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