Blog
COVID-19, care homes and contact: BP v Surrey County Council & RP
On 2 April 2020 Hayden J handed down a judgment dated 25 March 2020 in the case of BP v Surrey County council & RP [2020] EWCOP 17 concerning the suspension of contact in a care home during the COVID-19 pandemic. This was followed by a further written judgment dated 17 April 2020 which serves to […]
Financial provision for adult children in England and Wales and in Italy
FINANCIAL PROVISION FOR ADULT CHILDREN IN ENGLAND AND WALES AND IN ITALY: HOW DO THEY COMPARE IN THE LIGHT OF THE DECISION IN DN v UD (SCH 1 CHILDREN ACT: CAPITAL PROVISION) [2020] EWHC 627 (Fam)? This article considers a recently-handed down case making financial provision for children where one was over the age of […]
Judge alone trials in the face of COVID-19
If we had to adapt for Covid-19, could it work having Judge alone Crown Court trials, or jury trials with less than 12 peers? Let me start by saying I am not advocating for a system in England and Wales where there is no jury or a jury of less than 12 peers. I personally […]
W v H (divorce financial remedies) [2020] EWFC B10
Jack Rundall considers the case of W v H (divorce financial remedies) [2020] EWFC B10 in relation to the treatment of pensions on divorce, a case which he suggests is being under-reported amongst the concerns surrounding Covid 19. Amongst the flurry of guidance, and guidance on guidance, bouncing about between the courts and […]
Dishonesty: Barton & Booth v The Queen
CASE SUMMARY: Barton & Booth-v-The Queen [2020] EWCA Crim 575. The Court of Appeal considers whether the new definition of ‘dishonesty’ given by the Supreme Court in the case of Ivey v Genting Casinos (UK) (trading as Cockfords Club) [2017] UKSC 67 applies in criminal cases. This was an appeal against conviction brought on various grounds, primarily […]
The Coronavirus Job Retention Scheme – further guidance
As expected, the government has issued further guidance in relation to the Coronavirus Job Retention Scheme (“the Scheme”). This article will summarise the key updates since the guidance issued on 4 April 2020. The government has produced a number of documents to assist both employers and employees: Guidance for employers – https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme Step-by-step guide on […]
Remote hearings and witness evidence
Remote hearings come with particular difficulties. One obvious difficulty is that the parties cannot see each other as well as they might in the courtroom. But how much of a problem is this? If the demeanour of witnesses (or indeed parties) is relevant to an issue to be decided by the Court, then restrictions on […]
Unexplained Wealth Orders: The Weapon Against Dirty Money
Unexplained Wealth Orders: The Weapon Against Dirty Money – National Crime Agency -v- Baker & Others [2020] EWHC 822 (Admin) What is an Unexplained Wealth Order? Unexplained Wealth Orders (UWO’s) were introduced into law through section 1 of the Criminal Finances Act 2017 by inserting section 362A to I into Part 8 of the Proceeds […]
Changes to capital gains tax reliefs when spouses and civil partners separate
PLEASE NOTE: This article on ‘Changes to capital gains tax reliefs when spouses and civil partners separate’ does not constitute nor contain tax advice, but is merely meant to be informative. Individuals should always seek tax advice from appropriately regulated experts. Among all the other changes being made to people’s financial arrangements, firstly as a result […]
Commercial Tenants & Rent Arrears – Coronavirus Act 2020
The most commonly used remedy to recover rent is to forfeit the lease either by peaceable re-entry or by court proceedings. Both the High Court and the County Court have jurisdiction to grant relief from forfeiture for non-payment of rent on terms as to payment of rent and costs. Most applications will be made in […]
Re Carluccio’s Limited (in administration)
Re Carluccio’s Limited (in administration) [2020] EWHC 886 (Ch) – first piece of judicial guidance on the Coronavirus Job Retention Scheme. It should be noted from the outset that Snowden J’s judgment in Re Carluccio’s is not binding. There were no representative employees or interested parties during the remote video hearing so the judgment does […]
IFLA Children Scheme: Binding decisions with minimal delay
Following the successful launch and running of the financial remedy and property arbitration scheme set up by Institute of Family Law Arbitrators (IFLA)[1] in February 2012, in July 2016 IFLA commenced the Children Scheme. Its aim is to provide parties with an alternative to Court, and is particularly useful when a dispute has reached the […]
