In Part 1, we established that the family courts in England and Wales can make ‘spend time with’ orders in favour of a parent who is living abroad. Such orders may be made provided that a) the child in question is habitually resident in England and Wales; or b) is physically present in England and … Continue reading
This is the first of two articles that address the issue of whether a parent can obtain a child arrangements order to see their child, when that parent is living abroad. The answer to this question is found in statute: The family courts in England and Wales do have jurisdiction to make child arrangements orders … Continue reading
Mr X was a valued and trusted senior member of staff at a large professional firm, he was also a friend of a junior member of staff, Mr Y, who he had introduced to a well-known national charitable organisation. Mr Y was not happy at work and had been offered alternative employment but the new … Continue reading
The purpose of this article is to provide guidance to parties who have instructed a barrister under the Direct Public Access scheme, as to how your court hearing is likely to be conducted whilst coronavirus restrictions are in place. When a party issues proceedings in the family court, the court will respond by sending to … Continue reading
One cannot fail to notice that, in today’s more enlightened society, mental health and wellbeing are commonplace discussions. Topics that once would not have been discussed are now considered absolutely essential: depression, wellness, mindfulness. As a barrister, I tend to meet people when times are hard. An old adage at the Bar is that people … Continue reading
When “Customs” (usually the Border Force or HMRC) seize an individual’s or a company’s goods and/or vehicles using their powers under the Customs and Excise Management Act 1979, for example under section 49 where goods are subject to excise duty, or a prohibition or restriction or section 141 where “any ship, aircraft, vehicle, animal, container … Continue reading
Not being allowed to have any contact with a much loved and cherished grandchild can be a very distressing time. If all attempts to try to try to resolve the matter through informal discussions and/or mediation with the parents have been exhausted then you may be contemplating issuing court proceedings. This may well be the … 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
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
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
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
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
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
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
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
Paul Tapsell discusses the implications of the Transfer of Undertakings (Protection of Employment) Regulations 2006 in a case involving the closure and sale of a pub.
The Supreme Court has recently handed down its judgment in the case of Barton v Wright Hassall LLP [2018] UKSC 12 and in doing so has put paid to the argument made by many litigants in person that (contrary to long-established legal principles) ignorance of legal procedure is a defence. The Background The case concerned … Continue reading
I was recently instructed (at very short notice) in a case where two brothers (“A” and “B”), neither of who spoke English very well, were in dispute about their respective shares in a house they owned. The Facts The brief facts were that the property had been purchased in the early 1990’s in joint names … Continue reading
It has long been standard practice for landlords to take a deposit from tenants at the start of a tenancy agreement. The deposit provides some protection to the landlord in the event of damage to the property or the tenant doing a disappearing act and leaving rent unpaid. Some landlords however were in the habit … Continue reading
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