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
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
Throughout a marriage, more often than not, the parties see themselves as a team, contributing either financially or otherwise for their common good. On divorce, self-interest habitually becomes the priority. However, more frequently than one would hope, the intention of a party can be to make their former spouse suffer, indeed in some instances that … 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
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
The Court of Appeal has recently given its decision in the case of Watts v Stewart [2016] EWCA Civ 1247, and in so doing has provided a useful reminder of the distinction to be drawn between a lease and a licence. The case is also a restatement of the Street v Mountford principle that the … 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
As 2017 fast approaches, it is likely that most personal injury practitioners will be facing the New Year with some trepidation. On 11th November it was announced that Lord Justice Jackson has been asked to review the situation with regards to civil litigation costs. Amongst other things, the suggestion is that proposals will be made … 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
Lawyers are repeatedly reminded of the need to comply carefully with the various (and often onerous) requirements of the Civil Procedure Rules. Any deviation from their path can lead to heavy sanctions for the defaulting party and a stern telling off in Court. The Court of Appeal’s approach when considering the application of CPR 39.3 … 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
A common sight in most, if not all, long leases of residential property is the phrase ‘such consent not to be unreasonably withheld,’ but what does that provision actually mean? The High Court recently considered the point in relation to assigning or underletting a lease of residential premises. Case Law The case of No.1 West … 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
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
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
Prior to commencing proceedings there are a number of issues to consider such as the cause of action, any relevant limitation period, not to mention advising the client of the potential costs consequences. As such it is easy to overlook the more administrative matters such as ensuring that the correct court fee is paid. However … 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
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
Following on from the recent case of Marks & Spencer v BNP Paribas [2015] UKSC 72, the issue of implying a term into a lease has been revisited, this time by the Chancery Division of the High Court. Caselaw In Iceland Foods Ltd v Aldi Stores Ltd [2016] EWHC 1134 (Ch) the court was concerned … 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
As is often the case, the first attempt at a new process is not perfect and requires tweaking as time goes on; cost budgeting is no different it would seem. Having noted that the budgeting process is utilising a great deal of court time and resources, efforts have recently been made to streamline the process; … 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
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
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
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
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
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
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
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
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