Becket Chambers

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 →

My Ex husband (“H”) and I (“W1”) divorced years ago but didn’t sort out the finances. Now he is divorcing his new wife (“W2”), and there are financial proceedings going ahead. Can she claim against my assets? Put simply – she can claim against any of the ex husband’s assets. Whether or not she gets … Continue reading →

It is becoming more and more common to see cases where one side is represented, and one is not. So, if you are representing yourself (as a “litigant in person”), how do you deal with a barrister? The first thing to remember is that barristers, although instructed on behalf of your opponent, are professionals, and … Continue reading →

A little-known requirement of private landlords is causing big problems when it comes to relying on a section 21 notice to obtain possession.  The case of Superstrike Ltd v. Rodrigues [2013] EWCA Civ 669 (and subsequent cases in the county court) clarified that landlords must register a tenant’s deposit every time a fresh tenancy agreement … Continue reading →