After the breakdown of a marriage, a multitude of issues can arise in quantifying assets as part of resolving the family finances. Expert evidence can cut to the heart of these issues, providing impartial, clear analysis for parties to base negotiations on as part of reaching a settlement. Potential examples for the utility of such … Continue reading →

My second six at Becket Chambers began on 1st April 2022. Thankfully, not everyone thought it was an April fool. The first month has flown by at lightning speed. For anyone curious about the pupillage mystery or wondering what it’s like being on your feet in the regions, look no further.  Here’s a breakdown of … Continue reading →

In the recent case of K v. K. [2022] EWCA Civ 468 the Court of Appeal has provided some useful updating guidance in respect of the proper approach to fact-finding hearings in private law proceedings following the decision in Re H-N [2021] EWCA 448. The case itself concerned the mother’s allegations of controlling behaviour, verbal … Continue reading →

In the recent case of P v Q Financial Remedies 2022 EWFC B9, heard in February 2022, one of the issues that Hess HJ had to consider at final hearing was that of “hard and soft” loans in the context of all the circumstances and the law. Every case depends on its own facts. However, … Continue reading →

Thankfully, most parents who go through the challenges of separation do manage to co-parent and make joint decisions regarding the upbringing of their child or children. Sadly, this is not always the case. The family courts see a large number of cases where in the context of custody or contact disputes, the right to make … Continue reading →

Since Gwyneth Paltrow announced her split from Coldplay’s Chris Martin in 2014, many separating couples have been seeking a ‘conscious uncoupling’ rather than a ‘marriage breakdown’.  Divorce lawyers have been trying to assist with this admirable aim.  Many have trained as mediators or collaborative professionals in an effort to improve the outcomes – both emotional … Continue reading →

On 6th April 2022, the long-awaited no-fault divorce legislation comes into force. Under the full provisions of the Divorce, Dissolution and Separation Act 2020 couples can now divorce without having to apportion blame or wait out a separation period. This brings clear advantages to future clients. The new process should be faster, more straightforward, and … Continue reading →

Qualified one-way costs shifting (“QOCS”) applies to proceedings which include a claim for damages for personal injuries, under the Fatal Accidents Act 1976 or which arises out of death or personal injury and survives for the benefit of an estate by virtue of Section 1(1) of the Law Reform (Miscellaneous Provisions) Act 1934 (Civil Procedure … Continue reading →

Any reported case of His Honour Judge Hess addressing pensions and their pitfalls is required reading for matrimonial finance lawyers and T v T (variation of a pension sharing order and underfunded schemes) [2021] EWFC B67 (10 November 2021), although of narrower application than W v H (divorce financial remedies) [2020] EWFC B10), is no exception. … Continue reading →

Sometimes, although rarely, when parties separate, they agree that the children should remain living at the former family home, with the parents moving out and returning, when it is their agreed times to look after the children. The phrase used to describe this is a “nesting” arrangement. Recently the court in A, B and C … Continue reading →

Appeals by mother (M) and appellant father (F2) from findings of fact. Appeals dismissed How should submissions be reflected in judgments? Jackson LJ confirmed the need for judges who have reached a particular conclusion following a lengthy fact finding hearing resulting in a lengthy judgment to identify the best points which have been made in … Continue reading →

I was instructed by a local council who had introduced a selective licensing scheme under Part 3 of the Housing Act 2004 (“the Act”); a property comprising 22 individual flats fell within the designated selective licensing area (and indeed had previously been granted a non-transferrable licence) and was acquired by a limited company with an … Continue reading →

On 11th January 2022, the financial remedies gods (or rather, Mostyn J and HHJ Hess) blessed us all with a shiny new “Efficiency Statement”, effective immediately. The Efficiency Statement (“ES” hereafter) originates from recommendations made by the Farquhar Committee in September 2021, which looked to improve remote working practice going forward (their report was literally … Continue reading →

This is always a difficult and somewhat thorny application to deal with. The key case with the guidelines to the right initial approach and starting position is: Court of Appeal case: C (A Child) (Interim Separation) [2019] EWCA Civ 1998 [2020] 1 FLR 853 (‘C (A child) 2019 summarises the current law: (1) An interim … Continue reading →

Background If a landlord does not protect a residential tenant’s deposit, there are repercussions. The Housing Act 2004 (“HA 2004”) imposes sanctions for non-compliance with the initial requirements to protect a deposit such that the court must order the landlord to pay a penalty award to the tenant (HA 2004, s214 (4)).  The level of … Continue reading →

Since the beginning of the COVID-19 pandemic landlords might have been feeling like the world was conspiring against them. And perhaps rightly so. 2020 was certainly not a good year for those letting or managing property. With lockdowns, temporary bans on evictions, greater requirements for notices seeking possession and the adjourning of possession proceedings some … Continue reading →

There are two areas of principle that are very difficult to argue successfully for a larger share of the marital acquest: contributions and conduct.  In this article I intend to look at the types of conduct that might be inequitable to disregard pursuant to section 25 (2) (g) of the Matrimonial Causes Act 1973, by … Continue reading →

So, the presents have been unwrapped, the food eaten, and the bins are piling up. Garbage collection has been disrupted by the latest wave of Covid-19 and it may be tempting to dispose of your rubbish any way you can. But don’t! With increasing frequency, especially in more rural areas, the long lists that Magistrates … Continue reading →

This article provides a brief introduction to the term “uncontroverted evidence” and the current approach of the courts to expert evidence which has not been “challenged” by another party. Square Pegs, Round Holes Expert evidence can often assist with gaps in the court’s knowledge when it considers the merits of (or lack of) a claim … Continue reading →

No matter how much you learn about thinking and talking, there will always be someone who will bring the unexpected to the table in a mediation. This became increasingly apparent when I undertook a one-week foundation accredited course offered by the Society of Mediators (“SOM”). The course should have been in-person, but due to Covid … Continue reading →

There is a chance, sadly, that another lockdown is coming. You may be reading this during our latest lockdown. Lots of people are concerned that their probate case will have to wait until the world is post-covid. Fortunately, the chances are it will not. Many of my lawyer colleagues deal with non-contentious work. A larger … Continue reading →

Sometimes some self-evident truths simply need to be said out loud and so, this short article does little more than draw attention to a first instance decision that says what we all know but, by reason of having only just been reported (and only in FLW so far) and coming as it does from Cohen … Continue reading →

This is a very recent case in which this issue has been considered and which takes into account the current climate, and helpfully summarises the relevant law. In Lincolnshire County Council v CB & Ors [2021] EWHC 2813 (Fam) Mrs Justice Lieven DBE conducted an analysis of the factors that require consideration when making a … Continue reading →

Picture this: it’s a few weeks into your pupillage, and you’ve hit the ground running. You’ve been watching, note-taking, researching and learning, because that’s what first six is all about. But wait! There’s more to do than simply shadowing and scribbling. That’s right – there’s the compulsory advocacy training which pupils must undergo during their … Continue reading →

This case involved a second appeal in a financial remedy case in which the costs had become so disproportionate relative to the assets that King LJ described the course of litigation as “an exercise in self destruction”.   It is a helpful guidance to how the court should consider costs in a needs case but has … Continue reading →

In C (Looked After Child) (Covid-19 Vaccination) [2021] EWHC 2993 (Fam),  a private case before Mr Justice Poole, at the Family Division of the High Court sitting in Grimsby on 4.11.21, the court ruled that a 12 year old boy in local authority care can be vaccinated against Covid-19 despite his mother’s objections.  This was … Continue reading →

As I write this article, I take a deep breath and reflect on the end of my first month of my second six. Now I’m on my feet, the time has come to see how well the shoe fits! After six months of observing hearings remotely, the fact that now more and more matters are … Continue reading →

Welcome Elaine, thanks for agreeing to discuss the impact of the Pandemic with me! As  a highly experienced Cafcass Officer and Guardian I thought you would be in a great position to help us understand the changes Covid has wrought on your work and from your perspective on the family courts.   Thanks Mel, I’m … Continue reading →

Introduction Estoppel is a murky legal topic, encompassing a number of concepts that are easily confused.  This short note aims to momentarily clear the fog and allow a glimpse into some of those concepts. The doctrine of estoppel goes back to at least the 1600s.  There are many forms including Proprietary, Promissory, Contractual, Estoppel by … Continue reading →

On 1st October 2021 I began my pupillage with Becket Chambers. I had come straight from a London commercial litigation firm, where I’d spent most of the past year as a remote paralegal dealing with complex high-value commercial disputes. This role had involved fast adaptation to working from home as opposed to the shiny London … Continue reading →

The purpose of this article, is to consider the application of the section 25 criteria and in particular the issue of company valuation in the case of E v L [2021] EWFC 60, as decided by Mostyn J. Jane Carter of these chambers has discussed this case and its primary ratio and reasons in her … Continue reading →

In this article I consider the recent County Court judgment in Fairhurst v Woodard in respect of a claim in harassment, nuisance and breach of the Data Protection Act 2018 arising from the Defendant’s use of CCTV and a Ring doorbell. The lengthy judgment spans 49 pages and will be of interest to not only … Continue reading →

The Family Court is seeing an increasing number of cases where property is (or is asserted to be) owned by a third party.  As more parents assist children with purchasing a home or friends buy with friends, it is ever more likely that a financial provision case will involve consideration of who owns what.  Here … Continue reading →

Improving Child and Family Arrangements (“IFCA”) is the relatively new service being offered by Cafcass and which is designed to “help families agree safe, beneficial and sustainable spending time with arrangements when they are finding it difficult to do so on their own”. It is a replacement for the Child Contact Intervention programme which was … Continue reading →

To us Brits, proud of our unswerving fidelity to the tradition of judicial discretion, the pre-nuptial agreement has, traditionally, been viewed as an American curiosity. A handy plot device for saucy straight to video B-movies, and that thing which, when finally revealed at the end of the episode, gives Columbo the motive he was missing … Continue reading →

Continuing their valiant efforts to make pensions and pension sharing more accessible to all, the Pension Advisory Group – made up of lawyers, academics and finance professionals – has released further resources to assist the general public.   The Group is best known for its seminal report, ‘Guidance on the Treatment of Pensions on Divorce’, … Continue reading →

CCTV can often be said by people to be a ‘breach of human rights’ but is that correct? And can CCTV be considered a breach of the right to a private family life? The recent Court of Appeal matter of Molloy v BPHA Limited [2021] EWCA Civ 1035 (“Molloy”) considered that question, alongside other matters … Continue reading →

Does it matter whether the returning country is a contracting State of The Hague Convention? The recent case of J v J (Return to Non Hague Convention Country) 2021 EWHC 2412 demonstrates quite dramatically that in cases where a child has been taken from a non Hague Convention country to the United Kingdom, summary return … Continue reading →

In July, in the form of an appendix to his judgment in A v A (Arbitration: Guidance) [2021] EWHC 1889 (Fam), Mostyn J issued guidance, agreed and approved by the President of the Family Division, for the correct procedure to follow when challenging or seeking to implement an arbitral award. The case itself concerned a … Continue reading →

Choice between placement order/adoption or long term foster care/SGO with foster carers with a care plan for an open adoption. Mother’s appeal against making of a placement order. This case concerned four children, A, B, C & D. The children were removed from the care of the mother and her partner Mr. S at the … Continue reading →

Introduction As August turns into September and children up and down the country return to school, I thought it might be interesting to consider a subject which put me in mind of my own school days. Whilst dealing with a Family Law Act application, a member of Chambers had to grapple with an unusual defence … Continue reading →

Background: The combined effect of sections 1 and 39 of the Act is that on application of an entitled applicant the court may discharge a care order or replace it with a supervision order, in which case there is no requirement for the s 31(2) threshold to be crossed (the threshold for making a care … Continue reading →

The husband was aged 66 and the wife aged 61. The parties’ relationship began in 2015 when the husband immediately began providing the wife with financial support, paying her between £5000 – £10,000 per month. The parties became engaged in 2016 married in 2017 and separated in 2019. The parties disagreed over the date of … Continue reading →

As the restrictions on international travel and quarantine requirements are relaxed (at time of writing) many people’s thoughts will inevitably turn to foreign travel and, often, the opportunity to purchase and bring back duty-free or “duty paid” goods purchased en route or in countries with lower rates of duty, respectively. However, any traveller returning into … Continue reading →

DOMESTIC ABUSE and FACT-FINDING HEARINGS   Summary: This article considers the recent Court of Appeal case of Re H-N and Others (Children) (domestic abuse: findings of fact hearings) [2021] EWCA Civ 448 which sets out guidance on matters relevant to the court process when considering domestic abuse and fact-finding hearings. This article also considers the … Continue reading →

Having read my colleague Jasraj Sanghera’s excellent article on flight delay and cancellation claims, I found myself remembering the times during lockdown when I’d have given anything to be on a delayed flight, as it would have meant I had left the house! Now life seems to be slowly returning to normal we can begin … Continue reading →

1. In this article I shall set out the legal background to enforcing child maintenance payments made in the courts of England and Wales when the receiving parent lives outside the United Kingdom from 01 January 2021. I shall also briefly explain the necessary applications to be made and subsequent steps to be taken. I … Continue reading →

‘DON’T YOU OPEN THAT TRAP DOOR COS THERE’S SOMETHING DOWN THERE’ Or ‘Do not wait until the last minute to tell your client what will happen at their virtual hearing’ For those readers old enough to remember the 1980’s cartoon ‘The Trap Door’, the reference needs no introduction. For those however of a newer vintage … Continue reading →

In recent times, the housing market has seen a significant uptake with many reporting that house prices have risen in the last year at their fastest rate for over a decade. With many attributing the current boom in the housing market to the stamp duty holiday period, the question is now being posed what will … Continue reading →

Why is it important to show that the parties are “associated persons” for the purposes of FLA 1996 (FLA 1996)? When the court make an injunctive order such as a Non-Molestation or Occupation Order, certain criteria must be met. We are all aware that it is only possible to apply for such an order under … Continue reading →

Summary The recent case of X and Y (private law – change of name – termination of parental responsibility) [2021] EWFC B24 provides a useful summary of the law around parental responsibility and any application to discharge parental responsibility in respect of one parent (and in this case, to change a child’s surname also). Background … Continue reading →

In TT (Children: Discharge of Care Order) [2021] EWCA Civ 742 the Court of Appeal sets out the tests to be applied on an application to discharge a care order and also considered the relevance of attachment theory in welfare evaluations. Mostyn J’s approach to these issues in the recent case of GM v Carmarthenshire … Continue reading →

Following on from Edward Kenny’s article last month on Maintenance Pending Suit, it seemed logical to think next about spousal maintenance at final hearing but, of course at that point thoughts automatically turn to the Court of Appeal’s decision in  Waggott v Waggott [2018] EWCA Civ 727, 2 FLR 406 and, what seemed at the … Continue reading →

Monaco or Bust?  Litigating about where to litigate!   In this article I consider the recent decision of the High Court in Re C (A Child) [2021] EWFC 32 in which Sir James Munby sitting as a High Court Judge, gave judgment on a preliminary issue as to whether the English court had jurisdiction to … Continue reading →

By now there are numerous articles dealing with the validity of S.21 notices post Deregulation Act 2015 (“DA”). However, recently I have encountered a number of cases where there is still some confusion. This seems to be surrounding the DA and the validity of a S.21 notice being served where the prescribed requirements have not … Continue reading →

Despite various amendments over the years, many thought the wording of Part 81 was unsatisfactory, repetitive, and unnecessarily complicated. Following a consultation exercise by the Civil Procedure Rules Committee from March-May 2020, the committee proposed a new approach to Part 81 which: omitted nearly all the substantive law; dealt with procedure in the Rules, not … Continue reading →

Tree Preservation Orders are a statutory mechanism by which trees, groups of trees or woodland can be protected. For some time, these have been a means for a Local Planning Authority to maintain the nation’s arboreal diversity in the face of an increasing demand for housing and corresponding boom in developments. As this demand for … Continue reading →

Conversations in Family Law In conversation…… Louisa Adamson and Mel Andrews, Family Law barristers continued…. Part 2: Court Hearings “Covid-Style”, supporting clients and working mothers Part 1 link here Mel: So you have been to Court for “in-person” hearings – how has that been? Louisa: I remember being quite worried about going back into court … Continue reading →

In conversation…… Louisa Adamson and Mel Andrews, Family Law barristers Part 1: Court Hearings “Covid-Style”, supporting our clients and “wellness” Louisa: Hi Mel – when we met last week for an al fresco lunch it was the first time I had seen you other than on Zoom for over a year. It was lovely to … Continue reading →

The Domestic Abuse Act 2021 became law after the House of Lords withdrew their opposition to the Bill following a dispute over how best to monitor stalkers and abusers. The Lords had pressed for legal changes to the Bill to ensure offenders would be automatically monitored via a police database. The government rejected this, arguing … Continue reading →

In this article I shall examine the rules surrounding costs in Landlord and Tenant possession claims stemming from Assured Shorthold Tenancies and give a guide for Landlords in respect of the two most common forms of possession proceedings. The process of recovering one’s property from a tenant can be a stressful, time consuming and expensive … Continue reading →

The purpose of this article is to consider the issue of Mesher Orders in the context of Financial Remedy proceedings. Mesher Orders arise and are used in Financial Remedy proceedings, when in all the circumstances in terms of section 25 of the Matrimonial Causes Act 1973 (“the Act”), it is appropriate for a property (normally … Continue reading →

Re estate of Anna Rea (deceased) Rea v Rea and others [2021] EWHC 893 (Ch) Anna Rea died in 2016. There were two wills, the first in 1986, dividing the estate equally between her four children. The second will in 2015 left her entire estate to one of her children, Rita. As expected the other … Continue reading →

In Rattan v Kuwad [2021] EWCA Civ 1, the Court of Appeal considered “an important point of principle as to the approach which the court should take to the determination of an application for maintenance pending suit.”[1] Moylan LJ, giving lead judgment (Macur LJ and Asplin LJ agreeing),  allowed the Wife’s appeal and determined that … Continue reading →

Residential Possession Claims   It is already well known that the Coronavirus Act 2020 (“CVA 2020”) has created a series of issues for both landlords and tenants.  Colleagues Paul Tapsell and Nicole Jennings have both written about the implications for possession proceedings when the first lockdown was initiated. The ability of a landlord in either … Continue reading →

In the recently reported case of T & R (Children)(Refusal of Placement Order) [2021] EWCA Civ 71, the Court of Appeal had to determine an appeal made by a local authority and guardian against the refusal of the trial judge to make placement orders in respect of two young children. The case is of particular … Continue reading →

I have previously written on the Anti-Social Behaviour, Crime and Policing Act 2014 (“the Act”) in my article entitled ‘Using powers to prevent anti-social behaviour to protect, not punish’; that article looked at whether powers under the Act could be used in a way different to that that is normally expected. This article will consider … Continue reading →

The consent order is drafted, the ink on the judge’s signature is almost dry, and everyone is raising a glass in self-congratulation.  The family home is to be sold, the proceeds divided and a clean break provided for.  A great result.  Except when the family home won’t sell.  For 3 years.  And only then at … Continue reading →

S-F (A Child) [2017] EWCA Civ 964 (Leading judgment given by Sir Ernest Ryder, Senior President) I was recently very helpfully reminded of this 2017 case which is perhaps not too well-known as it raises no new issues of law or principal and the issue on appeal was described as ‘clear and simple’— was the … Continue reading →

I dealt recently with a claim for adverse possession which arose from a fairly unusual set of circumstances. My client had purchased two lock-up garages at auction in 1985 for the sum of £2,100; the garages were part of a residential estate which had been constructed by a large-scale Developer on previously agricultural land. For … Continue reading →

Allegations of domestic abuse are usually raised from the outset by either the applicant or respondent in private law proceedings. Further allegations may be raised at the safeguarding stage, with recommendations by Cafcass as to whether there should be a fact finding hearing, before final resolution of the case. Where the allegations are of violence … Continue reading →

We have a new Practice Direction 3AA which covers participation in proceedings for vulnerable person who will be required to give evidence, which is effective from February 2021 BRIEF SUMMARY OF IMPORTANT POINTS It is essential to seek a Ground Rules Hearing as early as possible in the proceedings. It is important to raise this … Continue reading →

Introduction As we start to consider the possibility of lockdown lifting and our thoughts recklessly stray to the idea of getting away from it all, I thought I would dampen the exuberance by reminding us all of the perils of using leasehold property for holiday lets (Airbnb or otherwise). On the face of it, generating … Continue reading →

The family courts were overwhelmed with cases prior to the Pandemic, leading to long delays and, perhaps most distressing to the parties engaged in this type of conflict resolution, last minute adjournments which can incur significant wasted costs, for which there is generally no recourse, together with the distress and anxiety associated with yet further, … Continue reading →

Introduction A break clause allows a party to a lease to terminate the agreement before the end of the term. Tenants of all shapes and sizes are often woefully unaware of the legal pitfalls that exist in any attempt they may make to deploy a break clause. If you have a preconception of some fresh-faced … Continue reading →

Family practitioners may wish to be aware of a Government briefing paper which seeks to address some key frequently asked questions concerning the impact of the coronavirus outbreak on separated families, contact with children, and child maintenance arrangements. The briefing paper provides links to relevant government guidance and to regulations and legislation, refers to the … Continue reading →

I recently represented a parent in a care case involving alleged non-accidental injuries (NAI) to a child. The local authority had brought care proceedings based on injuries the child had sustained, which were said to be non-accidental, and therefore inflicted deliberately. Typically, applications for care orders are based upon neglect or abuse. “Abuse’ in this … Continue reading →

Summary In the second of two articles, I look at housing disrepair claims brought under the Defective Premises Act 1972 (DPA 1972). A Brief History The liability of landlords for failing to safely maintain premises has steadily increased in scope in the past century by way of parliamentary intervention. A landlord has historically not been … Continue reading →

Some of us are unfortunate enough to encounter nightmare neighbours who negatively impact our day-to-day life to varying degrees. This article seeks to explore the options available to clients who need to take further steps to resolve their neighbour disputes. It is, of course, advised that anyone experiencing an issue with their neighbour first try … Continue reading →

Parental alienation is no longer a fringe concept in family courts. It has been the subject of recent press coverage and is now used frequently in court. It is also a term that should be used with caution and is easy to jump to as a parent who feels treated unfairly. Many relationship breakdowns involve … Continue reading →

The restrictions placed on households due to Covid-19 have had a well-documented effect on victims of domestic abuse. The charity Refuge reported an 80% increase in calls to its National Domestic Abuse Helpline in June 2020 alone. Although a legal framework exists to offer protection to those in need, such help may be harder to … Continue reading →

In Re B (A Child) (Unnecessary Private Law Applications) [2020] EWFC B44 HHJ Wildblood QC, in a case with a title that gets straight to the point, has sent a message directed at family lawyers. Its stated targets are ‘parties and lawyers’. However, given that litigants generally don’t read law reports, it’s a safe assumption … Continue reading →

Summary In the first of two articles, I will provide a quick guide to housing disrepair claims where remedies of damages and/or specific performance are sought. Compensation or injury? It should be noted that claims primarily seeking compensation or specific performance against a landlord regarding disrepair to the structure, exterior, or specific installations of a … Continue reading →

Having recently had several cases with pension complexities, reread the PAG report and authorities and attended two remote seminars on the same, it seemed sensible to write a short review of what seem to me to be the key issues on a subject that probably causes more trouble than any other in financial remedy proceedings. … Continue reading →

This is an article on the above case which is significant for a number of reasons and should be considered when dealing with any application to oppose the making of an adoption order. This was an appeal made by a local authority against a decision in adoption proceedings concerning a child then aged 2 years … Continue reading →

Court hearings are stressful occasions. New surroundings, pressure, and decisions being taken out of your hands. There is now an extra layer: the remote hearing. The concept is simple – because of the pandemic there cannot be as many (or in some situations, any) people at court. So, we will have hearings (at least in … Continue reading →

As an ex dairy farmer turned Barrister, I am frequently asked two things: 1. Is it true that cows know when it is going to rain and sit down to keep the grass dry? 2. Can I pick up a dead pheasant (or other game bird) on the road? The first question is perhaps better … Continue reading →

Re B (A Child) [2020] EWFC B44 A mother appealed the case-management decision made by a Legal Adviser that medical records relating to her for a period of 5 years should be disclosed into the case. HHJ Wildblood QC dealt with the substantive appeal in a Judgement that found the Order for disclosure to be … Continue reading →

Paul Tapsell, a CMC-accredited civil mediator, extols the virtues of the CMC Fixed Fee Mediation scheme and virtual mediations. The present pandemic has resulted in a significant increase in the time it takes matters, especially civil claims, to get to court for a final hearing and those delays are only going to get longer so … Continue reading →

The provisions of Practice Direction 12 J make it very clear that the court should determine as soon as possible whether it is necessary to conduct a fact finding hearing in relation to any disputed allegations of domestic abuse. The court may require a separate hearing: (a) In order to provide a factual basis for … Continue reading →

This month sees the end of a unique first six for our pupil Christian Fox. Christian has spent the entirety of the non-practising part of his pupillage either in lockdown, or under the restrictions imposed as a result of the current Covid-19 pandemic. He has not physically been into our premises at all during that … Continue reading →

In this article I will look at the recent decision of Mr Justice Moor in the case of RC v JC [2020] EWHC 466 (Fam) The brief facts of the matter are that the parties cohabited and were married for a total of 11 years. They had two children, aged 8 and 10. When they … Continue reading →

Summary The recent judgment in CTD (A Child: Rehearing) [2020] EWCA Civ 1316 provides a useful summary of the relevant steps a court must take when considering an application to reopen findings of fact in a family case. Background This appeal concerned care proceedings involving 4 children that were originally concluded in August 2015 and … Continue reading →

Separated parents face all sorts of challenges in relation to contact but these are always amplified around times of celebration. Each year in the run up to Christmas the Courts are filled with parents who simple cannot agree on where their children should be in the festive season. Covid has made this, already stressful time, … Continue reading →

Events which lead to the successful re-opening of cases are known as “Barder” events, after the sad case of Barder v Barder (Caluori Intervening) [1987] 2 FLR 480, where a financial award to meet the needs of the wife and children was fundamentally undermined by the death of the wife and children weeks after the … Continue reading →

Summary Every now and then, a court may make an “error” when giving judgment and making an order. There are circumstances where the judgment or order can be amended without giving notice to the other side and without the need for another hearing, but parties must be careful to ensure any amendments reflect the original … Continue reading →

During these troubled times, when a reliable crystal ball would be helpful, the case of OC v AG [2020] EWFC 52 in which judgement was handed down on the 29th of July 2020, is of interest. The Facts The facts related to cross-applications by the Husband (OG) and the Wife (AG) in respect of financial … Continue reading →

The question of varying a Rose order has had new light shed on it by Mr. Recorder Allen QC in G v C [2020] EWFC B35 (OJ). For those of you who are not family practitioners, there follows a brief fly-past of what constitutes a Rose order. Matrimonial finance specialists may wish to move straight … Continue reading →

This is the section of the Act which gives the Court the power to restrict applications under the Children Act…it provides: “On disposing of any application for an order under this Act, the court may (whether or not it makes any other order in response to the application) order that no application for an order … Continue reading →

I have recently been asked by a commercial tenant, and not for the first time, do I have a lease or a licence? One might imagine that the document in which the details are set out would be very explicit. It is not always that simple. Just because the office, workshop, car park or sheep … Continue reading →

Background As a result of the current Covid-19 crisis, the backlog of cases is mounting, despite HMCTS’ commendable efforts to re-open courts and implement access to video, hybrid and telephone hearings. There are also reports of the crisis precipitating more cases than normal. Property possession claims wait in the wings, family and domestic abuse enquiries … Continue reading →

When a Child Arrangements Order is made giving an applicant the right to spend time with his child, that order is underpinned by the enforcement provisions set out below. That order is sometimes frustrated by the party against whom it is made, who I will refer to as the party in breach. This article examines … Continue reading →

Case Study N (Children: Interim Order/Stay [2020] EWCA Civ 1070 Decision of Lord Justice Peter Jackson. A helpful reminder of some basic principles _______________________________________________________________________________________ This successful appeal by the mother was dealt with on 29 July 2020 during the current COVID 19 restrictions. The facts are not as important as the principles which were dealt … Continue reading →

Practice Direction 55C (‘PD55C’) came into force on the 23rd August 2020. It is a Practice Direction within the Civil Procedure Rules that provides temporary provision in relation to possession proceedings during the Coronavirus pandemic. PD55C provides a temporary modification to Part 55 during the period beginning on 20th September 2020, which is the end … Continue reading →

To feel able to speak freely with your lawyer is a fundamental principle which is integral to the proper working of any justice system. A sine qua non. At common law, this principle takes the form of legal professional privilege. Legal professional privilege affords the client the legal right to withhold lawyer and client communications, … Continue reading →

It is relatively common to see conduct pleaded by aggrieved litigants in financial remedy proceedings. It is far more unusual for such an argument to actually succeed and an award to be made reflecting such a finding. Section 25(2)(g) of the Matrimonial Causes Act 1973 states that conduct is only relevant “if that conduct is … Continue reading →

Summary Following on from my previous article on civil injunctions, I will cover injunctions in a family law context, focussing on freezing injunctions in matrimonial finance proceedings and applications under the Family Law Act 1996. Freezing injunctions – when are they needed? In the event of a marriage irretrievably breaking down, typical stages of a … Continue reading →

An article exploring the Expert Panel’s Final Report (June 2020): Why Change is Considered Necessary and Recommendations for Change My colleague Marie Crawford recently wrote about a story that appeared in The Guardian newspaper on 25.6.20 and which referred to the (then unpublished) expert panel report entitled ‘Assessing Risk of Harm to Children and Parents … Continue reading →

Many parents find it difficult to agree on the arrangements for their children after separating. This can be an extremely stressful and upsetting situation for everyone concerned. The priority should be to shield the children from arguments wherever possible but what should you do when you receive an application for a Child Arrangements Order and … Continue reading →

Summary In the first of two articles on injunctions, I provide a quick guide to injunctions in a civil law context, setting out the relevant legal and practical considerations in making or responding to applications. Injunctions are an equitable remedy, where a court has the discretion to either order a person to refrain from doing … Continue reading →

In June 2020 the Family Justice Council (“FJC”) published its report on how to achieve best practice with respect to special guardianship orders. The report arrives in a climate where in recent years, family courts have made more special guardianship orders than placement orders and the proportion of special guardianship order has risen whilst the … Continue reading →

I often deal with cases arising from the lack of reasonable financial provision for a spouse or children under a Will, or where a person has died without completing a valid Will. I hope this article will help people avoid some of the most common problems in those situations. While the starting point is that … Continue reading →

A client who is successful in most forms of civil litigation can expect to recover some if not all their costs. Since the abolition of the Calderbank offer, it has been difficult to obtain cost orders in financial remedy litigation and the general rule is that the court will not make an order requiring one … Continue reading →

When a person loses the mental capacity to make decisions for themselves (and they haven’t already put a power of attorney in place), those who care for them may need to apply to the Court of Protection (COP) to appoint a Deputy. In this article I will briefly sets out the differences between a lasting … Continue reading →

The Domestic Abuse bill which is making its way through the legislative process and which was delayed as a result of the calling of the general election (and the prorogation of Parliament) has reached the report stage in the commons this week. It is expected to be amended to incorporate the reforms to the legislation … Continue reading →

Two short but troubling issues in troubled times: Can the FR Appeal Court hold a one-sided oral permission hearing without formal notice to the Respondent? Does the pandemic/lockdown amount to a Barder event? Plus Arbitration simply is the answer, especially for children. Permission to Appeal Hearing I have recently had to consider whether it is … Continue reading →

Summary Is a landlord of a block of flats entitled to grant a licence to a lessee to carry out work which would breach an absolute covenant contained in a lease of their flat, where the leases of other flats in the same building require them to enforce covenants at the request of a lessee … Continue reading →

The issue of pensions in financial remedy proceedings is a complex area and has been subject to much change over the years. As many of you will be aware, the Pension Advisory Group (“PAG”) published a comprehensive report ‘A Guide to the Treatment of Pensions on Divorce’ in July 2019. It was a much-welcomed publication … Continue reading →

This article seeks to provide a further update from my colleague Paul Tapsell’s article on residential possession and lease forfeiture proceedings during Covid-19. London Borough of Hackney v Okoro [2020] EWCA Civ 681 This case follows the Court of Appeal decision in Arkin v Marshall [2020] EWCA Civ 620 which was recently handed down on … Continue reading →

Introduction On Halloween in 2003, the Service Charge (Consultation Requirements) (England) Regulations 2003 (the “Regulations”) came into force, amending section 20 of the Landlord and Tenant Act 1985 (“LTA 1985”). This amendment set a financial limit to works carried out on a residential building, beyond which a landlord would have to consult with tenants. That … Continue reading →

Summary The recent judgment in S (Parental Alienation: Cult), Re [2020] EWCA Civ 568 provides a useful summary of the law concerning freedom of belief and parental alienation in contested child arrangements orders. The father (F) appealed the refusal of his application for a variation of a child arrangements order amidst continuing concern over the … Continue reading →

It is always good to return to basics and remind ourselves of the fundamental principle that ‘findings of fact’ must be based on evidence, and this can include inferences that can properly be drawn from the evidence’. A reminder that it is not on suspicion or simply speculation. (RE A (Fact Finding: Disputed Findings) [2011] … Continue reading →

In these times of social distancing & restrictions on movement, when jury trials have come to a halt, and court hearings of all kinds are being adjourned due to the need to maintain social distance. Almost everyone is waiting to see what will happen when the lockdown ends. A backlog of cases is building up, … Continue reading →

From the moment that the Government announced the possibility of lockdown measures being imposed, lawyers were inundated with questions about whether and how Child Arrangements Orders should be implemented over this period. As lockdown continues one of our local CAFCASS officers has told practitioners that many parents involved with the service have been able to … Continue reading →

Previously, I have considered the Public Sector Equality Duty (“PSED”) and possession proceedings in my article entitled “PSED, Cuckooing and Possession”. Whilst I appreciate that possession proceedings may not be at the forefront in the current climate (and for more information on this, please see Paul Tapsell’s article regarding possession proceedings and the Coronavirus Act … Continue reading →

 The landscape of February is gone, and legal professionals are all now working in previously unknown circumstances. The daily routine has vanished, we are for the most part not physically attending court, and traditional ways of doing things have changed. Recently I was in a far flung county court with a solicitor colleague as we … Continue reading →

Upon returning to Canterbury last month after a week away in London, I am now, like everyone else in the world, only just starting to get used to the surreal new reality we are all living in. However, despite recent events, I have not forgotten how fantastic my first two months of pupillage with Becket … Continue reading →

C (A Child) (Interim Separation) [2019] EWCA Civ 1998 (Judgement of Lord Justice, Peter Jackson) _______________________________________________________________________________________ We have all experienced cases, especially when representing a young mother who has been placed with the child, often a first child and a baby, in a mother and baby foster placement and that placement has broken down for … Continue reading →

The Coronavirus Act 2020 has put a hold on any existing residential possession proceedings for a period of 90 days and extended the notice period required as a precursor for any new residential possession to three months (section 81 of the Act and Practice Direction 51Z) and removed the right of re-entry or forfeiture for … Continue reading →

CAFCASS A County Council v Children and Family Court Advisory and Support Service (Cafcass) [2019] EWHC 2369 (Fam) Re S [2020] EWHC 217 (Fam) Care proceedings which had originated from a private law dispute between the mother and the fathers of her children. The mother alleged that the fathers had abused their children during contact. … Continue reading →

In the case of XW v XH [2019] EWCA Civ 2262 the Court of Appeal overturned a decision made by Baker J (as he then was) in 2017 that the husband (H) should retain the majority of the financial resources partly due to his “special contribution” in a case where H was a ‘breadwinner’ and … Continue reading →

I recently represented a claimant defending an application to set aside default judgment. The claimant obtained default judgment for a sum in the region of £2,000 in September 2018 and sought to enforce the judgment in January 2019. The defendant applied to set aside the default judgment in November 2019. The defendant submitted that they … Continue reading →

The Occupier’s Liability Act 1957 (“1957 Act”) The 1957 Act was enacted to regulate the duty of care which an occupier of premises owes to its visitors. The occupier owes the same duty of care to all its visitors, except in so far as the duty may be extended, restricted, modified or excluded in some … Continue reading →

The case of Re A (Children) (Parental Alienation) 2019 EWFC  demonstrates clearly the shortcomings of the Family Court to ensure that all children, wherever possible, enjoy a relationship with both of his or her parents. The position of the courts with regard to ordering no direct contact with the absent parent, is that it is … Continue reading →

Why, you may be wondering, would a barrister with 28 years’ experience of civil litigation and the adversarial process want to talk about mediation? Surely the whole purpose of barristers, and indeed lawyers, is to let people have their day in court and to demolish the “other side”? The fact of the matter is that … Continue reading →

The purpose of this article is to (a) review the guidance set out by the Court of Appeal in the case of Imerman v Tchenguiz and others; Imerman v Imerman [2011] 1 All ER 555 which was heard on the 10th to 12 of May 2010, judgement being handed down on the 29th of July … Continue reading →

CAFCASS A County Council v Children and Family Court Advisory and Support Service (Cafcass)                                                                                                [2019] EWHC 2369 (Fam) Keehan J Judgment: 20th September 2019 This was a public law case which may have relevance in private law proceedings. As part of the threshold grounds, the LA sought a finding that the father had sexually … Continue reading →

Hall v Jagger; Akhter v Khan: void, voidable and non- marriages. In 1999, Jerry Hall and Mick Jagger separated and in a move heralding a long and acrimonious legal battle, Jagger sensationally released a public statement saying that he would be contesting Jerry Hall’s petition for divorce on the grounds that he and Jerry Hall … Continue reading →

In December 2019 Ms. Justice Russell DBE heard an appeal from a fact-finding hearing that took place in private law Children Act proceedings at the Central Family Court in London in the summer of 2019. Her judgement was given in January 2020 and is reported as JH v. MF [2020] EWHC 86 (Fam). The case … Continue reading →

This article explores the issue of domestic abuse in the appeal of Re H v F [2020]. This article should be read in conjunction with Lavinia Glover’s article which analyses the issue of special measures when giving evidence within the same case. JH (Appellant) and MF (Respondent) were 17 years old and 23 years old … Continue reading →

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 →

The recent case of AR v ML [2019] EWFC 56 is a cautionary tale against adducing further evidence at a late stage in an attempt to have the last say within financial remedy proceedings. This case centred around the wife’s application for financial remedy arising out of her marriage to the husband. The matter proceeded to a … Continue reading →

Financial remedy lawyers are familiar with the Form P1 Pension Sharing Annex under section 24B of the Matrimonial Causes Act 1973. It records the instructions for how to share a party’s pension and who is to bear the cost, and also contains the parties’ details. It is approved by the court and sent to pension … Continue reading →

Early childhood deprivation through neglect and adversity is associated with alterations in the brain structure as adults, despite environmental enrichment in intervening years, according to an article published on the Proceedings of the National Academy of Sciences of the USA (PNAS) on 7.1.2020. The research, carried out by King’s College London, examined the MRI data … Continue reading →

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 →

This article discusses a recent case whereby the court found that as the Defendant’s employee had failed to report an issue with a passenger lift, they had not acted reasonably. Therefore, the Defendant had been in breach of s2 of the Occupiers Liability Act 1957. The Background The Claimant had been staying at one of … Continue reading →

Faced with the competing claims of transparency and privacy, free speech and family life, family law will always incline towards the latter. Its first instincts are protective, guarding the intimacies and lives of its own subject families and, particularly, its children.[1] First and foremost, family proceedings are and remain private matters. This fundamental principle holds … Continue reading →

The Civil Procedure Rules (CPR) provide for fixed costs in certain elements of civil proceedings, including Small Claims, Fast Track hearings, ‘Stage 3’ hearings and possession claims. This means that any costs applied for that are not those within the fixed costs regimes are unlikely to be awarded by the Court, unless certain factors apply. … Continue reading →

As family practitioners we all frequently deal with cases where parental alienation and/or implacable hostility is alleged. The recent case of Re H (Parental Alienation) [2019] EWHC 2723 (Fam) is one of the recent cases where the Courts are prepared to change residence. This case is also interesting because the subject child was 12, which … Continue reading →

Parties named in a court order must follow the order. A party found to be in breach of an order may be fined, imprisoned, ordered to undertake unpaid work or have their assets seized. The penalty is at the discretion of the court. It is important to view each breach in context of the circumstances … Continue reading →

In October 2019, Mrs Justice Lieven DBE considered an application by a husband that the wife’s divorce proceedings, and the decree absolute, should be set aside for breaches in relation to service of the proceedings. The case gives an insight into when the courts may consider proceedings for divorce void or voidable and is a … Continue reading →

Further to my previous article on pre-nuptial agreements, I have recently had cause to consider the overlap between the various possible vitiating factors, particularly undue influence and legal advice. Following on from Lord Phillip’s consideration in Radmacher of the vitiating or weight reducing factors of duress, fraud, misrepresentation, undue pressure and unworthy conduct such as … Continue reading →

This article provides an update on the mediums that one can serve a claim form and also some of the issues of serving a claim form with modern technology. CPR Part 6 provides guidance on the service of documents. The most common methods of service are by first class post, document exchange or via email. … Continue reading →

This article explains the key points about Part 36 offers and provides top tips for avoiding common pitfalls. Part 36 of the Civil Procedure Rules (“Part 36”) is a self-contained set of rules designed to encourage both the Claimant and Defendant to settle the claim outside of court. Any offer made under Part 36 is … Continue reading →

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 →

“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 →

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 →

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 →

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 →

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 →

This is a very recent Court of Appeal Judgment in which there was a successful appeal of a fact-finding judgment in private law proceedings: A (Children) Re [2019] EWCA Civ 74 This particular case involves transnational marriage abandonment, an issue that the court appears to be grappling with more and more frequently. This a case, … Continue reading →

Since March 2018 the government have been consulting for a landmark Domestic Abuse bill. It seeks to legislate to “ fundamentally change the way we, as a country, think about this insidious crime.”  The draft bill was published on 21st January 2019 and focuses on 4 main objectives, i.e. how they can: promote awareness – … Continue reading →

Much of probate law is aimed towards future arrangements: what will happen after I die, how do I leave my estate to my children, whether to donate to the brexiteers or remainers. Sometimes however, the law allows us to deal with matters when things have gone wrong. From a contested wills & probate perspective, ensuring … Continue reading →

Cumulative Edition 2018 by Kevin Jackson Contents Civil Restraint Orders AEY v AL (Family Proceedings Civil Restraint Order) 18th November 2018 [2018] EWHC 3253 (Fam) Committal CH and CT 25th May 2018 [2018] EWHC 1310 (Fam) Egeneonu and Egeneonu and Anor 6th June 2018 [2018] EWHC 1392 (Fam) Egeneonu and Egeneonu 18th July 2018 [2018] … Continue reading →

QUARTERLY DIGEST OCTOBER to DECEMBER 2018 PUBLIC LAW Adoption BT & GT (Children: twins – adoption) [2018] EWFC 76 29th November 2018 Keehan J Care and placement orders were made in 2015 in respect of twins aged 5. The care plan was for a joint adoptive placement and failing that, joint placement with foster carers. … Continue reading →

QUARTERLY DIGEST October to December 2018 PRIVATE LAW Civil Restraint Orders AEY v AL (Family Proceedings Civil Restraint Order) [2018] EWHC 3253 (Fam) 18th November 2018 Knowles J The father had engaged in long running family proceedings regarding his three children. In the current proceedings the father made a further application for a child arrangements … Continue reading →

The recent case of Re A and B (children) [2018] EWHC 3491 (Fam) was a case heard in the High Court by the then President of the Family Division, Sir James Munby. It considered cross applications from a Local Authority (“LA”) and a journalist arising out of care proceedings brought by the LA which resulted … Continue reading →

What is the most ‘enduring’ or ‘the longest-lasting relationship’ you have…? It is with your siblings! Background: The case of Re H [2010] EWCA Civ 1200 revisited two important and developing principles in family law.  The first is a child’s right to know who is within their family, an issue that is likely to become … Continue reading →

Here are a couple of interesting recent examples of successful Human Rights Act claims against Local Authorities in respect of care cases: BT & GT (Children: twins – adoption) [2018] EWFC 76 This is a High Court case in which Keehan J granted two applications for adoption in respect of twins who had been placed … Continue reading →

The Scrap Metal Dealers Act 2013 created a new (and rigorous) statutory framework for individuals and companies dealing with scrap metal imposing significant criminal penalties for any breaches; more local authorities are becoming aware of the additional options for dealing with sites where unauthorised activities are leading to complaints and pressure from residents (and councillors). … Continue reading →

Since the ending of legal aid in private law proceedings, it has become more frequent for cross examination to be conducted by litigants in person, including in cases where the court has deemed that there should be a fact finding hearing, before determining what if any contact should be ordered. The recent case of PS … Continue reading →

The Anti-Social Behaviour, Crime and Policing Act 2014 brought with it new powers in order to tackle anti-social behaviour (ASB). It introduced, amongst other things, the Criminal Behaviour Order (CBO), the civil injunction and the closure order. Local Authorities and Police Forces, amongst other organisations can apply for these; but when thinking about these powers, … Continue reading →

A recent appeal decision Re A and R (Children) [2018] EWHC 2771 (Fam) acts as a useful reminder of the question of appeals arising from fact finding hearings but also raises other issues routinely encountered in private law cases. The case concerned two boys aged 7 and 6 in respect of whom bitterly contested s8 … Continue reading →

When is something that appears to be a matrimonial asset not in fact a matrimonial asset and how does a non-matrimonial asset become a matrimonial asset and, what difference does it make? The very recent High Court case of IX v IY [2018] EWHC 3053 (fam) concerns this issue and, whilst my colleague Dean Thistle … Continue reading →

On the 16th November 2018 the Flexible Operating Hours (“FOH”) Pilots: Prospectus for Civil and Family Court Pilots was published. HM Courts and Tribunals Service (“HMCTS”) announced that early and late sittings will now be trialled over six months in civil and family courts in Manchester Civil Justice Centre and Brentford County Court, commencing in … Continue reading →

CHILDREN & SOCIAL WORK ACT 2017 This Act received Royal Assent on 27.04.17 and, although most of it is not yet in force (except section 10 and Schedule 1, which deals with placement in secure accommodation outside England and Wales) Chapter 1, section 1 of the Act is a helpful reminder of the following “corporate … Continue reading →

Whilst only 3 weeks into Pupillage, I can tell you that I both thoroughly enjoy being a Pupil barrister and that it is unlike any job I have ever done. Becket Chambers has been immensely welcoming to me and every member of Chambers has made an effort to chat, say hello and help me with … Continue reading →

Some time ago now I wrote an article about the Supreme Court case of Wyatt and Vince. That case explored the issue of whether a party to a marriage can make a claim many years after the marriage has ended; to which in short, the answer was, Yes. The recent High Court case of A … Continue reading →

QUARTERLY DIGEST PRIVATE LAW Disclosure Lancashire County Council v A, B, and Z (A Child Fact Finding Hearing Police Disclosure) [2018] EWHC 1819 (Fam) 25th July 2018 Knowles J This was a fact-finding hearing following the death of a child whilst in both parents’ care. During the trial, it became clear that the police held … Continue reading →

The Mental Capacity Act 2005 (“MCA”) introduced a framework for assessing mental capacity, enabling the court to assist persons who lack capacity to manage their affairs by taking decisions or by appointing decision-makers to act on their behalf. MCA is not retrospective and not relevant in considering the validity of wills made prior to 1 April … Continue reading →

This case involved two parties who had married in 2000 and subsequently separated in 2010. The marriage produced one child who continued to reside with the wife. On 10th December 2012, a final financial remedy order was made dividing the capital unequally in the wife’s favour in order to enable her to purchase accommodation for … Continue reading →

Committal CH and CT [2018] EWHC 1310 (Fam) Baker J The paternal grandmother (PGM) and her partner applied for a child arrangements order (CAO). A CAO was granted but M did not comply with the order. The PGM applied for enforcement of the order and argued that only a suspended sentence of imprisonment would make … Continue reading →

Fact-Finding: Ground Rules Re M-Y (Children) [2018] EWCA Civ 1306 McCombe and King LJs P was the eldest of 4 children. P alleged that she had been physically chastised by her mother (M) including punching and kicking and sexually assaulted by M’s partner (S), after moving from Romania to live with them in the UK. … Continue reading →

Those readers who follow legal stories in the press will not have failed to notice a spate of cases concerning end of life decisions. Last month, the Supreme Court ruled that an application may no longer be needed for an order to withdraw life-sustaining treatment for a person with a ‘prolonged disorder of consciousness’. “An … Continue reading →

Prohibited Steps Orders are often regarded as a protective means available to a parent who has concerns about another party involved with their child. Whether the issue be the removal of a child from the jurisdiction or simply an order preventing an individual from undertaking a certain act, perhaps naively, Prohibited Steps Orders are used … Continue reading →

The purpose of this article is to provide an overview of the Court’s approach to pensions in financial remedy proceedings generally and revisit specific issues such as pension off-setting and Duxbury calculations raised in my previous article published in July 2016 under the title, “Financial Remedy: Pension Values and Offsetting – Quo Vadimus”. PENSION OVERVIEW … Continue reading →

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 →

Frequently in this modern age, clients in private law proceedings, will have covertly record either their children or the other party to proceedings saying something that they think that the court ought to hear at some stage during the proceedings. The usual test as to whether it should be introduced into evidence is whether the … Continue reading →

The Facts I acted recently in a case involving a right of way over an access running along the back of a terrace of houses and out to a public highway; my client (“D”, the Defendant) owned a house towards the “mouth” of the right of way and his neighbour (“C”, the Claimant) owned a … Continue reading →

In February 2017 I wrote an article on the case of Mills v. Mills [2017] EWCA Civ 129 (http://becket-chambers.co.uk/2017/02/28/upward-variation-periodical-payments-recipients-financial-recklessness-political-hot-potato/) which considered whether capital needs could, in effect, be revisited in a future application to vary periodical payments. The case has now been reconsidered by the Supreme Court; here I provide a reminder of the original … Continue reading →

Is the family justice system in crisis? Yes says Sir Andrew McFarlane, the new president of the Family Division of the High Court, who took over that role in July 2018. Sir Andrew was speaking at the launch of a Care Crisis review, an independent study by senior lawyers, social workers, charities & academics into … Continue reading →

Introduction This article explores the recent case of Clay v TUI Ltd [2018] EWCA Civ 1177. Mr Philip Clay brought a claim for damages for personal injury against TUI UK Limited. Mr Clay sustained injuries when he fell from a balcony at a hotel in Tenerife, where he and his family had gone on a … Continue reading →

re M (A Child) [2017] EWCA Civ 2356 Introduction In a lead judgment from Jackson LJ the Court of Appeal have reiterated the guidance in Re F (A Child) (International Relocation Cases) [2015] EWCA Civ 882 that “an analysis of some sophistication and complexity” is required before granting an application for relocation. This case makes it … Continue reading →

When conducting a family law case, chattels are normally dealt with in one of two ways. In some cases, clients will argue tooth and nail over all chattels involved and the arguments themselves will form a large part of proceedings. However, in other cases, chattels are an afterthought, discussed at the door of the Court. … Continue reading →

Introduction This article explores the recent legislative changes that came into play in April 2018. From 6th April 2018, parts of the Housing and Planning Act 2016　”The Act” commence introducing banning orders and a database of rogue landlords and property agents in England. This article focuses on those two main areas of change. In the … Continue reading →

Sir James Munby, President of the Family Division, has announced that a final approved draft of the revised Practice Direction 27A (which awaits only formal signature by the relevant Minister) is due to come into force on 23 July 2018. The basic PD27A remains as before but with some minor changes. The three main changes … Continue reading →

Probate (and for the purposes of this article I include Inheritance Act claims, which some would argue are family cases rather than probate) are one of the areas of law where there can be a plethora of parties represented by the one legal adviser. To those of us working in this area of law, it … Continue reading →

An interesting case has arisen where ‘misuse and abuse’ of the use of a s. 20 agreement has occurred. Let’s first remind ourselves of the main case on this subject with which we are now familiar, Re N (Adoption:Jurisdiction) [2015] EWCA Civ 1112, [2016] 1 FLR 621, in which the President described the delay in … Continue reading →

It is a familiar problem. A divorce is being endured. It is, by definition, fractious and, most importantly, still fractious in respect of the children. Or, put in lawyer’s tongue, there are ongoing matrimonial finance proceedings, in which the children are the first consideration (section 25 (1) Matrimonial Causes Act 1973) but the “child arrangements” … Continue reading →

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 →

The recently-reported case of Dobson v Griffey [2018] EWHC 1117 (Ch) provides a helpful reminder of the difficulties in cohabitation cases when seeking a share of a property that is held in another party’s sole name. The decision is that of HHJ Matthews sitting as a High Court Judge. The judgment considers the standard of … Continue reading →

The President has issued further guidance on cases involving parents with learning difficulties: President’s Guidance Family Proceedings: Parents with a Learning Disability, 10th April 2018: He refers to the leading cases: Re D (A Child) (No 3) (2016) EWFC 1: http://www.familylawweek.co.uk/site.aspx?i=ed158421 and Re Guardian and A (Care Order: Freeing Order: Parents with a Learning Disability) … Continue reading →

Many practitioners are accustomed to seeing cases that do not quite fall within the category of “parental alienation” yet are characterised by the resident-parent’s views impacting adversely on the arrangements for contact between the non-resident parent and the child and often, as a consequence, on the relationship between the child and non-resident parent.   Usually such … Continue reading →

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 →

Experts Buerhlen and Buerhlen [2017] EWHC 3643 (Fam) Moor J dismissed the father’s appeal against the decision of HHJ Scarratt that it was not necessary to instruct an expert as to earning capacity. The judge had correctly applied the test of necessity as described in Re HL [2013] EWCA (Civ) 655, that evidence that is … Continue reading →

Appeal Against An Adoption Order Re J [2018] EWFC 8 (Fam) Fr’s appeal out of time against the grant of an adoption order in favour of the child’s step father was granted. M and the step father had obtained the adoption order by falsely claiming that they did not know the identity or whereabouts of … Continue reading →

Can you get an order for sale of the family home before the final hearing? As of a few weeks ago, and some 45 years after the Matrimonial Causes Act was enacted, it became apparent that eminent High Court Judges disagree on both the jurisdiction and the basis for such an order. So can you … Continue reading →

A recent case before Mostyn J provides a helpful reminder of what a court can, and cannot, do when seeking to implement a final financial order. The case is SR v. HR (SC (as Trustee in Bankruptcy of SR) intervening) [2018] EWHC 606 (Fam). A consent order had been approved in 2012 which included property … Continue reading →

As we are aware, in cases where grandparents are denied spending time with their grandchildren, they have to apply to the court to do so. Moreover, the procedure is a two stage process, with them having to apply for leave first and satisfying the conditions set down in Section 10(9) of the Children Act 1989. … Continue reading →

In this article I will attempt to summarise what I understand to be the position on the thorny question of when and if the Children’s Guardian should attend and what role the Guardian would play in a Fact Finding Hearing in care proceedings. We have all experienced cases where the judge has expressed a clear … Continue reading →

Have you ever felt frustrated by the Courts’ reluctance to use its powers to enforce disclosure?   In the latest round in the long running bout of Hart v Hart, HHJ Wildblood QC sitting as a Deputy High Court Judge has sentenced the Husband (H) to 14 months imprisonment for contempt for failing to produce documents … Continue reading →

A Larke v Nugus request is a request regarding the circumstances of drafting a Will. The starting point is the case of Larke v Nugus (1979) 123 SJ 327. It is a case I sometimes use when advising probate clients. The case held that the professional who drafted the Will should provide information about the drafting and … Continue reading →

Change to the small claims track limit Reform to personal injury claims is a hot topic at present, with significant pressure being placed on low-value claims. Most notably government ministers decided recently that there will be an introduction of whiplash reforms in April 2019. There was news on 23rd February 2018 that the Small Claims … Continue reading →

Firstly, the question of whether the factual matters that have been, or may be, the subject of a criminal prosecution should also be litigated within family proceedings is always to be determined on a case-by-case basis. Secondly, a fact-finding hearing should only be embarked upon where it is both necessary and proportionate to do so. … Continue reading →

The prospect of one party receiving an inheritance is often cited in financial relief cases as a reason to depart from equality. But to what extent is the court likely to take it into account? What factors are relevant in assessing what is sufficiently certain and what is impossibly vague? The decision in Alireza v. … Continue reading →

In my August 2017 article I considered the Cafcass document ‘Guidance on the use of professional time to benefit children’ (‘the Guidance’) in the context of private law children proceedings. While Cafcass believes it is crucial that the work it carries out before and at the First Hearing (FHDRA) should continue unchanged, it proposes to … Continue reading →

Identifying the problems One social worker who took part in a recent study of Child Protection Practice with Romani and Traveller children declared that ..”it is virtually impossible to get a foster carer or adoptive parent who can meet the child’s cultural needs. The opportunity to get a perfect match is impossible. I know of … Continue reading →

The purpose of this article is to explore in the context of Financial Remedy, the extent to which the law has evolved, if at all, since the case of Xydhias v Xydhias [1999] 2 All ER 386 especially in relation to the rather vexed question of whether the parties have entered into a concluded agreement, … Continue reading →

As is well known, in cohabitation cases the court is seeking out the parties’ intentions in relation to their property.  Where a declaration of trust exists, this is conclusively binding.  Where none exists, the court must rely upon what was said and done to establish intentions.   So far, so straightforward. But what happens when it … Continue reading →

The enforceability of a credit hire agreement has consistently led to a flurry of litigation in the sticky web of dispute surrounding credit hire. There have been several cases in recent years that have attempted to clarify this difficult area of law. However the sheer volume of updating cases has at times caused more confusion … Continue reading →

Last month, Sir James Munby published his 18th View from the President’s Chambers. “The on-going process of reform – Financial Remedies Courts” expands upon the 17th View (“divorce and money – where are we and where are we going?” [2017] Fam Law 607) and the “President’s Circular: Financial Remedies Courts” [2018] Fam Law 91. The … Continue reading →

There has been a very useful recent decision on global maintenance. Global maintenance is the mechanism by which the Court makes an order that provides for an overall award of maintenance but allows for that award to be reduced by the amount of child maintenance paid under the statutory CMS system. Arguably a global maintenance … Continue reading →

I had been dealing with a longstanding family finance case. Husband and wife had almost reached agreement on what to do with the joint assets following separation. Then tragedy struck; the husband died. Acting for the wife, and in discussion with my instructing solicitor, we agreed to pursue a claim under the Inheritance (Provision for … Continue reading →

The 2018 report of the British Association of Social Workers’s (BASW) into adoption law According to an independent enquiry into adoption law in the UK by the British Association of Social Workers’s (BASW), adoption has become a “runaway train,” almost impossible to stop. The two-year enquiry, led by Professors Brid Featherstone and Anna Gupta, gathered … Continue reading →

A distillation of the key points from this important guideline case concerning hair strand drug testing. On 29th September 2017 after 6 days of evidence, legal argument and submissions Mr. Justice Peter Jackson handed down a Judgment that looked at several key issues that are relevant to practitioners in public and private law family proceedings … Continue reading →

More and more often, parties within legal proceedings are using email as their preferred method of serving documents. However, the recent case of Glencore Agriculture BV v Conqueror Holdings Ltd [2017] EWHC 2893 provides a warning that when using such a method, steps should always be taken to ensure that the email address you are … Continue reading →

Following separation, the traditional process of resolution of issues through correspondence or the court process works for many. But, whether to avoid the long delays caused by court listings, the cost of complying with directions or simply the adversarial nature of disputes, an increasing number are now seeking a more amicable resolution. The collaborative process … Continue reading →

On Thursday 14th September 2017 the President, Sir James Munby released a Circular about the Cobb Review of PD 12J (commissioned by the President and published in January 2017). Mr. Justice Cobb had also published a draft amended PD 12J with his review, which I addressed in an earlier article for Family Law Week.  The … Continue reading →

On the 27th November 2017 a new Part 3A of the Family Procedure Rules 2010 comes into force supplemented by a new Practice Direction 3AA. The purpose of the new Part 3A is twofold: to set out the court’s duties and powers in relation to assisting parties whose ability to participate in family proceedings may … Continue reading →

More and more we are getting clients who have started to record telephone calls, interviews, handovers, or ask us if they should do it…or not do it Covert recording in the world generally is on the up and up.   Technology these days is becoming smarter and so are the people who seek to use it.   … Continue reading →

There has historically been a belief that direct contact between parents and children was so important that the court must do whatever it can to try and facilitate it but this is no longer the case. In Re H-W (a child) [2017] EWCA civ 154 the Court of Appeal made it clear that the Judge … Continue reading →

Inheritance Act cases divide opinion amongst lawyers. Some say they are family law, some say they are probate. Some consider them to be a standalone type of case that calls for specialism in only this area of law. I happen to cover probate and family, so I do not have an opinion either way, but … Continue reading →

There is no clear age at which children can give evidence in family court proceedings. Section 1(3) of the Children Act 1989 sets out a check-list of factors the court is required to take into account when making a decision which affects the welfare of a child. The first of these factors is “the ascertainable … Continue reading →

In a terse and succinct judgment approved by the President, Mr Justice Mostyn has made it clear that the Family Court has the power to order one party to indemnify the other in respect of a mortgage liability (CH v WH [2017] EWHC 2379). In CH v WH [2017] EWHC 2379 the parties owned two … Continue reading →

This is a question I am asked quite regularly, by clients anxious about contact, despite the efforts they have made to achieve an acceptable Child Arrangements Order.  There are a number of ways that I seek to reassure them. Enforcement of Orders There are a number of provisions set out within ss11I-11P of the Children … Continue reading →

In my experience the answer to this is a resounding “Yes”. Round-table meetings have become increasingly popular over the past few years, although it is less clear whether this is due to an increased emphasis on a collaborative approach or down to the current court listing difficulties. To take part in round-table meetings you do … Continue reading →

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 →

It is easy to get so used to the ‘standard’ procedure for financial provision claims that little attention is given to the accelerated procedure when a variation application comes around. It often happens that the parties – and the court – fall into the usual routine of extensive disclosure, questionnaires and, inevitably, cost. But a … Continue reading →

The recent case of London Borough of Hackney v Williams & Anor [2017] EWCA Civ 26, is a helpful reminder that, although it is assumed that parental consent is needed before a child can be accommodated under S20, this is not always the case. Although the case concerned an appeal in relation to claims made … Continue reading →

This article highlights the problems that can arise when appropriate Cafcass safeguarding checks have not been carried out and the court decides, acting upon erroneous advice from a very senior court legal adviser, to make an order for interim contact of its motion. The mother, who was initially legally aided but later became a DPA … Continue reading →

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 →

In the case of Birch and Birch [2017] UKSC 53 the Supreme Court decided that a consent order made in 2010, under which the wife undertook to discharge the mortgage on the family home in return for the husband giving up his interest in it could be revisited by the court. The brief facts are … Continue reading →

Within the recent case of  Jones -v- Oven [2017] EWHC 1647 (Ch) HHJ Paul Matthews (sitting as a High Court Judge) considered the issue of “new” witness statements filed outside of the directions previously made by the Court. In this particular case, the Claimant sought to serve two additional witness statements on the day of the … Continue reading →

In discussions with various professionals, I have been surprised with the number of people who immediately switch off at the mention of data protection. Well, perhaps not surprised, but troubled. That observation has led me to this article. The purpose of this short article is not to offer any advice or explanation on the current … Continue reading →

The Chief Executives of Cafcass and Cafcass Cymru have issued new guidance on the use of its officers in private and public law children proceedings. The document, functionally entitled ‘Guidance on the use of professional time to benefit children’, has been issued with the approval and support of the President of the Family Division and … Continue reading →

The decision of the Supreme Court on the 26th July 2017 in R (ex parte Unison) v Lord Chancellor [2017] UKSC 51 marks the very welcome end (at least at the moment) of fees in Employment Tribunals, declaring the Fees Order which introduced the fees “unlawful under both domestic and EU law because it has … Continue reading →

Some interesting case law regarding s. 20’s has hit the scene and it is worth reminding ourselves exactly what s. 20 is, and what it means for our clients: To remind ourselves of the law, and for ease, I have written out only the parts of the section which are generally what are needed to … Continue reading →

I recently had a hybrid Child Arrangements Order, Specific Issue Order (Schools) and Schedule 1 Children Act case where the Husband/Father argued that because the Financial Remedy final order had referred to the issue of school fees in the preamble, recording that the Wife would endeavour to pay half and that the parties would review … Continue reading →

It has been more than a decade since Miller/McFarlane and it has taken the demolition of White Hart Lane to stymie the chants about Mr. Parlour’s need to take subterranean public transport. And yet, the concept of special contributions is still not put to bed. Blame the lawyers. In Work v Gray [2017] EWCA Civ … Continue reading →

Many of us will have experience of section 28 of the Matrimonial Causes Act 1973 (‘MCA 1973’). Regular reference is made to section 28(1A) which allows the court to prohibit any application under section 31 to extend the term of a periodical payments order. We all regularly use section 28(1), which provides that the remarriage … Continue reading →

Peter Jackson J has used a recent case to remind practitioners of the need to adapt normal working practices when dealing with a litigant-in-person. The case, reported as Re B (Litigant in Person: Timely Service of Documents) [2016] EWHC 2365 (Fam), involved the alleged abduction of a child.  The father was represented, the mother was … Continue reading →

Family analysis: In C v G, a mother successfully sought the return of her two children from Madagascar where they were living with their father after being wrongfully removed from the UK. Marie Crawford, barrister at Becket Chambers, explains why the judgment is helpful in restating the law in this area of family practice. Original … Continue reading →

Marie Crawford considers the orders a court might make at a first hearing dispute resolution appointment. I decided to look in detail at the First Hearing and Dispute Resolution Appointment as a result of a recent experience in a Tier 1 family court, where there appeared to be some confusion as to what orders the … Continue reading →

“A grave and widespread problem….” is how Wilson J (as he then was) referred to the question of how can a spouse, usually the wife, who is ineligible for legal aid but has negligible capital, secure legal advice and representation in order to pursue her rights against her husband. [Sears Tooth (A Firm) v Payne … Continue reading →

The case of Gore v Naheed [2017] EWCA 369 was recently decided in the Court of Appeal and considered the issue of costs when one party has failed to mediate. The facts of the case centred around a right-of-way dispute with the Claimant seeking an injunction against the neighbouring Defendant. In the first instance, the … Continue reading →

Article 1 of the Family Law Arbitration Children Scheme Arbitration Rules 2016 (1st Edition, effective, 18th July 2016) “The Family Law Arbitration Children Scheme (“the Children Scheme”) is a scheme under which disputes concerning the exercise of parental responsibility and other private law issues about the welfare of children may be resolved by the determination … Continue reading →

The issue of setting aside a Consent Order in the context of non-disclosure was revisited in the recent case of Norman v Norman [2017] EWCA 120. The case, heard by the Court of Appeal on the 19th of January 2017, with Lady Justice King delivering the approved judgement, was an application for permission to appeal … Continue reading →

A Beddoe application is a type of application to the court, made by trustees, for directions. The trustees ask for permission from the court to litigate (or continue to litigate) against someone not a party to the proceedings. There is a main application, which is the substantive case itself, and the Beddoe application. Common Beddoe … Continue reading →

The Lord Chancellor announced on the 27th February the reduction in the discount rate to minus 0.75%. The change came into force on 20th March 2017. This is likely to result in a rise in a successful Claimants’ personal injury compensation payment. Many Claimants will therefore be keen to withdraw Part 36 offers previously made. … Continue reading →

SOME areas of law allow the lawyer in question to deal with something nice. For example setting up a new business, buying a house, or receiving an inheritance from an unknown relative who left a handsome sum to a client. That last example would fall under probate law. Lots of probate however is less pleasant. … Continue reading →

The presumption of contact can now (explicitly) be displaced As a result of the work of the All Party Parliamentary Group on Domestic Violence (APPG) after the publication in January 2016 of the influential Women’s Aid report entitled ‘Nineteen Child Homicides: What must change so children are put first in child contact arrangements and the … Continue reading →

In my view there are many reasons why we lawyers should be getting serious about the collaborative process. The first is the over-stretched, over-burdened and under-resourced Court Service, which means that clients have to wait longer than ever for the resolution of their case.  The second is the ever-more-limited resources of clients, and the difficulty … Continue reading →

In so far as delay was concerned, for a time, at least, it seemed that jurisprudence and argument was trying, hard as it might, to imply the possibility of a time-bar: the high-tide being illustrated by Rossi v Rossi & Rossi [2006] EWHC 1482 (Fam) and S v S [2006] EWHC 2339 (Fam). This was, … Continue reading →

The case that has caught the attention of the sensationalist press recently is that of Graham and Maria Mills. Divorced in 2002, Mrs Mills was at that time awarded a lump sum of £230,000 and periodical payments of £1,100 p.c.m.. Some 15 years later, the Court of Appeal was considering her application to vary the … Continue reading →

An equitable account is often tagged on at the end of a cohabitation claim as something of an after-thought. It is usually pleaded as a way to recover occupation rent, but it can be used more widely.  Ahead of the Becket Chambers Cohabitation seminars in March 2017, here is a summary of the principles in … Continue reading →

Sometimes when a barrister says he (or she) will “dine out on a case” it’s literally true. I was instructed recently in a landlord and tenant case involving the commercial lease of a fast food premises; my client was the tenant who had acquired the lease of a vacant fish and chip shop; the lease … Continue reading →

Having only done a few FDAC cases in Kent so far, it may be too soon to tell, however I have to say that my experience of the process and that of my clients was extremely positive. For a guide to FDAC, how and why it was set up and what it does, you cannot … Continue reading →

There were 2 financial remedy cases decided,  one in the High Court and one by the Privy Council just before the Christmas break and in case anyone missed them in the mad festive preparations  I am going to take this opportunity to briefly summarise them The first  case of Goyal v Goyal [2016] EWHC 2758 … Continue reading →

On Thursday 27th October 2016, Becket Chambers hosted a seminar spanning a wide range of civil topics covering recent case law and updates. The aim of the seminar was to bring together Local authority lawyers, civil practitioners and other professionals. One of the cases discussed at length during the course of the seminar was the … Continue reading →

The President’s Guidance in relation to split hearings issued in May 2010 stated that split hearings “…are taking place when they need not do so and are taking up a disproportionate amount of the Court’s time and resources..”.  Court time and resources have, if anything, become even more scarce today in 2016 so how can … Continue reading →

Identifying The Problem Court proceedings involving the phenomenon of the ‘excluded parent’ can take many forms. Such cases are variously described as parental alienation/ hostility, intractable contact, chronic litigation disputes etc. There is no definition of these terms but as practitioners we encounter them quite regularly and we recognise them when we see them. Getting … Continue reading →

Initiated by the President (Munby, not Trump!), the Sussex Settlement Conferences pilot begins in January 2017, beginning in Brighton but with the aim of extending across Sussex. This new process can be applied to any Family Law case – public or private – to aid resolution. It seems that the potential for the process to … Continue reading →

In Re W (Minors) [2016] EWHC 2226 (Fam), Mostyn J provides guidance in respect of the duration of without notice orders. This case concerned three sets of proceedings by the parties following the breakdown of their relationship: High Court proceedings issued by the father; an application by the mother for a non-molestation order in the … Continue reading →

In many cases clients are keen to obtain Decree Absolute, the final stage of the formal divorce process. For some it’s a time to grieve, for others a chance to host a Divorce Party. There are some circumstances, however, when there are good reasons to delay it.  One such reason may be the risk to … Continue reading →

The Becket Chambers Commercial Team deals with all types of business organisation- from listed companies to sole traders. A surprising number of disputes come from partnerships, when two or more friends or relatives have set up a business informally, and there is, later, a disagreement as to what each partner may, or may not do. … Continue reading →

I was reminded recently in a case that it is possible to obtain financial support under Schedule 1 of the Children Act 1989 in certain circumstances. The facts in my case were that the Parents were divorced and there had been no financial orders made. The Father had the care of the children on an … Continue reading →

Once again, there are rule changes afoot, relevant to the family lawyer. As of 03.10.2016, there will be amendments to the Family Procedure Rules, to be known as the Family Procedure (Amendment No 2) Rules 2016. They can be found here. For the family finance practitioner, rules 4 & 8 are of particular interest. Rule … Continue reading →

This case concerns a successful appeal by prospective adopters against a decision to refuse an adoption order and grant an SGO to paternal grandparents and is of interest as the appeal raised the following issues: The approach to be taken in determining a child’s long-term welfare once the child has become settled in a prospective … Continue reading →

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 →

Since February 2016 private landlords in England have been required to carry out checks to ensure that those they let to have a ‘right to rent’. With penalties for non-compliance of up to £1,000 per tenant (or £80 per lodger) and rising to £3,000 (and £500) for repeat non-compliance, it is vital that landlords understand … Continue reading →

A recent case I dealt with provides a useful illustration of ‘Murphy’s Law’ (“anything that can go wrong, will go wrong”), and highlights the importance of seeking the appropriate legal advice before taking any action Mr X refused to pay his Council Tax over a period of several years and owed over £6,000, so in … Continue reading →

Last month The Telegraph reported that.. “thousands of divorce settlements could be left open to appeal because the Government’s new stamp duty surcharge is leaving estranged partners unable to buy their own home following a split”. The Telegraph further reported that “Experts said divorce lawyers were largely in the dark about the new law – … Continue reading →

This case has afforded an important decision as well as being an excellent opportunity to review and consider the principles to be applied in cases of relocation and the different approaches to internal relocation and international relocation cases. This was carried out by Lady Justice Black in her judgment which carefully reviews all the authorities … Continue reading →

I am often instructed in cases where people have been intercepted by Customs at a port, have been questioned about excise goods (tobacco or alcohol) they have brought in, and the goods and their car is seized. This article outlines the ‘condemnation procedure’ and some of the basic things that you need to know if … Continue reading →

Many boundary disputes arise from misunderstandings or a lack of communication between neighbours, but rapidly escalate into cripplingly expensive litigation. It’s essential that if you’re affected (whichever side of the fence you’re on) you get proper legal advice from a Solicitor or Barrister before getting sucked into what could become acrimonious, stressful and lengthy proceedings. This article … Continue reading →

The purpose of this article is to consider in the context of Financial Remedy, the issue of pension values and offsetting, especially in light of the case law and in particular, the case of WS v WS [2015] EWHC 3941 (Fam), [2016] Fam Law 564. The facts in WS v WS were briefly, that the … Continue reading →

Having done my first enforcement application this week, I thought I would share this on the blog. Thankfully, these are fairly rare applications, ones that go beyond the first appointment at court are at any rate This is usually enough to bring the ‘offending’ party back into line. I represented a Father who had obtained … Continue reading →

It may not be well known yet but, last week, the 18th July 2016, the Institute of Family Law Arbitrators (IFLA) launched the Family Law Arbitration Children Scheme (‘the Children Scheme’), by which private law children disputes may be dealt with by arbitration. This means that disputes over children may now be dealt with by … Continue reading →

The Court of Appeal has given guidance as to when a court can and should suspend a possession order made under the Housing Act 1988 (relating to housing association or local authority tenancies).  In City Westminster Housing Trust v Massey: Manchester & District Housing Association v Roberts [2016] EWCA Civ 704 the Court was dealing … Continue reading →

Needs play a leading role in every case. In the majority of cases, needs plays the leading role. Not so much leading actress as the sole presence on the stage in a production written, directed and produced by needs. It is in the minority of cases where assets are of a sufficient size that needs … Continue reading →

Each year the police send thousands of formal notices requiring information as to the driver of a motor vehicle that is alleged to have committed a road traffic offence. Failing to comply with s172 of the Road Traffic Act 1988 has become a frequent charge in the Magistrates Court. The section imposes a duty to … Continue reading →

The recent decision in DB v DLJ (more below) led me to consider whether the relatively low take-up of arbitration as a means to resolving Family Financial issues between divorcing couples is as the result of a concern as to whether arbitration decisions have sufficient certainty to provide the divorcing parties with enough confidence in … Continue reading →

I am very gratified in seeing the recent case of M v F (Covert Recording of Children) (2016) EWFC Peter Jackson J, were he gives yet another insightful and sensible judgment, this time in relation to the recording of children. I, like many other family practitioners I am sure, have had to deal with this … Continue reading →

The long-running case of Vince v. Wyatt has finally reached a conclusion, a full 23 years after the parties divorced ([2016] EWHC 1368 (Fam)).  For those of you who have been in a news bubble for the last few years, this was the case of the self-made eco-millionaire who refused to pay a financial award … Continue reading →

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 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 →

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 →

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 →

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 →

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 →