Blog
A Local Authority v JB [2020] EWCA Civ 735
In this recent decision the Court of Appeal has arguably reset the last 15 years of jurisprudence surrounding P’s capacity in regards of sexual relations. The previous case law focused on P’s ability to consent to such relations, and whether P understood the information relevant to that decision. Traditionally the ‘information relevant’ analysis took a […]
Holiday rights in the Coronavirus Pandemic
As we approach the summer, the ongoing risks and restrictions caused by the Coronavirus pandemic have meant that many of us have seen our dreams of a foreign holiday melt like a dropped ice-lolly. Consequently, the rights of would-be travellers to refunds and/or compensation for now redundant pre-booked holidays and cancelled flights continue to be […]
Capacity: Where now for the ‘Golden Rule’?
You could not make it up! Lord Templeman, the creator of the Golden Rule in his decision in Kenward v Adams (1975) The Times 29 Nov, died in 2014. He executed his last will in August 2008. He left nothing to his son Michael Templeman or his daughter in law Lesley Templeman and they challenged […]
The practical application of Practice Direction 51Z; Issues that may arise
Following the analysis by my colleague, Alice Scott, of Practice Direction 51Z a recent case from the Court of Appeal has tested the legality of PD 51Z, Arkin v Marshall (2020) EWCA Civ 620. This was a possession case to recover properties which were security for mortgage loans for which the Claimant contended sums were […]
Commercial Leases & Insolvency – An Overview
With many businesses large and small struggling to survive or collapsing into administration or liquidation landlords are particularly vulnerable to rent arrears and the difficulty of finding a suitable tenant to replace the existing. The following is an overview of what steps a landlord can take in this uncertain world. Remedies Available to a Landlord […]
Skyping the Court of Appeal
Six Things I Learned dealing with an appeal against sentence during the pandemic: Court of Appeal Judges look infinitely less severe/frightening/impressive in “normal business attire” than when in full horse-hair and robed regalia. This sensation is further heightened when the designated High Court Judge giving the judgement of the court is the one in the […]
Technology – A lawyer’s Best Frenemy?
Following the covid-19 outbreak, courts have been forced into an alternative way of working. With the country in lockdown and people ordered by the government to work at home, the courts along with businesses have been transferred into the digital realm. While jury trials have had to be postponed, with only existing cases at the […]
Domestic abuse during Covid-19 times
Domestic abuse was a problem already in urgent need of addressing pre-pandemic. The global crisis we are now experiencing has only worsened that issue. Widely-reported statistics include: Refuge’s National Domestic Abuse Helpline has seen a consistent increase in demand of 50% since lockdown measures announced (4th May press release) Traffic to many prominent domestic abuse […]
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 […]
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 […]
