Blog
COVID-19 Guidance and New Modes of Working for the Legal Profession
As many of you will know, Sir Andrew McFarlane, President of the Family Division and Head of Family Justice, has released national guidance on COVID-19 (click here). The guidance is intended to be followed with immediate effect by all levels of the Family Court and in the High Court Family Division, and is intended to […]
The Sex Disqualification (Removal) Act 1919 – 100 years on
This year marks the centenary of the Sex Disqualification (Removal) Act 1919. This ground breaking Act of Parliament, which became law on 23 December 1919, allowed women to become Solicitors, Barristers, Magistrates and Jurors for the first time. The Act begins with the defining words “a person shall not be disqualified by sex or marriage […]
The Murder of Lucy McHugh: Legal Challenges in R v Stephen Nicholson
I was instructed to defend Stephen Nicholson, aged 25, who was charged with the murder and multiple sexual offences against Lucy McHugh, a 13-year-old girl. The trial took place before Mrs. Justice May at Winchester Crown Court earlier this year. Nicholson lived as a lodger in the same house as Lucy and her family in […]
Homelessness & Offending Rates – An inextricable link
The Homelessness Reduction Act (HRA) 2017 came into effect on 3rd April 2018 and places new legal duties on local authorities so that everyone who is homeless, or at risk of homelessness, should have access to meaningful help, irrespective of their priority need status, as long as they are eligible for assistance. The Act amends […]
Case Commentary – R v O [2019] EWCA 1389
Introduction 1. In R v O [2019] EWCA Crim 1389, the Court of Appeal gave further guidance on when a conviction may be unsafe where the defendant was a Victim of Trafficking (“VOT”). The Court concluded that there is a “settled approach to these cases”. This approach requires three questions to be posed: 1) Is […]
ADR and mediation – A shifting landscape
Introduction There has in recent years been a growing emphasis on the role of ADR, with the court being increasingly willing to make costs orders based on failures to mediate. On 17th October 2017 the Civil Justice Council’s ADR Working Group published a comprehensive interim report on the existing and potential role of ADR in […]
Costs in fact-finding proceedings against the legally aided litigant
In the climate of the revised PD 12J and the new Domestic Abuse Bill, Mark Ablett and Alice Scott article explore the approach to costs orders in the context of fact-finding hearings under the Children Act and Family Law Act 1996. To view article which was first published in the April edition of The Family […]
From ‘Inadequate’ to ‘Good’ – turning round a Care Provider’s rating
Mark Ruffell was instructed to represent a well-established domiciliary care provider who faced having their registration being cancelled by the CQC. The background is a familiar tale of a service provider who had previously been rated as ‘Good’, finding that in a routine inspection in 2016 it ‘Required Improvement.’ In early 2017 it was inspected […]
Credit Hire, Loss of Use and Illegality
Shadbolt v Stefanatica (unreported) When a person is involved in a non-fault road traffic accident, they are usually entitled to two vehicle related heads of loss; diminution and loss of use. Diminution is usually (although not always) quantified using the reasonable cost of repairs required to put the vehicle back into its pre-accident condition. Loss […]
QOCS tool box more than just Fundamental Dishonesty
Kraszewski v UK Insurance Ltd (Hastings 31/12/18) Since the introduction of One-Way Qualified Cost Shifting (QOCS), Defendants have had limited opportunity to recover the costs incurred in resisting unmeritorious claims. Fundamental Dishonesty, under CPR 44.16, has understandably attracted significant focus from Courts and Insurers given the novelty of the legal concept and the public policy […]
Parental Alienation: practical tips to try and break the deadlock
1. Parental alienation is where a parent intentionally (or, as importantly, unintentionally) negatively influences their child’s view of the other parent. Parental alienation is now illegal in Brazil and Mexico and is widely recognised in the US and Canada. 2. Some of the most common signs of parental alienation are: Constantly saying negative things about […]
“An affront to justice” – leveling the playing field one pound at a time
The High Court has recently re-affirmed its inherent jurisdiction to make a ‘pound for pound’ order in respect of a party’s future legal costs in financial proceedings. The case of LKH v TQA AL Z [2018] EWHC 2436 (Fam) involved an application for financial relief following an overseas divorce under Part III of the Matrimonial […]
