News & Events: August 2023
When is a zombie knife a zombie knife?
The 2019 Offensive Weapons Act made it an offence, for the first time, to simply possess certain offensive weapons in private[1]. Acknowledged as an increase in interference in the private lives of the public, yet deemed necessary to tackle violent crime, the legislation was limited to certain types of offensive weapon. Included on that list […]
Santiago v Motor Insurers’ Bureau [2023] EWCA Civ 838 – considerations re access to justice can affect the recoverability of disbursements
The Court of Appeal ruling in Aldred v Cham [2019] EWCA Civ 1780, is often relied upon by defendants in road traffic accident claims that cease to continue under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents 2013 (RTA Protocol) – specifically, as to the recoverability of disbursements pursuant to […]
Top-up child maintenance and the impact of CMX v EJX
Helen Brander and Edward Boydell discuss top-up child maintenance and the impact of CMX v EJX. To download please click here.
Catherine Ellis considers the recent CA case of G&H (Leave to revoke placement order) [2023] EWCA Civ 768 (part two)
Change of Circumstances The second issue determined by the appeal court was whether a change of mind by a family member about putting themselves forward as a potential carer for the children can, without more, amount to a change of circumstances within the meaning of s24(3) (the court cannot give leave “unless satisfied that there […]
Nesting in Child Arrangements Cases
Join Mark Ablett for an enlightening chat with Pump Court’s Cordelia Williams about the rise in the practice of nesting in child arrangements cases, as reported by the Guardian: https://www.theguardian.com/lifeandstyle/2023/jul/15/birdnesting-divorcing-couples-family-home-turns-children The pod looks at the pros and cons (mainly cons…) of the arrangement, for both children and parents, considering the one recent reported decision on […]
Gohil v Advantage Insurance Company – What is a genuine offer of settlement?
Anyone who has any familiarity with fixed-cost personal injury litigation on the fast track will be well familiar with the provisions of CPR Part 36. That part provides that a party can make an offer which will have punitive consequences if it is not beaten by the other side at trial. Part 36 contains numerous […]
Re S (Children: Parentage and Jurisdiction) [2023] EWCA Civ 897 – Jennifer Lee and Samara Brackley of Pump Court Chambers succeed in landmark Court of Appeal judgment
Jennifer Lee and Samara Brackley, led by Will Tyler KC of 36 Family, instructed by Byron James of Expatriate Law Limited, acted in the Court of Appeal for the successful Appellant in Re S (Children: Parentage and Jurisdiction) [2023] EWCA Civ 897 – a hugely significant case involving the children of same-sex civil partners, conceived […]
Naomi Gyane to be sworn in as the new Chancellor of the Diocese of Leicester
Naomi will be officially sworn in by the Right Reverend Saju Muthalaly on 2nd August and will become the youngest Diocesan Chancellor currently serving in the Church of England. Naomi’s appointment is featured in an article on the Diocese of Leicester website here. Naomi will continue to practice as a barrister. The Diocesan Chancellor acts […]