Articles

When a loved one passes away, it is always a difficult time for the family. What most families will not want to be caught up in is protracted legal claims that have arisen by virtue of the deceased’s will. However, unfortunately, legal claims are sometimes necessary. One preliminary issue that might need resolving is where … Continue reading →

Family law pupils and baby juniors deal with all types of hearing, but perhaps the most formulaic is the fact-finding hearing. This is the family court concept of deciding whether or not a disputed allegation of fact happened on the balance of probabilities. This article sets out a basic guide to preparing for and executing … Continue reading →

At first blush, the “How To Rent: Checklist for Renting” in England might appear to be a document which contains little in the way of helpful information and which is of minimal practical use. In all frankness, it may well appear to be so at the second and third blushes as well. It would not … Continue reading →

The President’s Guidance on Transparency from October last year asked all judges to publish anonymised versions of at least 10% of their judgments with the express aim of ensuring that a larger number of judgments were published. The Guidance had noted that only 87 family cases were published in 2019 (222 were published in 2015). … Continue reading →

The recent case of Re S (a Child) (Jurisdiction) [2022] EWHC 1720 demonstrates the extent of the High Court’s inherent jurisdiction under the Family Law Act 1986. The Act gives the right to the High Court to make ‘Part 1’ Orders in relation to children. Section 1(1) sets out the definition of a Part 1 … Continue reading →

I have been prompted to write this article following a recent problem I had trying to agree what I thought were necessary and reasonable recitals in a public law order following an interim hearing where the central issue was the mother’s contact. THE PRESIDENT’S GUIDANCE The following is a summary only of President’s Memorandum dated … Continue reading →

Section 137 Highways Act 1980 provides that: If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway he is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale. and can be used in a variety of ways, often … Continue reading →

It is well-known that when you come into the UK you are required to declare any goods subject to excise duty or other taxes, including any valuable purchases you have made; anything worth £390 or more should be declared and you are likely to be required to pay any duty or tax due on those … Continue reading →

When it is decided that it is ‘necessary’ – and that is the first question to be decided by the Court (Practice Direction 25 of the Family Procedure Rules 2010) – this should be as early as possible within the start of proceedings. Psychologists are most likely to be the favoured expert because they have … Continue reading →

This article considers the successful appeal of a first instance case in which a final placement order was made in respect of a young child with complex medical needs. Background to this case This case involved care proceedings in respect of C, a young child aged 3, who had complex medical needs. C was the … Continue reading →

Parents often attend either mediation or court expressing their wish for a 50:50 shared care arrangement. Spending 50% of their time with each parent may work for some children but often what is being sought by the adults in reality is an equality of status, involvement in decision making and the maintenance of a close … Continue reading →

Even in Britain, the summer season is finally upon us. Half of our inboxes contain out of office emails from colleagues taking much-needed holidays. Our clients are understandably enjoying time away from work and obligations on trips of their own. However, courts sit year round and a common question among legal representatives is what to … Continue reading →

We are suffering one of the biggest problems ever seen in the family finance courts: a lack of judges and judicial time to hear the cases. Most would agree that a child who is at risk of imminent harm should be prioritised by the family court. To those litigants dealing with a matrimonial finance case … Continue reading →

This article explores the case of B v P [2022] EWFC B18, a successful appeal against the outcome of a fact-finding hearing held before a District Judge in private law proceedings. It is another example to practitioners to be alert to allegations of domestic abuse and understand the approach that should be taken. B v … Continue reading →

The importance of ensuring vulnerable litigants and witnesses are protected by special measures and participation directions when they give evidence in family proceedings The vital importance of this was highlighted in this case, reported in FLW (reproduced below), in which the High Court allowed an appeal against a fact-finding hearing, which ordinarily requires a very … Continue reading →

MacDougall v SW & Ors (sperm donor: parental responsibility or contact) [2022] EWFC 50 is concerned with three linked cases where the children have the same biological father (“JM”). The judgment is concerned with the first two cases (SW and EG), the third case having been adjourned. The court had to consider: JM’s applications for … Continue reading →

The use of intimate images in private law family proceedings is all too common.  Mrs Justice Knowles, sitting in the High Court, gave guidance on this issue and made suggestions as to how such images should be admitted into and managed within private law children proceedings in a judgment handed down on 29.4.22.  The case … Continue reading →

In case you have missed it on 02 March 2022 Mostyn J made an  announcement with the authority of the President about changes to the Standard Financial Remedy Orders as the result of the fact that on 6 April 2022 the Divorce Dissolution and Separation Act 2020 was to come into force. Among many other … Continue reading →

Having written previously about non-matrimonial assets and had recent cause to carefully consider both, on the one hand the effect of the relatively recent decision in WX v HX [2021] EWHC 241 (Fam) that some argue goes to the next level in protecting non-matrimonial assets and, on the other hand, to what extent nonetheless non-matrimonial … 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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 (“ICFA”) 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 →

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 →

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 →

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 →

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 →