Blog
Breakingbury v Croad “Why be a professional – be a footballer”
The adoration bestowed upon footballers far outweighs the gratitude bestowed upon members of the professions for the work they undertake. The consequences for an unsuccessful professional are far greater than for an unsuccessful footballer. Take for example the case of the former dentist Dr Croad (Breakingbury v Croad judgment 19th April 2021). The legal […]
Law Commission Consultation Paper on Taking, Making and Sharing Intimate Images without Consent
In February of this year, the Law Commission of England and Wales published its Consultation Paper on taking, making and sharing intimate images without consent. I was fortunate to be part of the team who produced this Paper prior to the commencement of my pupillage in October 2020. The project originated from the Law […]
Modern Slavery
A young man [YM] from London smokes shared cannabis socially with his ‘new friend’[NF]. After a little time, discovering that the YM has a job, NF asks for payment for the cannabis, a sum just beyond YM’s financial reach, NF demands carrying and supplying in lieu of the debt. Unusually early one morning YM is […]
Sentencing Disposals under the Mental Health Act 1983
In criminal practice, it is not uncommon to represent clients with complex and severe mental health issues. The test in R v Pritchard (1836) 7 C&P 303 which sets out the test for a Defendant’s fitness to plead does not always capture the vast array of clients with psychiatric diagnoses, meaning that it is possible […]
Re H-M [2021] EWCA Civ 748: Inconsistent post-fact finding convictions
Hot off the press this week is the judgment in Re H-M [2021] EWCA Civ 748, in which the Court of Appeal (Peter Jackson LJ, Singh LJ and Stuart-Smith LJ) considered an appeal by a mother from a refusal by the trial judge to reopen findings made at the conclusion of a fact-finding hearing. One […]
Without notice applications in Children Act and Family Law Act: tips, pointers and warnings
Without notice applications, both under the Children Act 1989 and Family Law Act 1996, are invaluable tools in the realms of domestic abuse and child protection. Particularly in relation to Family Law Act applications, such work is considered the bread and butter of the junior family barrister. However, those who would treat such applications as […]
Money for Nothing? Crypto-assets and their implications in matrimonial and private client work
Helen Brander, barrister of Pump Court Chambers, considers the current treatment by the courts and taxation authorities of crypto-assets For the matrimonial finance and private client lawyer, crypto-assets can form a major part of a client’s estate and we are seeing them with increasing frequency. It is vital that we can identify, value and understand […]
The perils of contested divorce proceedings
As many practitioners will be aware, defended divorce cases are rare. According to a recent study by the Nuffield Foundation, “No Contest: Defended Divorce in England & Wales”, formally defended divorces account for less than one percent of divorces each year in England & Wales. ‘The perils of contested divorce proceedings’ written by Jennifer Lee, […]
Fire Safety Fine Reduced on Appeal
At Cardiff Crown Court on 26 February 2021, Farrington Care Homes Limited (Farrington) successfully appealed the record-breaking fine imposed on them by a District Judge, with a reduction of nearly £125,000, for breaches of the Fire Safety Order (the Order) at Hillcroft Residential Care Home (Hillcroft) in Cardiff. The decision of the Court shows the […]
A short delay and the ‘just and equitable’ test
The Court of Appeal has provided important guidance in Adedeji on the exercise of the tribunal’s discretion to extend the period in which a claim for discrimination can be presented under s.123(1)(b) ERA. It also warned against treating the factors in s.33 Limitation Act as a checklist or rigid framework to reach a decision. A […]
Anti-discrimination and harassment training
The Employment Appeal Tribunal has recently prescribed annual booster / refresher training for employers on Equality and Diversity in order to ensure that it is effective in eliminating harassment in the workplace. The EAT drew an analogy with the Covid-19 vaccination programme – ‘we are interested not only in whether the vaccine will be effective […]
Long overdue and a welcome addition: The Sentencing Act 2020
The first day of the month in which we traditionally offer gifts to one another saw a gift being made to criminal lawyers in England and Wales: the entry into force of the Sentencing Code. The Code is the product of the Law Commission’s 12th programme of law reform, a project which began in […]
