Vulnerable witness, domestic abuse and special measures- the importance of ensuring a fair trial.

This article explores the approach a court should take in relation to vulnerable witnesses, in particular those that have experienced domestic abuse. The recent case of H v F [2020] EWHC 86 (Fam) demonstrates that a case will be successful on appeal if the correct procedures are not complied with. Re H v F [2020] Continue reading

Parental alienation- the duty to identify at an early stage or risk getting it wrong.

This article explores the recent judgment in Re A (Children) (Parental alienation) [2019] EWFC. Re A is a long, drawn out case involving a mother’s repeated inability to promote the children’s relationship with their father. Professionals concluded that she had at best “allowed the demonisation of the father and, at worst, actively encouraged this demonisation Continue reading

Disability discrimination and possession proceedings

Background Paragon Asra Housing Limited (“the Appellant”) is a provider of social housing. Mr Neville (“the Respondent”) was an assured tenant of the Appellant. Under Clause 3 of the Respondent’s tenancy agreement there were a number of- quite standard – obligations. These included: – barring him from using the flat for illegal or immoral purposes; Continue reading

Further reform to Personal Injury – Crackdown on gastric illness in holiday claims

Introduction Hot on the heels of The Association of British Insurers (ABI) (in response to an apparent increase in whiplash claims) The Association of British Travel Agents (ABTA) has campaigned for reform in package holiday gastric illness claims. Personal Injury reform is a topic that I have previously explored under “Personal Injury Claims- further reform Continue reading

Clarification on the correct application of qualified one-way costs shifting

This article explores the correct way Defendant’s added to a claim after April 2013 should approach qualified one-way costs shifting (“QOCS”) It explains how QOCS should be applied in respect of an unsuccessful claim for damages for personal injury. In particular, the article reviews the recent Court of Appeal decision in Corstorphine (An Infant) v Continue reading

The Judicial College Guidelines 14th Edition. The need for intelligent application rather than a rigid approach.

In September 2017, the 14th Edition of the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases were published. This new addition has been updated to take into account inflation since the 13th Edition (which was published September 2015). The award across all categories has been increased in line with the Continue reading

The Landlord and Tenant Act 1954- is a tenant now deprived of their security of tenure?

The Landlord and Tenant Act 1954 regulates the way in which business tenancies can be terminated. Importantly, it gives business tenants security of tenure. However, that security has been called into question recently in the case of S Franses Ltd v The Cavendish Hotel (London) Limited [2017] EWHC 1670 (QB). In July 2017, judgment was handed Continue reading

Stage 3 Road Traffic Accident- power to transfer proceedings.

Low value, road traffic accident personal injury claims worth between £1000 and £10,000 have a streamlined process. The Pre-Action Protocol prevents parties from incurring disproportionate costs. The Protocol involves a three-stage process in which stage 3 is a quantum hearing adopting the simplest procedure possible. The recent case of Phillip v Willis [2016] EWCA 401 Continue reading

Life as a Pupil Barrister

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

Litigants in person in Kent

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