Blog
The ultimate price?
I’ll begin with some depressing facts: 1 women is killed every 3 days by a partner or ex partner 1 in 4 women in England & Wales will experience domestic violence in her lifetime, and 8% will suffer in any given year Every minute the Police in the UK receive a DV call, but only […]
Introducing better case management
The beginning of last year brought publication of Sir Brian Leveson’s Review on Efficiency in Criminal Proceedings. As a result of the Review all efforts are presently focused on Better Case Management (BCM) in the Crown Court. The three key changes to the management of cases will be: Better Case Ownership A new Digital Case […]
Updated guidance on the efficient conduct of Financial Remedy hearings in the High Court
On the 24th January 2016, Mr Justice Mostyn issued updated guidance on the conduct of financial remedy proceedings in the High Court (see here). It lays down important new rules concerning skeleton arguments and reiterates and reinforces other key messages about court bundles and the requirement to agree a Statement of Issues, Schedule of Assets, […]
Bias – Watts v Watts [2015] EWCA Civ 1297
It is a well-established practice that members of the same chambers or firm frequently appear alongside or against each other in court. Practitioners often develop working or social relationships with advocates from other chambers or firms when appearing in the same case or at social functions. It is also a common feature that from time […]
The evolution of PPE: remuneration in a digital age
The definition of “pages of prosecution evidence” (“PPE”) in Schedule 2 of the Criminal Defence Service (Funding) Order 2007 (“the Funding Order”) has evolved over time. There has, of late, been a proliferation of decisions of cost judges on the subject and it is outside the scope of this article to consider them all in […]
M v N in the Court of Protection
This judgment from November 2015 is in line with a number of recent medical best interests cases which have emphasised P’s wishes and feelings. It highlights the importance and difficulty of ascertaining what those wishes and feelings might be, or had been at a time when P had capacity. M v N [2015] EWCOP 76 […]
Legal funding orders
The question of what can be done in complex private law proceedings where the court is of the view that a parent is unable to represent him or herself has understandably been dominating legal headlines. Reported cases have tended to focus on discussions surrounding the circumstances in which HMCTS could be ordered to fund representation […]
Damages claims against Local Authorities – is there any change down the back of the sofa?
Local authorities must be very concerned about the spate of recent cases in which parents, other family members and former ‘looked after children’ have sought damages for the alleged failure by an authority to exercise their powers lawfully or for abuse suffered whilst in their care. In these cases, courts have had to explore the […]
The hardest decision of all? Re C (Baby: Withdrawal of Medical Treatment) [2015] EWHC 2920 (Fam)
The case of C does not change the law, it offers little by way of legal analysis or significant upheaval. However, it should not be overlooked; the judgment of Peter Jackson J provides a concise, clear, and moving appraisal of the law concerning the withdrawal of life sustaining medical treatment in children. C was born […]
Litigants in person – Velupillai
I’ve encountered more than my fair share of tricky litigants in person in recent weeks. A low point was at a difficult FDR when my client’s husband snatched my carefully crafted, handwritten offer and screwed it in to a ball, without giving it so much as a passing glance. Whilst I retained my cool, I […]
President of the Employment Appeal Tribunal considers 10% uplift should apply to tribunal awards
Langstaff HHJ (the President of the EAT) has today handed down judgment in the case of Beckford v London Borough of Southwark UKEAT/0210/14/JOJ The appeal deals with two points which are of importance: The consideration of reasonable adjustments and the impact of disability when a tribunal is considering reengagement under section 115 Employment Rights Act […]
The right against self incrimination for witnesses in Financial Remedy Proceedings
We have all been involved in representing clients who appear to have engaged in some form of criminal conduct during the course of the marriage. In financial remedy proceedings this usually takes the form of tax evasion or cheating the revenue. During the course of the proceedings a party will generally be expected to have […]
