Blog
Mind the gap the problem with the benefits cap
On 18th March 2015 the Supreme Court decision in R (on the application of SG and others (Appellants) v Secretary of State for Work and Pensions (Respondent) [2015] UKSC 16 was published. In a majority decision of 3-2 the government’s benefit cap policy was not overturned. Therefore what happens with the policy moving forward will […]
Wyatt v Vince – Why the Supreme Court was right on the law but wrong on the facts
On 11 March 2015 the Supreme Court delivered its decision in Wyatt v Vince [2015] UKSC 14. The headlines that have accompanied this decision have focused on the seeming unfairness of an ex-husband having to pay out a significant sum of money to a former wife after a short marriage that had come to an […]
An object lesson
The advocates in the matter of Darlington Borough Council v M, F, GM & GF & A [2015] EWFC 11 must have experienced something of a shock when they were told that the final hearing in a case that could be described as fairly ordinary, and had initially been allocated to Justices, would be heard […]
Re A (A Child) [2015] EWFC 11 – The leaning tower of Pisa comes to Middlesbrough
“The present case is an object lesson in, almost a textbook example of, how not to embark upon and pursue a care case.” – Sir James Munby, President of the Family Division. On 16 September 2014 Darlington Borough Council issued an application for a care order in respect of a little boy A, who was […]
Warning: when settlement discussions cause prejudice
Until an algorithm is applied to determine the division of assets and income on relationship breakdown, a separating couple who want to sort out financial matters between them are rightly channelled into agreeing a solution, rather than surrendering to the prospect of painful, protracted and pricey court proceedings. On or before separation, armed only with […]
Lunatics take over the asylum
In Re A (children) (2015)the Court of Appeal has upheld an appeal following a Judge’s use of ‘unrestrained and immoderate language’ which constituted a serious procedural irregularity when dismissing a child’s application for a DNA test to enable a declaration of paternity. Care orders had been made by consent in respect of the child and […]
Crossing the Rubicon? Adoption and A & B v Rotherham Metropolitan Borough Council
Just over a year ago I wrote and presented a lecture on the (then) new case of Re B-S [2013] EWCA Civ 1146, the facts of which every family lawyer is more than familiar with. I think it’s fair to say though that the focus, from very early on, was on the ‘wider principles’ raised […]
Shared parental leave
From 5 April 2015 the long awaited rules in relation to Shared Parental Leave (“SPL”) will come into effect. Whilst this may still seem some way in the future, from this month those wishing to take such leave will start handing in their notices and employers need to ensure the requisite procedures are in place. […]
Self-represented parents and the cross-examination of a child
The abolition of legal aid for family cases and the concomitant increase in the number of self-representing parents appearing before the new single Family Court, continues to raise troubling (and perhaps unforeseen) legal situations that risk damaging our justice system and the rights of those who come before the courts. The recent case of Re […]
Extendable spousal maintenance terms – an attack on the Fleming principles
In his judgment in SS v NS (Spousal Maintenance) [2014] EWHC 4183 (Fam) Mostyn J set out the principles of spousal support post-marriage and sought to undermine the high threshold imposed in Fleming v Fleming when a party seeks to extend a maintenance order where there is no Section28 (1A) prohibition. The case involved a […]
