Blog
Drugs and hair strand testing
Hayden j has just handed down Iago’s offer “But yet, I say, If imputation and strong circumstances Which lead directly to the door of truth Will give you satisfaction, you may haven’t.” Mr Justice Baker in Bristol City v A [2012] EWHC 2548 Fam, [2013] 2FLR 1153 considered that the science involved in hair strand […]
Consultation on a new practice direction on the particpation of vulnerable witnesses and parties in family proceedings
1. On 23rd February 2017 consultation on a new PD3AA was issued. The new PD3AA is entitled: “Vulnerable Persons: Participation in Proceedings and Giving Evidence”. 2. There has also been widespread reporting in the media about the cross-examination of those alleging abuse, whether sexual, physical, financial or a combination by their alleged abusers. The two […]
Marital agreements: individual autonomy and fairness
There have been many significant developments in this area of the law in recent years, with a number of reported decisions dealing with marital agreements having been reported over the last year. I have had my fair share of cases involving marital agreements, most recently concerning a separation agreement which the parties had entered into […]
Heather Platt reviews restrictive covenants for LexisNexis
Heather Platt’s article for LexisNexis considers the enforceability of restrictive covenants in the agricultural industry. This article was first published on LexisPSL Employment on 28 June 2016. Enforceability of post-termination restrictive covenants within the agricultural industry 28/06/2016 Employment analysis: The recent case of Pickwell v Pro Cam considered the enforceability of post-termination of employment restrictive […]
The Notional Digital Family Court: Lessons from our Criminal Counterparts
One of the interesting aspects of having a mixed common law practice is the opportunity to observe the differing ways in which the criminal, family, and civil courts deal with the more practical aspect of court life. Over the past few months the Crown Court has ‘gone digital’ with the long awaited, and much discussed, […]
When wrongful isn’t necessarily unfair
Unfair dismissal claims? We’ve all done a million of them. Maybe not that many but I am simply applying the same exaggeration that goes onto most Claimant’s schedules of loss. The Claimant wants to go into the nuts and bolts of the claim and to prove that he or she has not acted in a […]
Rehabilitation and the delay principle
On 23rd March 2016 the judgment of the Court of Appeal in Re FM (A Child) [2016] EWCA Civ 189 was published. This was an appeal from a decision of HHJ Bond sitting in the Bournemouth Family Court in November 2015. The decision appealed against was the decision to make a special guardianship order to […]
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 […]
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 […]
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) […]
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 […]
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 […]