Paul Eaton

Article: Top 5 tips to prepare for a court hearing

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

A Guide to Non-Molestation Orders

This article aims to look at the test required to be met and the process once at court of getting a non-molestation order. It does not cover the initial application process but the application should be made on form FL401 which can be found here: https://www.gov.uk/government/publications/form-fl401-application-for-a-non-molestation-order-occupation-order The basic law around non-molestation orders, the hearings and Continue reading

What is a ‘shared care’ or ‘lives with/lives’ child arrangement order and what does it mean in practical terms?

Introduction One of the areas that I am most often asked about by my clients is the concept of shared care order or lives with /lives with child arrangement order. There are many myths about it and what it means and often people are quite confused about the implications. Custody/ residence / ‘lives with’ orders Continue reading

Re-opening Civil Matters in the Magistrates Court – Traffic jams can leave you car-less or homeless

Sometimes cases are a bit like buses and the same unusual legal points appear in several cases in close succession; I have just had two cases where the Magistrates Court has been asked to review its own Civil Orders depriving individuals of, respectively, their car and their home. The first case involved condemnation proceedings following Continue reading

Two bites of the cherry in matrimonial finance … or not, rule the Supreme Court

Cara Radford examines the recent decision Supreme Court decision in Mills v Mills dealing with changes in parties’ financial circumstances several years after a divorce. Upon the unfortunate event of a divorce, there are a number of matters that normally need to be managed – one of those being the matrimonial finances. This can be Continue reading

HMO Licensing: all change from October 2018

Introduction Becket Chambers is based in Canterbury, a city with two universities and over 40,000 students. Consequently, very many of our Landlord clients rent to students and are likely to have properties subject to mandatory HMO (“Houses in Multiple Occupation”) Licensing regulations. Mandatory HMO Licensing was introduced in 2006 as a means of providing some Continue reading

HMO Licence Fees after Peter Gaskin v Richmond upon Thames: Possible Relief for Regulated Landlords

Introduction HMO (“Houses in Multiple Occupation”) Licensing has been in place since 2006 and entitles local authorities to impose conditions when granting licences to Landlords. In addition, and as discussed in my related article on the subject, councils are also entitled to levy a fee for the granting of such licences. In fact, the HMO Continue reading

Cash Seizure and Forfeiture under the Proceeds of Crime Act 2002

Introduction It’s a problem we are all familiar with; you are a successful international business person travelling into the UK with some cash in connection with your next project. You are stopped at the border and a Border Force official finds the cash (e.g. currency, postal orders, cheques, bankers drafts or bearer bonds) and decides Continue reading

Keeping Children Within the Extended Family: Special Guardianship Orders for Grandparents

In circumstances where Social Services are concerned that a child may be suffering or at risk of suffering  significant harm, there has been an increasing move towards placing the child within the extended family rather than placing them in long term foster care or for adoption. The aim of this article is to assist grandparents Continue reading

An increase for injury to feelings: the Vento Bands and compensation in discrimination claims

When an employee accuses their employer of discrimination (for example on grounds of disability, sex or race) they can ask the Employment Tribunal to make the employer compensate them for “injury to feelings”. This award isn’t aimed at punishing the employer but at compensating the employee for the hurt, humiliation and upset suffered. It is Continue reading

Early Conciliation

In my last article I looked at some of the procedural hurdles which need to be dealt with when considering making a claim to the Employment Tribunal; in this article I will consider the Early Conciliation process which all claimants need to undertake before they can make a claim. Early Conciliation The purpose of Early Continue reading

Making a Tribunal Claim

Employment Tribunals were originally set up in the 1960s as a forum for employers and employees to settle disputes quickly, easily and cheaply between themselves without the need to involve lawyers; sadly, like so many dreams from those simpler times, those sensible ideals have disappeared under the weight of fifty years of reality, political interference, Continue reading