Blog
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 […]
The department for transport triennial review implementation plan
What will it mean for Traffic Commissioners, Operators and Practitioners? In December 2015, an implementation plan was published by the Department for Transport (the Department) in response to the recommendations of the Triennial Review of the Traffic Commissioners published in March 2015. That Review had considered the role of Traffic Commissioners (TCs) and how they […]
Black Rapp’s Knuckles – Rapp v Sarre [2016] EWCA Civ 93
Black LJ (Patten LJ and Baker J agreed) emphasised the need for full cooperation in ancillary relief proceedings. Facts H argued that the capital assets were wrongly divided unequally, giving W (54.5%) and the more liquid and less risky assets. The parties met in 1990, when H’s assets were worth $1m, and married in 1994. […]
Transport For London v Uber London Limited & Licensed Taxi Drivers Association & Licensed Private Hire Car Association [2015] EWHC 2918 (Admin) 1449
The judgement given by Ouseley J. sets out the interesting background for what is a revolutionary development in travelling by taxi in London. In May 2012, Transport for London, licensed Uber as a private hire vehicle operator in London. It is an offence under s11 of the Private Hire Vehicles (London) Act 1998 for a […]
The quantification of a lump sum to offset pension disparity on divorce
Practitioners have an array of authorities on the issue of how to calculate the entitlement of spouses to a pension sharing order or the calculation of a capital sum to compensate a party for the loss of pension rights. The problem is that the approach of the courts is not uniform. There are now two […]