Blog
ADR and mediation – A shifting landscape
Introduction There has in recent years been a growing emphasis on the role of ADR, with the court being increasingly willing to make costs orders based on failures to mediate. On 17th October 2017 the Civil Justice Council’s ADR Working Group published a comprehensive interim report on the existing and potential role of ADR in […]
![Alejandra Llorente Tascon on Dishonesty: Barton & Booth-v-The Queen [2020] EWCA Crim 575](https://www.pumpcourtchambers.com/wp-content/uploads/2019/02/Alejandra-Llorente-Tascon-336x280.jpg)
A pupil’s view – Alejandra Llorente Tascon third-six criminal pupillage
Moving chambers as a third-six pupil can be a daunting and scary experience; however, this was not my experience of moving to Pump Court Chambers. From day one, I was made to feel welcome, valued and challenged. As a working pupil, no two days are ever the same. I often commuted to Southampton, Winchester, Portsmouth […]
Costs in fact-finding proceedings against the legally aided litigant
In the climate of the revised PD 12J and the new Domestic Abuse Bill, Mark Ablett and Alice Scott article explore the approach to costs orders in the context of fact-finding hearings under the Children Act and Family Law Act 1996. To view article which was first published in the April edition of The Family […]
From ‘Inadequate’ to ‘Good’ – turning round a Care Provider’s rating
Mark Ruffell was instructed to represent a well-established domiciliary care provider who faced having their registration being cancelled by the CQC. The background is a familiar tale of a service provider who had previously been rated as ‘Good’, finding that in a routine inspection in 2016 it ‘Required Improvement.’ In early 2017 it was inspected […]
Credit Hire, Loss of Use and Illegality
Shadbolt v Stefanatica (unreported) When a person is involved in a non-fault road traffic accident, they are usually entitled to two vehicle related heads of loss; diminution and loss of use. Diminution is usually (although not always) quantified using the reasonable cost of repairs required to put the vehicle back into its pre-accident condition. Loss […]
QOCS tool box more than just Fundamental Dishonesty
Kraszewski v UK Insurance Ltd (Hastings 31/12/18) Since the introduction of One-Way Qualified Cost Shifting (QOCS), Defendants have had limited opportunity to recover the costs incurred in resisting unmeritorious claims. Fundamental Dishonesty, under CPR 44.16, has understandably attracted significant focus from Courts and Insurers given the novelty of the legal concept and the public policy […]
Parental Alienation: practical tips to try and break the deadlock
1. Parental alienation is where a parent intentionally (or, as importantly, unintentionally) negatively influences their child’s view of the other parent. Parental alienation is now illegal in Brazil and Mexico and is widely recognised in the US and Canada. 2. Some of the most common signs of parental alienation are: Constantly saying negative things about […]
“An affront to justice” – leveling the playing field one pound at a time
The High Court has recently re-affirmed its inherent jurisdiction to make a ‘pound for pound’ order in respect of a party’s future legal costs in financial proceedings. The case of LKH v TQA AL Z [2018] EWHC 2436 (Fam) involved an application for financial relief following an overseas divorce under Part III of the Matrimonial […]
International child abduction: The past, present and future of Pakistan
Parental child abductions from the UK to Pakistan remain rife. As the 96th contracting state to the Hague Convention on the Civil Aspects of International Child Abduction 1980 (‘the Hague Convention’), Pakistan has finally committed to the international standards of protecting children from the harmful effects of wrongful removal, and ensuring prompt return to the […]
Secure accommodation – where are we now?
Samara Brackley discusses secure accommodation procedure after HHJ Lazarus’s judgment in Re O [2018] EWFC B60 published this week. Secure accommodation applications and procedure continues to be an area at the forefront of criticism by both judges and practitioners alike. Applications are becoming more and more common as secure placements are used to protect children […]
Akhter v Khan
Following the efforts of Williams J to grant a decree of nullity as opposed to a finding of non-marriage in relation to an Islamic marriage, Mark Ablett discusses and clarifies the outcome of the much-publicised case of Akhter v Khan [2018] EWFC 54. The factual background to this case is set out in a detailed […]
No fault divorce: A step in the right direction or a step too far?
The Government has announced that it intends to reconsider how married couples can seek to divorce. The current law in relation to divorce is set out in the Matrimonial Causes Act 1973. At present, those wishing to divorce may only do so if the marriage has ‘irretrievably broken down’. To apply for a divorce a […]