A few weeks ago I attended the Resolution training on collaborative law. For those not acquainted with the concept, collaborative practice looks for a client-led solution to family disputes, with both sides being represented and agreeing their own arrangements at a series of four-way meetings. The lawyers and parties sign a commitment to work collaboratively, … Continue reading
In the complex arena of financial remedy proceedings there are many legal issues to navigate, however there are of course those elements that are seen as more of a procedural nature and as such can sometimes be neglected. One such aspect is the application for and granting of Decree Nisi, an issue recently considered by … Continue reading
Following on from the recent case of Marks & Spencer v BNP Paribas [2015] UKSC 72, the issue of implying a term into a lease has been revisited, this time by the Chancery Division of the High Court. Caselaw In Iceland Foods Ltd v Aldi Stores Ltd [2016] EWHC 1134 (Ch) the court was concerned … Continue reading
In all litigation, any correspondence can be read in (at least) two ways. One of them is often “angry or aggressive”. As a barrister of some little experience, I have, by my own estimate, read several hundred thousand letters between parties and/ or solicitors. These range from amicable and collaborative at one end, through to … Continue reading
On 18th February 2016 the Supreme Court reversed a notoriously problematic area of law in the judgement R. v. Jogee [2016] UKSC 8. The judgment marked a shift from the much criticized common law doctrine of joint enterprise. The Court ruled that foresight is evidence upon which intent may be inferred. It should not be … Continue reading
An amended version of a paper originally presented at the Becket Chambers’ Family Finance Seminar at Eastbourne, Dartford & Canterbury on the 8th, 9th & 11th February 2016. Bringing third parties into financial remedy proceedings is an extremely risky and potentially costly business. The two tales are cautionary in very different ways; the first being … Continue reading
The snappily-named Anti-Social Behaviour, Crime and Policing Act 2014 (‘ASBCPA’) introduced a number of provisions to strengthen the anti-social behaviour armoury. One such provision is the ‘absolute’ or ‘mandatory’ ground for repossession of a property where there has been a previous court finding of anti-social behaviour by a tenant or their household/visitors. It provides that … Continue reading
Save the date. We will be running another civil seminar on 16th November 2016 (Eastbourne) and 18th November 2016 (Canterbury). Details to follow in due course.
As is often the case, the first attempt at a new process is not perfect and requires tweaking as time goes on; cost budgeting is no different it would seem. Having noted that the budgeting process is utilising a great deal of court time and resources, efforts have recently been made to streamline the process; … Continue reading
A large majority of possession matters reach court because the defendant has failed to engage with the relevant Local Authority awarding housing benefits or they have failed to provide information when requested. The reasons behind such failures vary from mental health issues to a simple lack of insight. However, such failures often result in housing … Continue reading
Following the recent series of seminars in civil law, I have reduced my presentation to this short article. A number of the Part 36 offers I see are not valid. Regardless of the seniority of lawyer, or the experience of the individual drafting the offer, there are a number of potential pitfalls. The new Part … Continue reading
Marie Crawford’s most recent article has been published in Family Law Week, it considers the disconnection between theory and practice in making applications to adduce expert evidence.
Section 31 of the Children Act 1989 sets out the ‘threshold criteria’ on which a Family Court can make a Care Order to a designated local authority in respect of a child. In a case I attended recently the father agreed that threshold was met but Counsel disputed the specific wording in the document. It … Continue reading
I was with counsel appearing for the Crown, prosecuting on behalf of the local authority. The Defendant had been in receipt of benefits from around 2008-2012. They had received a considerable sum, in the region of £50,000 in housing benefit and council tax benefit over this 4-year claim. The Defendant submitted a number of documents … Continue reading
Forming a partnership is an act achievable by anyone. Seasoned commercial veterans may enter into lengthy negotiations to determine their specific aims and roles within the partnership, or two friends having a drink in a bar may decide they have come up with a great idea and want to put it into action. The only … Continue reading
In Re D (A Child) (No 3) [2016] EWFC 1 Munby P has set out the key principles that are to be considered when dealing with cases involving parents with learning difficulties. The capacity of both parents to care for their child D was affected by their respective learning difficulties. D’s needs were also assessed … Continue reading
We are delighted to announce that Rachel Baker has accepted an offer to join Becket Chambers from 31st May 2016. Prior to joining Chambers Rachel worked as a Senior Crown Prosecutor for the CPS.
Part 25 Applications – A Practical Guide It could be said that this subject is not the most newsworthy area of family law at the moment, or the most attention-grabbing in terms of case law. Although having said that, there has been a recent Court of Appeal case on this very subject, which is factually … Continue reading
Nottingham City Council v. LW and others [2016] EWHC 11 (Fam) Mr Justice Keehan has given clear guidance on the procedure for seeking removal of a new-born baby. It particularly applies to cases where the Local Authority has been involved pre-birth. The key criticism from the judge was that care proceedings were issued 12 days … Continue reading
My experience since starting pupillage, in October 2015, has exceeded all expectations I had. I have been exposed to a variety of high quality work. As Becket is a mixed set, I have been able to gain experience and help from each member of chambers in their specialist area who have been supportive and encouraging. … Continue reading
In recent times the economic downturn has affected everyone, and commercial giants are no different. Well known brands have had to reconsider their business plans and in many instances look to cut costs. In the retail sector the largest cost is often that of the store itself. Making the decision to close a store is … Continue reading
In light of recent news that Michael Gove dispensed with Chris Grayling’s criminal court charges, following calls from the Justice Committee that the charge is incompatible with principles of justice, it is interesting that the Court of Appeal held that Michael Gove’s changes to legal aid, which have also been widely criticised, was lawful. The … Continue reading
Cuts to legal aid, rising legal costs and a reduction in resources have contributed to an ever-growing number of litigants in persons. Recently I was invited to attend a “CLOCK presentation”. CLOCK is a Community Legal Outreach Collaboration initially started in Keel. It aims to bring together members of the university, judiciary, barrister chambers, law … Continue reading
ESSENTIAL INFORMATION ON HOW THE PILOT SCHEME WILL OPERATE IN KENT The FDAC pilot scheme in Kent commenced on 7th February. It is due to run until March 2017 (the London pilot began in 2008 and is still going, so it is likely that the Kent scheme will continue after this date, particularly as Kent … Continue reading
1: The Ethos behind the Scheme: (a better way to treat parents in care proceedings and encourage a better outcome.) (Memories of Concurrency but with some major, very important differences?) Originally set up by DJ Nicolas Creighton at Inner London FPC in 2008 with funding from the Dept. for Children, Schools and Families, the Ministry … Continue reading
Our financial remedy practices would be far easier if our clients were squeaky-clean with nothing to hide. But what if that isn’t the case? What if your client has had a run-in with the Police and has a confiscation order made against them? What impact might that have on the divorce proceedings? First, a bit … Continue reading
Much of my commercial work relates to the interpretation of contract clauses. I am, in almost every case, asked how the court will interpret clause X. Over the years the courts have changed how they view commercial contracts. In Arnold v Britton [2015] 2 WLR 1593 the Supreme Court has, it would seem, reverted to … Continue reading
It is a sad fact of life in the family courts that the child’s welfare is not always paramount. For many parents, when considering the arrangements for where a child should live, they must take into account the impact of any such agreement on eligibility for housing, child support, child benefit and tax credits. This, … Continue reading
In advance of the forthcoming Becket Chambers seminar series, where I will be tackling the thorny topic of disclosure, here is a little taster in advance. According to FPR 2010 Part 21 and PD 21A, there are two stages of disclosure: Form E, and then the questionnaire. Or more precisely, the answers to questionnaire. Permission … Continue reading
Financial remedies cases frequently raise the issue of cohabitation after a marriage has ended in cases involving awards for maintenance, whether in the initial proceedings, on appeal or variation applications later, under S31 MCA 1973. Common to them all is, the court determines that issue as one of the relevant factors in the case. Where … Continue reading
An Important Matter arising from last week’s Kent Family Justice Board Seminar: The Kent and Medway Family Drug & Alcohol Court Having attended the Family Justice Board Seminar last week and with the permission of District Judge Batey, it seemed to me that it might be helpful to highlight for all what appear to be … Continue reading
In today’s judgment of Re N (Children) (Adoption: Jurisdiction) [2015] EWCA Civ 1112 the President of the Family Division has an important message for family practitioners but, particularly, for local authorities. From paragraphs 157 to 171 he provided a tour de force of the problems with s.20 and the best practice that should be followed. … Continue reading
Chambers is proud to annouce that Holly Coates and Paul Tapsell have been ranked in the Chambers and Partners Guide 2016 under Local Government. Chambers has also been ranked as a Leading Set. THE SET Canterbury-based Becket Chambers operates across Kent and Sussex, and acts for a variety of clients, although it is best recognised for its work on behalf of local … Continue reading
Chambers are proud to annouce that both Louisa Adamson and Christopher Wall have been ranked in the Chambers and Partners Guide 2016 under Family/Matrimonial (South East). Louisa Adamson focuses on children and financial remedy matters and is highly experienced in care proceedings, disputes concerning physical and sexual abuse and residence disputes. She also undertakes financial disputes concerning property, assets … Continue reading
We are pleased to welcome Jessica Brown to Chambers support staff. Jessica will be based at our Eastbourne annexe.
We are delighted to announce that Gayle Ashley has accepted an offer to join Becket Chambers from 2nd November 2015. Gayle was previously an in house advocate at Gerard Maye Legal.
This issue recently gave rise to a novel point of law, which was considered by the Designated Judge at Canterbury, sitting as a Deputy High Court Judge. Quick Summary In most cases, if parents refuse to consent to an adoption medical there will be an interim public law order in place and the court will … Continue reading
There are changes afoot with solicitor CPD. The Law Society has released a practice note about the changes, which you can read here. When? Solicitors may move to the new system as of 1 April 2015 or they may remain under the old system until 1 November 2016 when they must move to the new … Continue reading
Following the Becket Chambers summer series of seminars in Canterbury, Dartford, and Eastbourne, below is a very condensed précis of one of the talks – legal services orders. There are two regimes to be aware of: Costs Allowances (the old regime); and Legal Services Orders. Costs Allowances Although I refer to CA’s as the old … Continue reading
Following a death, relatives and dependents can contest a Will by going to court. There is no requirement for any person to be provided for in a Will. But if someone you depend on dies, and they haven’t left you either a) anything, or b) enough to get by on, you may be able to … Continue reading
In the Law Society Gazette 22nd June 2015, an article was written at page 20 on the current position for court bundles. It is ESSENTIAL reading for solicitors and litigants in person preparing bundles for court. In brief summary, the current position is thus: There is no concept of a single core bundle with supporting … Continue reading
In light of recent headlines last week about the abduction of a 3 year old child by his Mother Rebecca Minnock, child abduction is very much in the news. In this article Marie Crawford looks at abduction by removal to a Hague Convention country and the most sweeping changes to this area of law made … Continue reading
The Supreme Court’s decision in the case of Wyatt v Vince [2015] UKSC14 is of vital importance to divorcing, and divorced, couples underlining the need always to obtain final settlement orders with respect to the financial claims which arise from a marriage. It is a real problem for many people with the unavailability of legal … Continue reading
In March 2015 I wrote of the emerging case-law which provided for HMCTS to fund legal representation in specific circumstances. The cases of Q v. Q [2014] EWFC 31 and Re K and H [2015] EWFC 1 are examples of the court directing that representation of litigants-in-person must be funded by the Court Service for … Continue reading
The recent case of MAP v. MFP [2015] EWHC 627 gives guidance on this very question. In financial remedy proceedings section 25(2)(g) of the Matrimonial Causes Act 1973 allows for conduct to be taken into account when “it would in the opinion of the court be inequitable to disregard”. A line of case-law, most notably … Continue reading
The President of the Family Division has ruled that PD 30A 14.1 of the Family Procedure Rules – which states that consent orders in financial provision proceedings can only be challenged by way of appeal – was ultra vires. It is therefore a nullity and leaves in place the power of the family court to … Continue reading
Should full costs be awarded automatically if a claim is lost following the payment of a deposit? In the recent case of Oni v Unison the tribunal held that it does NOT necessarily follow that a full costs order will be made against the losing party, even if that losing party has previously paid a … Continue reading
Becket Chambers has experienced a surge in applications under the Trusts of Land and Appointment of Trustees Act 1996 (‘TOLATA’) in which former cohabitees are seeking an order for sale or declaration of their interest in a property. The first thing to note is that if you are not married, the court does not have … Continue reading
Since the introduction of Legal Aid reforms many parties who allege domestic violence are able to secure funding for representation, subject to meeting a number of (onerous) conditions. The alleged perpetrators, however, usually cannot. Where the allegations come to be considered by the court (either in the context of contested non-molestation proceedings or where a … Continue reading
In Wyatt v Vince, the Supreme Court considers the court’s jurisdiction under rule 4.4 of the family rules. The Supreme Court has unanimously allowed Ms. Wyatt’s appeal after the Court of Appeal had struck out Ms. Wyatt’s claim for financial provision under rule 4.4. The full Judgment can be found here. Edward Kenny, instructed by … Continue reading