Becket Chambers

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 →

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 →