Blog
Fathers without PR – Where do they stand? Re S (A Child) [2023] Civ 706
As public law practitioners we are rarely tasked with really delving into the law relating to fathers without parental responsibility. It is common knowledge (although not necessarily logical) that a father without PR is not an automatic party to proceedings involving his child. They are, however, entitled to be given notice of the proceedings and […]
You Can’t Lose What You Never Had: Ali v HSF Logistics Polska SP Zoo
In March 2019 Pump Court’s Antonia Ford published an article on Shadbolt v Stefanatica (unreported), in which the Claimant’s illegal act of failing to renew his vehicle’s MOT licence for some three months, was found not to have reached the threshold for rendering a credit hire claim unrecoverable on public policy grounds pursuant to the […]
Interim Payments – The Low-Down (including some practical tips)
WHAT IS AN INTERIM PAYMENT? An Interim Payment (“IP”) is defined in CPR 25.1(1)(k) as a “payment by a defendant on account of any damages, debt or other sum (except costs) which the court may hold the defendant liable to pay”. In effect, it is a sum of money advanced to a claimant from the […]
Domestic Abuse tactics in the Family Courts – how do we achieve cultural change?
This contribution will consider new case law together with the recently published report by the Domestic Abuse Commissioner (‘the Commissioner’) examining the family courts’ handling of domestic abuse. The report highlights how victims and survivors are being subjected to continued abuse by perpetrators in private family law proceedings, resulting in re-traumatisation[1] and the need for […]
When is a zombie knife a zombie knife?
The 2019 Offensive Weapons Act made it an offence, for the first time, to simply possess certain offensive weapons in private[1]. Acknowledged as an increase in interference in the private lives of the public, yet deemed necessary to tackle violent crime, the legislation was limited to certain types of offensive weapon. Included on that list […]
Santiago v Motor Insurers’ Bureau [2023] EWCA Civ 838 – considerations re access to justice can affect the recoverability of disbursements
The Court of Appeal ruling in Aldred v Cham [2019] EWCA Civ 1780, is often relied upon by defendants in road traffic accident claims that cease to continue under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents 2013 (RTA Protocol) – specifically, as to the recoverability of disbursements pursuant to […]
Catherine Ellis considers the recent CA case of G&H (Leave to revoke placement order) [2023] EWCA Civ 768 (part two)
Change of Circumstances The second issue determined by the appeal court was whether a change of mind by a family member about putting themselves forward as a potential carer for the children can, without more, amount to a change of circumstances within the meaning of s24(3) (the court cannot give leave “unless satisfied that there […]
Gohil v Advantage Insurance Company – What is a genuine offer of settlement?
Anyone who has any familiarity with fixed-cost personal injury litigation on the fast track will be well familiar with the provisions of CPR Part 36. That part provides that a party can make an offer which will have punitive consequences if it is not beaten by the other side at trial. Part 36 contains numerous […]
Catherine Ellis considers the recent CA case of G&H (Leave to revoke placement order) [2023] EWCA Civ 768
This was an appeal by a grandmother against a refusal of her application under s24(2)(2) Adoption and Children Act 2002 (“the 2002 Act”) for leave to apply to revoke placement orders in respect of her grandchildren. The application for leave was made six weeks after the care and placement orders had been made. The grandmother’s […]
Years of missed opportunities and intrusion of privacy: The Undercover Policing Inquiry Interim Report
The Undercover Policing Inquiry (‘UCPI’) was established in 2015 to inquire into, and report on, undercover police operations conducted by police forces in England and Wales since 1968.[1]The Inquiry was set up in response to an independent review (The Ellison Review) which unearthed ‘appalling practices in undercover policing’.[2] The UCPI published its first interim report […]
The transit of Venus – costs budgeting, is what you’re billing for really progressing the litigation?
The recent decision of Hadley v Przybylo (2023) EWHC 1392 (KB) gives practitioners a steer on what a court is likely to consider what costs cannot form part of a budget. The issue here was not the principle of whether a proportion of the costs in issue were unreasonable or proportionate but whether they were […]
Hudson v Hathway in the Court of Appeal
Introduction In an earlier article, I argued (along with many others) that Kerr J was wrong to find that detrimental reliance was not a prerequisite for a common intention constructive trust where property is in joint names. Ironically, a case which hinged entirely on a constructive trust at trial and at the first appeal did […]
