Pump Court Chambers

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Blog 23rd March 2016

Periodical payments and needs

Practitioners are all aware of Mr Justice Mostyn’s view in B v S (Financial Remedy: Marital Property Regime) [2012] 2 FLR 502 that periodical payments are there to meet (save in exceptional cases) needs alone but the opportunity for the Court of Appeal to consider that was not taken up in the recent case of […]

Blog 22nd March 2016

Starbucks takes a roasting: Employee with dyslexia succeeds in her Equality Act claims

Meseret Kumulchew v Starbucks Coffee Company UK Limited 2301217/2014 G The coffee giant found itself in hot water as the Employment Tribunal upheld complaints of discrimination on the basis of reasons arising from disability and failure to make reasonable adjustments, as well as sex discrimination, victimisation, and detriment for whistleblowing. Ms Kumulchew, the Claimant, was […]

Blog 17th March 2016

Adopting a cautious approach

Celebratory adoption hearings are, with good reason, joyous occasions. Often, they are the happy ending to a child’s long, arduous and sad journey through the care system. In fairy tale terms, they are the celebration that lasts for three days and three nights, after the dragon has been slain and the hand of the prince(ss) […]

Blog 14th March 2016

Broadhurst v Tan; Taylor v Smith [2016] EWCA Civ 94

Broadhurst v Tan; Taylor v Smith [2016] EWCA Civ 94: Claimants will be entitled to recover costs on the indemnity basis where they beat their own Part 36 offer in personal injury cases which no longer proceed under the RTA Protocol (and will not be restricted to recovering fixed costs under r.45.29B and r.45.29C). Summary […]

Blog 2nd March 2016

Article Re F (A Child) (International Relocation Cases) [2015] EWCA Civ 882

The parties (Mother (“M”) and Father (“F”)) were involved in a dispute regarding their 12-year-old daughter (“L”). Cross-applications were made by them, M applying to remove L from England and Wales to take her to Germany, and F applying for a child arrangements order regarding his contact with L. The case was heard at first […]

Blog 29th February 2016

The department for transport triennial review implementation plan

What will it mean for Traffic Commissioners, Operators and Practitioners? In December 2015, an implementation plan was published by the Department for Transport (the Department) in response to the recommendations of the Triennial Review of the Traffic Commissioners published in March 2015. That Review had considered the role of Traffic Commissioners (TCs) and how they […]

Blog 25th February 2016

Black Rapp’s Knuckles – Rapp v Sarre [2016] EWCA Civ 93

Black LJ (Patten LJ and Baker J agreed) emphasised the need for full cooperation in ancillary relief proceedings. Facts H argued that the capital assets were wrongly divided unequally, giving W (54.5%) and the more liquid and less risky assets. The parties met in 1990, when H’s assets were worth $1m, and married in 1994. […]

Blog 23rd February 2016

Transport For London v Uber London Limited & Licensed Taxi Drivers Association & Licensed Private Hire Car Association [2015] EWHC 2918 (Admin) 1449

The judgement given by Ouseley J. sets out the interesting background for what is a revolutionary development in travelling by taxi in London. In May 2012, Transport for London, licensed Uber as a private hire vehicle operator in London. It is an offence under s11 of the Private Hire Vehicles (London) Act 1998 for a […]

Blog 22nd February 2016

The quantification of a lump sum to offset pension disparity on divorce

Practitioners have an array of authorities on the issue of how to calculate the entitlement of spouses to a pension sharing order or the calculation of a capital sum to compensate a party for the loss of pension rights. The problem is that the approach of the courts is not uniform. There are now two […]

Blog 19th February 2016

Technology in the Courts

It’s good to know that some jurisdictions still have healthy regard for pointless rules. A client the other day told me that in the British Commonwealth jurisdiction where he had been resident, the court would refuse to look at any documents unless they were on foolscap paper, although the court’s only photocopier only took A4 […]

Blog 17th February 2016

Dishonesty in Regulatory Proceedings

It is important to realise that those sitting in regulatory proceedings may have a wide and varied perception of the meaning of Dishonesty. That itself is not surprising. Those of us who cut our teeth in the wide environs of criminal law have come to realise that dishonesty as a concept lies on a spectrum. […]

Blog 17th February 2016

A critical time for the CQC

It has not been an easy few months for healthcare providers’ biggest regulator the Care Quality Commission. Against a background of tightened budgets, staff shortages and warnings by the Barker Commission for the need for restructuring of healthcare delivery, the CQC is facing its toughest period as a relatively new regulator. CQC Annual Report 2015 […]

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