Becket Chambers

Often, when parents separate, there are young children involved, so it is important to set up a co-parenting model that can last for a significant period of time. Many parents feel that the most appropriate forum for such discussions is within mediation. If you have been able to reach a decision through negotiation, you can … Continue reading →

Interview season is a stressful time for most pupillage applicants but you need to ensure you don’t bury your head in the sand and instead go into your interviews prepared for whatever might be thrown at you. To assist you, Becket Chambers’ pupils have provided some of their top tips from their experiences below: Be … Continue reading →

Despite the judgement of Baron J Radmacher v Granatino [2010] UKSC 42 at para 84 that It is the court that determines the result after applying the Act. The court grants the award and formulates the order with the parties’ agreement being but one factor in the process and, perhaps, in the right cases, it … Continue reading →

When importing goods into the UK from a country which is not within the European Union a traveller is able to take advantage of what is commonly known as the ‘duty free allowance’ that is they are permitted to import certain quantities of dutiable goods without having to pay duty on those goods. The current … Continue reading →

Cara Radford assesses applications for possession by public authorities in light of the Public Sector Equality Duty and where cuckooing is an issue. Section 149 of the Equality Act 2010 (“the Act”) provides the Public Sector Equality Duty (“PSED”) which requires public authorities, in the exercise of its functions, to have due regard to the … Continue reading →

The scope of this article is to give a simplified overview of the issue of costs in respect of financial remedy proceedings. The starting point is to be found in rule 28.3 of the Financial Procedure Rules 2010 (“FPR”). As a general rule, in terms of FPR 28.3(5) and subject to FPR 28.3(6), in financial … Continue reading →

The Legal Framework Under Section 31(1) of the Children Act 1989 (“CA1989”), the Court may, on the application of any local authority or authorised person, make an order placing a child into the care of or under the supervision of the designated local authority. The Court may only make such an order if it is … Continue reading →

A Parliamentary inquiry started in February 2019, into the growing trend of local authorities to “farm out” vulnerable youngsters to care & foster homes far from their birth families, leaving them vulnerable to exploitation, just as a group of parents planned legal action to ensure their children are housed in residential care homes close to … Continue reading →

Where the cost of credit hire is claimed as part of a road traffic claim issues of enforceability are invariably considered by the Court and the Defendant. The matter usually arises after cross-examination of a Claimant who gives evidence that they were told that some other party would pay any such costs before signing the … Continue reading →

In the well-publicised case of Barton v Wright Hassall LLP [2018] UKSC 12, Lord Sumption, with whom Lord Wilson and Lord Carnwarth agreed (Lady Hale and Lord Briggs dissenting), stated: “The rules provide a framework within which to balance the interest of both sides. That balance is inevitably disturbed if an unrepresented litigant is entitled … Continue reading →

The case of C v C [2018] EWHC 3186 (Fam) concerned a Husband and Wife who had been married for approximately eight years. The parties married in May 2008 and separated in June 2016. Both parties were in their forties and shared two children, aged 9 and 6 respectively. Although both parties were educated professionals, … Continue reading →

The Court of Appeal has recently given judgment in Royal Mail Group Limited v Efobi [2019] EWCA Civ 18, Royal Mail’s appeal against the Employment Appeal Tribunal’s decision that, at first instance, a Tribunal had wrongly rejected Mr Efobi’s claim for direct race discrimination. The Court of Appeal’s decision has effectively restored the decision of … Continue reading →

Last year the High Court confirmed, in the case of Ayton v RSM Bentley Jennison & Others [2018] EWHC 2851 (QB), that a claimant is entitled to issue a claim purely for the purposes of recovering costs. In her judgment, Mrs Justice May ordered the defendants to pay more than £460,000 to the claimant for … Continue reading →

This is a very recent Court of Appeal Judgment in which there was a successful appeal of a fact-finding judgment in private law proceedings: A (Children) Re [2019] EWCA Civ 74 This particular case involves transnational marriage abandonment, an issue that the court appears to be grappling with more and more frequently. This a case, … Continue reading →

Since March 2018 the government have been consulting for a landmark Domestic Abuse bill. It seeks to legislate to “ fundamentally change the way we, as a country, think about this insidious crime.”  The draft bill was published on 21st January 2019 and focuses on 4 main objectives, i.e. how they can: promote awareness – … Continue reading →

Much of probate law is aimed towards future arrangements: what will happen after I die, how do I leave my estate to my children, whether to donate to the brexiteers or remainers. Sometimes however, the law allows us to deal with matters when things have gone wrong. From a contested wills & probate perspective, ensuring … Continue reading →

Cumulative Edition 2018 by Kevin Jackson Contents Civil Restraint Orders AEY v AL (Family Proceedings Civil Restraint Order) 18th November 2018 [2018] EWHC 3253 (Fam) Committal CH and CT 25th May 2018 [2018] EWHC 1310 (Fam) Egeneonu and Egeneonu and Anor 6th June 2018 [2018] EWHC 1392 (Fam) Egeneonu and Egeneonu 18th July 2018 [2018] … Continue reading →

QUARTERLY DIGEST OCTOBER to DECEMBER 2018 PUBLIC LAW Adoption BT & GT (Children: twins – adoption) [2018] EWFC 76 29th November 2018 Keehan J Care and placement orders were made in 2015 in respect of twins aged 5. The care plan was for a joint adoptive placement and failing that, joint placement with foster carers. … Continue reading →

QUARTERLY DIGEST October to December 2018 PRIVATE LAW Civil Restraint Orders AEY v AL (Family Proceedings Civil Restraint Order) [2018] EWHC 3253 (Fam) 18th November 2018 Knowles J The father had engaged in long running family proceedings regarding his three children. In the current proceedings the father made a further application for a child arrangements … Continue reading →

The recent case of Re A and B (children) [2018] EWHC 3491 (Fam) was a case heard in the High Court by the then President of the Family Division, Sir James Munby. It considered cross applications from a Local Authority (“LA”) and a journalist arising out of care proceedings brought by the LA which resulted … Continue reading →

What is the most ‘enduring’ or ‘the longest-lasting relationship’ you have…? It is with your siblings! Background: The case of Re H [2010] EWCA Civ 1200 revisited two important and developing principles in family law.  The first is a child’s right to know who is within their family, an issue that is likely to become … Continue reading →

Here are a couple of interesting recent examples of successful Human Rights Act claims against Local Authorities in respect of care cases: BT & GT (Children: twins – adoption) [2018] EWFC 76 This is a High Court case in which Keehan J granted two applications for adoption in respect of twins who had been placed … Continue reading →

The Scrap Metal Dealers Act 2013 created a new (and rigorous) statutory framework for individuals and companies dealing with scrap metal imposing significant criminal penalties for any breaches; more local authorities are becoming aware of the additional options for dealing with sites where unauthorised activities are leading to complaints and pressure from residents (and councillors). … Continue reading →

I suspect that for many, the perception of land law is that it involves hours of delving into musty files and poring over aged documents. Whilst this can sometimes be the case, it is an area of law which will often cast an interesting light on societal change. A recent Supreme Court decision is an … Continue reading →

Following consideration having been given and the determination made that the Mitchell/Denton principles apply in a given situation the mind must turn to the manner in which those principles are likely to be applied in the relevant circumstances. Given the nature of the discretion afforded to the court in an application for relief from sanctions … Continue reading →

Since the ending of legal aid in private law proceedings, it has become more frequent for cross examination to be conducted by litigants in person, including in cases where the court has deemed that there should be a fact finding hearing, before determining what if any contact should be ordered. The recent case of PS … Continue reading →

The Anti-Social Behaviour, Crime and Policing Act 2014 brought with it new powers in order to tackle anti-social behaviour (ASB). It introduced, amongst other things, the Criminal Behaviour Order (CBO), the civil injunction and the closure order. Local Authorities and Police Forces, amongst other organisations can apply for these; but when thinking about these powers, … Continue reading →

A recent appeal decision Re A and R (Children) [2018] EWHC 2771 (Fam) acts as a useful reminder of the question of appeals arising from fact finding hearings but also raises other issues routinely encountered in private law cases. The case concerned two boys aged 7 and 6 in respect of whom bitterly contested s8 … Continue reading →

When is something that appears to be a matrimonial asset not in fact a matrimonial asset and how does a non-matrimonial asset become a matrimonial asset and, what difference does it make? The very recent High Court case of IX v IY [2018] EWHC 3053 (fam) concerns this issue and, whilst my colleague Dean Thistle … Continue reading →

Following the implementation of the Mitchell/Denton principles compliance with rules and practice directions has become far more important than it previously had been. Whilst the additional clarification given in Denton has provided a greater understanding of what is expected when seeking to apply for relief from sanctions there remain many examples of misunderstandings and misinterpretations. … Continue reading →

The presence of Litigants in Person (LiP) in court proceedings is now commonplace. The proportion of cases that involve a LiP on both sides of a dispute continues to rise as do those cases where at least one party is a LiP. In the former, whilst of course not ideal as the assistance of a … Continue reading →

On the 16th November 2018 the Flexible Operating Hours (“FOH”) Pilots: Prospectus for Civil and Family Court Pilots was published. HM Courts and Tribunals Service (“HMCTS”) announced that early and late sittings will now be trialled over six months in civil and family courts in Manchester Civil Justice Centre and Brentford County Court, commencing in … Continue reading →

CHILDREN & SOCIAL WORK ACT 2017 This Act received Royal Assent on 27.04.17 and, although most of it is not yet in force (except section 10 and Schedule 1, which deals with placement in secure accommodation outside England and Wales) Chapter 1, section 1 of the Act is a helpful reminder of the following “corporate … Continue reading →

Whilst only 3 weeks into Pupillage, I can tell you that I both thoroughly enjoy being a Pupil barrister and that it is unlike any job I have ever done. Becket Chambers has been immensely welcoming to me and every member of Chambers has made an effort to chat, say hello and help me with … Continue reading →

Some time ago now I wrote an article about the Supreme Court case of Wyatt and Vince. That case explored the issue of whether a party to a marriage can make a claim many years after the marriage has ended; to which in short, the answer was, Yes. The recent High Court case of A … Continue reading →

QUARTERLY DIGEST PRIVATE LAW Disclosure Lancashire County Council v A, B, and Z (A Child Fact Finding Hearing Police Disclosure) [2018] EWHC 1819 (Fam) 25th July 2018 Knowles J This was a fact-finding hearing following the death of a child whilst in both parents’ care. During the trial, it became clear that the police held … Continue reading →

The Mental Capacity Act 2005 (“MCA”) introduced a framework for assessing mental capacity, enabling the court to assist persons who lack capacity to manage their affairs by taking decisions or by appointing decision-makers to act on their behalf. MCA is not retrospective and not relevant in considering the validity of wills made prior to 1 April … Continue reading →

This case involved two parties who had married in 2000 and subsequently separated in 2010. The marriage produced one child who continued to reside with the wife. On 10th December 2012, a final financial remedy order was made dividing the capital unequally in the wife’s favour in order to enable her to purchase accommodation for … Continue reading →

Committal CH and CT [2018] EWHC 1310 (Fam) Baker J The paternal grandmother (PGM) and her partner applied for a child arrangements order (CAO). A CAO was granted but M did not comply with the order. The PGM applied for enforcement of the order and argued that only a suspended sentence of imprisonment would make … Continue reading →

Fact-Finding: Ground Rules Re M-Y (Children) [2018] EWCA Civ 1306 McCombe and King LJs P was the eldest of 4 children. P alleged that she had been physically chastised by her mother (M) including punching and kicking and sexually assaulted by M’s partner (S), after moving from Romania to live with them in the UK. … Continue reading →

Those readers who follow legal stories in the press will not have failed to notice a spate of cases concerning end of life decisions. Last month, the Supreme Court ruled that an application may no longer be needed for an order to withdraw life-sustaining treatment for a person with a ‘prolonged disorder of consciousness’. “An … Continue reading →

Prohibited Steps Orders are often regarded as a protective means available to a parent who has concerns about another party involved with their child. Whether the issue be the removal of a child from the jurisdiction or simply an order preventing an individual from undertaking a certain act, perhaps naively, Prohibited Steps Orders are used … Continue reading →

Many claims under the Trust of Land and Appointment of Trustees Act 1996 (“the Act”) seek an order for sale of the property in question, however it may be the case that the claimant does not want the property to be sold, but instead to retain it as a sole owner, effectively removing a co-owner … Continue reading →