue reading
Flexible tenancies were introduced by the Localism Act 2011 and are a type of secure council tenancy with a fixed term. Whilst intended to assist local authorities in having greater control over their properties enabling them to re-allocate the same to their tenants on expiry, flexible tenancies were not as popular as had been anticipated … Continue reading
Holidays abroad… remember those? Most of us are looking forward to being able to go on holiday abroad again in the, hopefully, not too distant future. But holidays abroad aren’t all fun and sun. There can be unenjoyable aspects to travelling abroad. In particular, one unpleasant surprise can come when you get to your boarding … Continue reading
In this article I shall examine the rules surrounding costs in Landlord and Tenant possession claims stemming from Assured Shorthold Tenancies and give a guide for Landlords in respect of the two most common forms of possession proceedings. The process of recovering one’s property from a tenant can be a stressful, time consuming and expensive … Continue reading
We are pleased to announce that Christian Fox has accepted an offer of tenancy following the successful completion of his pupillage. Christian is developing a busy practice in all areas of Family Law and General Civil Law.
The purpose of this article is to consider the issue of Mesher Orders in the context of Financial Remedy proceedings. Mesher Orders arise and are used in Financial Remedy proceedings, when in all the circumstances in terms of section 25 of the Matrimonial Causes Act 1973 (“the Act”), it is appropriate for a property (normally … Continue reading
Re estate of Anna Rea (deceased) Rea v Rea and others [2021] EWHC 893 (Ch) Anna Rea died in 2016. There were two wills, the first in 1986, dividing the estate equally between her four children. The second will in 2015 left her entire estate to one of her children, Rita. As expected the other … Continue reading
In Rattan v Kuwad [2021] EWCA Civ 1, the Court of Appeal considered “an important point of principle as to the approach which the court should take to the determination of an application for maintenance pending suit.”[1] Moylan LJ, giving lead judgment (Macur LJ and Asplin LJ agreeing), allowed the Wife’s appeal and determined that … Continue reading
In this article I will, briefly, set out what a default judgment is, when and how it can be obtained and how it can be set aside. I will then set out the principles that the Court should consider when determining costs following the hearing of an application to set aside default judgment. Default Judgment … Continue reading
Residential Possession Claims It is already well known that the Coronavirus Act 2020 (“CVA 2020”) has created a series of issues for both landlords and tenants. Colleagues Paul Tapsell and Nicole Jennings have both written about the implications for possession proceedings when the first lockdown was initiated. The ability of a landlord in either … Continue reading
We are pleased to welcome Nathanael Harding who started his pupillage on 1st April 2021.
In the recently reported case of T & R (Children)(Refusal of Placement Order) [2021] EWCA Civ 71, the Court of Appeal had to determine an appeal made by a local authority and guardian against the refusal of the trial judge to make placement orders in respect of two young children. The case is of particular … Continue reading
I have previously written on the Anti-Social Behaviour, Crime and Policing Act 2014 (“the Act”) in my article entitled ‘Using powers to prevent anti-social behaviour to protect, not punish’; that article looked at whether powers under the Act could be used in a way different to that that is normally expected. This article will consider … Continue reading
The consent order is drafted, the ink on the judge’s signature is almost dry, and everyone is raising a glass in self-congratulation. The family home is to be sold, the proceeds divided and a clean break provided for. A great result. Except when the family home won’t sell. For 3 years. And only then at … Continue reading
S-F (A Child) [2017] EWCA Civ 964 (Leading judgment given by Sir Ernest Ryder, Senior President) I was recently very helpfully reminded of this 2017 case which is perhaps not too well-known as it raises no new issues of law or principal and the issue on appeal was described as ‘clear and simple’— was the … Continue reading
I dealt recently with a claim for adverse possession which arose from a fairly unusual set of circumstances. My client had purchased two lock-up garages at auction in 1985 for the sum of £2,100; the garages were part of a residential estate which had been constructed by a large-scale Developer on previously agricultural land. For … Continue reading
Allegations of domestic abuse are usually raised from the outset by either the applicant or respondent in private law proceedings. Further allegations may be raised at the safeguarding stage, with recommendations by Cafcass as to whether there should be a fact finding hearing, before final resolution of the case. Where the allegations are of violence … Continue reading