Pump Court Chambers


Blog 3rd October 2018

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 […]

Blog 2nd October 2018

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 […]

Blog 27th September 2018

How to avoid problems of enforcement: Sale of FMH

It is always sensible to draft final orders with one eye on enforcement. An order for sale of the former matrimonial home (‘FMH’) can be a particularly emotive order, often fiercely resisted by one of the parties. This post is a summary of practical suggestions to ensure a sale goes smoothly when anticipating – and […]

Blog 12th September 2018

Can attitudes change now that India has decriminalised homosexuality?

6th September 2018 will forever be a momentous day in Indian history. This is the day that the Indian Supreme Court decriminalised homosexuality. The end of this 24-year legal battle is not just a break from an “irrational, indefensible and manifestly arbitrary” law, but also a break from yet another colonial tie. Section 377 of […]

Blog 15th August 2018

Can the Employment Tribunal limit the number of discrimination claims at one hearing

“Only with great caution”, said the Employment Appeal Tribunal in Tarn v Hughes (& Ors) UKEAT/0064/18/DM – and the EAT then went on to give some helpful guidance on case management of discrimination claims. In Tarn , the claimant GP had brought a large number of complaints of discrimination against her (former) partner GPs. At […]

Blog 8th August 2018

What’s new with Trade Secrets?

With the tennis, the world cup, President Trump’s visit, the heatwave and the endless Brexit drama, it may have escaped you that on 9 June 2018 the Trade Secrets (Enforcement, etc) Regulations 2018 came into force. Here’s a quick summary of what you need to know when dealing with the errant employee who has run […]

Blog 26th July 2018

The implications of Owens v Owens [2018] UKSC 41 for Family Practitioners

The background to this case will be well-known to many practitioners so this post will not repeat it. Instead, it focuses on two criticisms made by the Supreme Court about the way in which Mrs Owens’ petition was case managed which, it is suggested, will have unfortunate consequences for those of us working in this […]

Blog 5th July 2018

Drury v Rafique [2018] EWHC 1527 (Ch)

In dismissing A’s appeal, the court illustrated the need to carefully cross-examine a witness and make detailed submissions, as opposed to raising issues on appeal. It also demonstrates the need to invite the trial judge to clarify/amplify his reasons. Background A sought an injunction to prevent his neighbours building an extension, alleging the works would […]

Blog 10th May 2018

Man jailed after blaming speeding ticket on fictional Frenchman

On 9 May 2018 at Winchester Crown Court, the defendant was sentenced to three counts of doing acts tending to and intended to pervert the course of public justice. He had been convicted after a trial and received three consecutive sentences. In short, he had pretended that a vehicle that could be linked to him […]

Blog 16th March 2018

Reilly v Sandwell Metropolitan Borough Council [2018] UKSC 16

The case of Reilly v Sandwell Metropolitan Borough Council [2018] UKSC 16 is – understandably – drawing a large amount of commentary, primarily because of the treatment of the familiar test in British Home Stores Ltd v Burchell [1980 ICR 303. This blogpost will focus on the Burchell issue. Reilly v Sandwell The Appellant, Ms […]

Blog 12th February 2018
Ezra MacDonald

Wilsons Solicitors LLP & Ors v Roberts [2018] EWCA Civ 52

Did the EAT err in law in finding that a member of an LLP who acts “reasonably” in withdrawing his labour will not, as a matter of law, act wrongfully or in repudiatory breach of the LLP members’ agreement, and accordingly may be awarded losses flowing from a subsequent expulsion pursuant to the terms of […]

Blog 29th January 2018

Illegality as a defence in the Employment Tribunals: The case of Okedina v Chikale

In the recent decision in Okedina v Chikale UKEAT/0152/17/RN the EAT (HHJ Eady QC) considered the question of when a Claimant’s contract of employment would be said to be illegal by virtue of the operation of immigration law. The case contains a useful rehearsal of the relevant legal principles (para 35 – 41 of the […]

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