Having recently discovered that it is a little known fact that it is possible to make Legal Services Payment Orders (LSPOs) in Children Act proceedings, it seemed like a good idea to share that in a short article. Of course, it is not possible to invoke the statutory Matrimonial Causes Act jurisdiction to make LSPOs … Continue reading
I am often asked by my clients in private law proceedings whether they can recoup their costs of the proceedings from the other side. Generally, the answer is that it is very unlikely that the court will make a costs order unless the other side has engaged in unreasonable litigation conduct (not acted unreasonably towards … Continue reading
I have been dealing with a number of such hearings recently; whether for permission to make an application under s8 of the Children Act 1989 or for permission to apply to discharge a Special Guardianship order. Applications to discharge a Special Guardianship Order are governed by s14(D) of the Children Act 1989. S14D(3) identifies the … Continue reading
In the months immediately leading up to the commencement pupillage on October 2nd 2023, I attended networking & Law Society events, and Chambers’ 30th anniversary celebration. This enabled me to meet Chambers’ members prior to beginning pupillage and to form relationships with several legal professionals. I have since hit the ground running. A standout moment … Continue reading
What an enticing cocktail!. This may be the last case in which Mostyn J is reported to have commented on clean breaks, he having retired shortly after this case was decided. In this case he adds to the compendium of his comments on clean breaks such as the often cited paragraph 46 of his judgement … Continue reading
The purpose of this article is to alert readers to the Law Commission’s current review of the law on finances, the ambit thereof and the terms of reference. It will be noted that the Matrimonial Causes Act 1973 (“the Act”) has been in existence for 50 years. On the 4th April 2023 the Law Commission … Continue reading
The Centre for Justice Innovation annual report for the Family Drug and Alcohol Courts (“FDAC”) has recently been published with a foreword from Sir Andrew McFarlane, President of the Family Division. In the foreword the President describes FDAC as “a problem-solving, court-driven, approach to care proceedings”. Statistically, FDAC families have been shown to be much … Continue reading
I started my pupillage with Becket Chambers in October 2023. Almost straight away, I was accompanying members to court, and after only one month in, I have gained a wide range of exposure in the various practice areas of Chambers. The structure of pupillage and the support systems that are in place for pupils including … Continue reading
Section 1 of the Anti-Social Behaviour, Crime and Policing Act 2014 provides the Court with the power to make an injunction (“ASBI”) if: The Court is satisfied, on the balance of probabilities, that the Respondent has engaged in or threatened to engage in anti-social behaviour and The Court considers it just and convenient to grant … Continue reading
As a practising barrister and mediator, I want my clients to make the most of Financial Disputes Resolution appointments. [FDR] The purpose of this article is to assist clients, litigants in person or clients who instruct counsel on a direct access basis to understand the process to enable them to get the most from their … Continue reading
You can never have too many tracks, said no one ever. Apart from Sir Rupert Jackson who recommended that the small, fast and multi-track should be (and is from the 1st of October 2023), augmented to include a new intermediate track. Putting aside observations about the fast track actually being rather slow and the multi-track … Continue reading
FXF v 1) English Karate Federation Limited & 2) The Ishinryu Karate Association [2023] EWCA Civ 891 has provided clarification on applications for relief from sanctions in respect of setting aside default judgment. Background and Chronology The claimant had sought damages for personal injury for alleged serious sexual abuse by her karate coach between 2008 … Continue reading
Applications for Non-Molestation Orders are a staple diet of courts up and down the country. Many of those responding to an application for a Non-Molestation Order are litigants in person, so they do not have the benefit of legal advice. This article is designed to assist those people by setting out what to expect from … Continue reading
This article deals with the interplay between permission to appeal and stay applications following an order made under Section 8 of the Children Act 1989. The matter came to be determined recently in the case of Re HH (A Child: Stay of Order pending Appeal) [2022] EWHC 3369. The facts of the case are not … Continue reading
A court may only make either a care order or supervision order if the “threshold criteria” at s 31(2) Children Act 1989 are satisfied, namely:- (a) that the child is suffering, or is likely to suffer, significant harm; and (b) that the harm, or likelihood of harm, is attributable to- (i) the care given to … Continue reading
I have dealt with a number of cases recently where vehicles have been seized by Border Force pursuant to their powers under Section 88 of the Customs and Excise Management Act 1979 (“CEMA”), which provides that: “Where— … (c) any other vehicle is or has been within the limits of any port, railway customs area … Continue reading
The Nuffield FJO paper, ‘Uncovering Private Family Law: Exploring applications that involve non-parents’ details their research regarding the involvement of non-parents in legal proceedings related to children – they term these applications ‘Non-standard cases’. Traditionally, private family law has predominantly been focussed on disputes between parents, however as societal dynamics have changed the inclusion of … Continue reading
“Section 20 accommodation” is a term used in care proceedings which describes a voluntary arrangement between parents and a local authority, whereby the parents give consent for their child to be accommodated by the local authority. This is pursuant to Section 20(1) of the Children Act 1989, which expressly states that local authorities indeed have … Continue reading
The recent decision in Brem v Clark & Anor [2023] EWHC 1358 (KB) is a good reminder of the matters that the court will consider when determining an application to strike out a ‘dubious’ claim in unusual circumstances and a subsequent appeal against the decision to strike out. Background The Claimant had brought a claim … Continue reading
There has been some uncertainty over the correct approach to the issue of when findings of fact can be re-opened. This was as a direct result of the judgment of Mostyn J in Re RL. This uncertainty has been addressed in the recent case of Re J (Children: Reopening Findings of Fact) [2023] EWCA Civ … Continue reading
As part of an ever-growing set of Chambers in Kent looking recruit the best and brightest of barristers, Sophie Gray and Fiona Brown give an insight in to the pupillage process at Becket Chambers. Sophie: My own career at Becket Chambers began in 2013 when I joined as a pupil. Over the years, whilst my … Continue reading
Practitioners are well aware that early identification of parental alienation is crucial. The longer alienating behaviour goes undetected, the further entrenched a child may become, impacting the relationship with either or both of their parents. Often a finding of alienation is determined on the strength of the factual evidence provided to the court with the … Continue reading
As Becket Chambers prepares to celebrate 30 years of operating as an independent barristers’ chambers, later in September this year, I am taking this opportunity to reflect on an issue which has dominated headlines recently and doubtless will continue to do so for some considerable time in the future, the cab rank rule. Simply put, … Continue reading
This is an update to an article I published on Becket Chambers’ website in April 2022 entitled “Participation Directions in Family Proceedings, the Domestic Abuse Act 2021 and sexually explicit material.” This article examines how Part 3A and Practice Direction 3AA of the Family Procedure Rules 2010 (“FPR”) and section 63 Domestic Abuse Act 2021 … Continue reading
In case anyone has missed the announcement the 17th May 2023 saw the release on brand new versions of the Standard Family Order. In his advisory notice Peel J said the following: The Standard Family Orders (SFOs) do not have the status of “forms” under FPR Part 5. The default position is that they should be used, … Continue reading
The primary purpose of this article is to draw attention to a very useful jurisdiction to vary financial remedy orders that is very rarely referred to, and used even less, but also, to refer cautiously to some obiter comments suggesting, against the general flow of judicial pronouncements, that it may provide only very limited remedies … Continue reading
This article provides a brief introduction to the concept of employers’ liability and considerations for claims against employers for injuries suffered at work. The Duties of the Employer An employer has a duty to take reasonable care of the health and safety of their employees in the course of their employment. The scope of this … Continue reading
The recent judgment in the case of Re S (a child) and Re W (a child) [2023] EWCA Civ 1 has changed the way that local authorities can use the provisions for voluntarily accommodating children under s.20 (Children Act 1989). The judgment considers two appeals against the Orders of two local Judges, HHJ Coffey in … Continue reading
Litigation comes with its share of risks and uncertainties, which can cause clients to question the amount of time it will take for their issues to be resolved as well as the associated cost. The COVID 19 has forced many organisations and institutions to rapidly change over night – including courts who are now tackling … Continue reading
How often do we really stop, and I mean really stop….. and look at things ‘through the eyes of a child’. We use all the cliche phrases over and over again, all coming from I suggest perhaps a paternalistic and protecting stance. We all know that the welfare of the child is paramount. When completing … Continue reading
In a recent case heard in the Family Court sitting at Birmingham, Mrs. Justice Lieven provided a useful overview of the applicable principles that a court should apply when considering whether to grant a non-molestation order on a without notice basis. The case citation is DS v. AC [2023] EWFC 46 and the facts of … Continue reading
“Refuges are designed to be both physically and psychologically safe environments for adult and child victims of domestic abuse. They are life-saving services” (paragraph 34.1 of the judgment in Re P (Service on Parent in a Refuge) [2023] EWHC 471 (Fam]). Due to the nature of the services provided by refuges, the address of any … Continue reading
The application of Section 91(14) has long been seen as a blunt instrument to prevent repeat applications for Section 8 orders been brought by one party or the other. The intentions were noble back in 1991 when it became law, but did not prevent a significant amount of repeat applications being made, often perpetuating domestic … Continue reading
Many parties express an initial reluctance to engage in mediation as they think that mediation won’t be able to solve particular types of “personal” disputes, for example, probate claims where a dispute has arisen within a family about a Will or boundary disputes where neighbours are arguing about whether a fence or hedge is in … Continue reading
It was, Mr Justice Peel concluded, “the clearest possible case” for reasonable financial provision from a deceased’s estate under section 1 (1) (a) of the Inheritance (Provision for Family and Dependants) Act 1975 (IA 1975). Although an undefended Part 8 claim determined summarily (albeit a decision which caused “careful and anxious consideration” on the part … Continue reading
This article will set out the law in relation to the judicial allocation for applications under s.25 of the Children Act 1989. I observed an application for a Secure Accommodation Order (SAO) recently, during pupillage with Becket Chambers, and I was surprised to learn that such application does not need to be heard by a … Continue reading
Re S (Children: Party Status) [2022] EWCA Civ 1717 (per Peter Jackson, LJ) This appeal concerned whether the refusal of an application by the Appellant to become a party to care proceedings was wrong. The appeal was allowed. Relevant law on joining a party to care proceedings as set out by Jackson LJ: Family Proceedings … Continue reading
S 31 (2) Children Act 1989 provides that a court may only make a care order or supervision order if it is satisfied:- that the child concerned is suffering, or is likely to suffer, significant harm; and that the harm, or likelihood of harm, is attributable to- the care given to the child, or likely … Continue reading
Background It is not uncommon for a will to gift a specific sum which is left to trustees to administer with express instructions that the income from that sum should be paid to an individual during their lifetime, and that the fund can be used to pay all or any of the capital for the … Continue reading
The recent case of HD v WB [2023] EWFC 2 explores the issue of pre-nuptial agreements and what weight should be attributed to them when also considering parties’ needs. Both husband and wife were aged forty-six and had initially began their relationship in 1996. Whilst the relationship had ended after a few years, they again … Continue reading
This article considers whether there would be a benefit to findings of fact made in public law family proceedings being centrally recorded and accessible to safeguarding professionals. Where the facts of a case are in dispute in family proceedings, the court may hold a fact-finding hearing to determine the factual matrix. The findings made usually … Continue reading
This article provides an overview of a judgment handed down by Mostyn J on 23 December 2022 regarding whether a contact order made in private law family proceedings should be stayed pending an appeal against findings of fact. The judgment sets out the key principles to be taken into account when an application for a … Continue reading
Readers are referred to the article by Melanie McIntosh “Financial Remedy: Snapshot Eclectic Update” drawing attention to the Statement on the Efficient Conduct of Financial Remedy Proceedings given The Hon. Mr. Justice Mostyn has again expressed exasperation due to the “utter disregard” for guidance, procedure and orders in the family courts roundly critising the case … Continue reading
What do they do? It is an injunction which prevents a defendant from dealing with particular assets over which the claimant asserts a proprietary right pending trial. Is a proprietary freezing injunction different to a freezing injunction? Yes. A freezing injunction prevents a defendant from dealing with his own assets. A proprietary freezing injunction prevents … Continue reading
It was the best of times, it was the worst of times… Legal life post-covid has been challenging. Becket Chambers was fortunate at the start of the pandemic (when I was chairman of the management committee). We were already an agile chambers with good virtual facilities. Years followed of virtual meetings, telephone and video hearings, … Continue reading
Case Management Decisions – are they appealable? “No” appears to be the short answer. This is a recent decision (this month) where the High Court upheld a decision by a lay bench not to permit oral evidence of the parties at a private law final hearing. The court held that it was a legitimate exercise … Continue reading
This article provides an overview of the court’s powers in limiting evidence heard during family court proceedings. I will be examining some key lessons on this topic as heard in the recent case of Mother v Father [2022] EWHC 3107 (Fam). Giving evidence at a hearing concerned with your child or children may feel like … Continue reading
The purpose of this article is to provide a brief update in respect of a few diverse financial remedy issues/topics and in particular: (1) anticipated HMRC changes to Capital Gains Tax (“CGT”) on separation and divorce, (2) Statement on the efficient conduct of financial remedy hearings proceeding in the financial remedies court below High Court … Continue reading
With the opening of the 2023 pupillage gateway upon us, this article is intended to provide an insight in to pupillage at Becket Chambers. The article will focus on the structure of pupillage at Becket Chambers, and will also cover what Becket looks for when considering applications. I am the current pupil and I am … Continue reading
Business Assets: Correct treatment of both a Directors Loan Account and a Discount from Par Value & Litigant in Person: The Appellate Court making the Appellant’s Case for Her Mostyn J gave judgment on 28th October in Clarke v Clarke [2022] EWHC 2698 (Fam) on an appeal from HHJ Farquhar. His Lordship described the judgment … Continue reading