News
Theresa May wants to ban pleasure
The new law on legal highs is a bizarre piece of farcically bad drafting which could criminalise nuts, scented pillows, and the smell of flowers. Matthew Scott discusses the Psychoactive Substances Act in his latest article for the Telegraph. To view the article in full please click here.
A parent who fails to engage with professionals – the need for creative thinking
How often is it that as care practitioners we find ourselves acting for clients who, by reason of a prevailing negative and often aggressive attitude, are seemingly determined to burn all bridges and scupper any chance there might be of sufficiently impressing professionals that it is in the best interests of the children for them […]
Variation of Periodical Payments Orders
Andrew Grime looks at the recent first instance decision in the case of Taylor v Bell & Haworth [2015] All ER (D) 208 (Feb) which is the first case dealing with the extent of the court’s discretion to vary an order for periodical payments under Section 6 the Inheritance (Provision for Family & Dependants) Act […]
Solicitor’s suspension halved following High Court Appeal
Colin Banham successfully represented a solicitor on an appeal against a 2-year suspension imposed by the Solicitors Disciplinary Tribunal. The appellant had admitted allegations, which included failing to act in the best interests of his clients and failing to co-operate with the Solicitors Regulation Authority. It was argued on behalf of the appellant that, in […]
Successful discharge of an indefinite Sexual Offences Prevention Order
The applicant, represented by Matthew Scott on a direct access basis, had received a Sexual Offences Prevention Order (‘SOPO’) in late 2009 for offences committed in 2007 and 2008. The order was expressed to last indefinitely. The Recorder of Winchester, HHJ Cutler CBE was invited to discharge the SOPO under s.108 of the Sexual Offences […]
Wardship applications – protecting children from conflict zones
What role can the family courts play in protecting children from travelling to conflict zones? Zoe Rudd considers the role of the courts in light of the recent judgment in London Borough of Tower Hamlets v M & Others. To view the article which was first featured in LexisPSL Family please click here.
Finding of Misconduct Appeal Meeting quashed after successful Judicial Review Challenge
Colin Banham successfully represented a Cumbrian Police Officer in a challenge by way of Judicial Review. A Misconduct Appeal Meeting found that the officer had breached the Police Officer Standards of Professional Behaviour in that he had failed to obey orders and instructions from senior officers not to remove or copy material in relation to an ongoing […]
Criminal team private fee scheme
In the past 12 to 18 months Pump Court Chambers have seen a considerable increase in the number of privately funded Criminal Crown Court cases. This is in no small part due to the implementation of Universal Credit legal aid means testing. As a direct consequence of this, the Criminal Practice Group have devised a […]
Police officer reinstated on appeal
Colin Banham has successfully represented a Metropolitan Police Officer at the Police Appeals Tribunal following an original outcome of dismissal with notice under the Police (Performance) Regulations 2012. It was argued, on behalf of the appellant, that there was a duty for a Stage 3 meeting under the 2012 Performance Regulations to consider ill-health retirement […]
Court of Protection rules nobody has automatic right to be appointed as a deputy
The Court of Protection has recently handed down Judgment in the case of DB v DW [2015] EWCOP16, which involved two competing applications for deputyship of property and affairs for a person who lacks capacity (‘P’). One application was by the applicant, a close friend of P. The other, competing, application was by the respondent, […]
Are you dead?
Julian Reed discusses the Presumption of Death Act 2013 and some relating cases in his latest article for LawSkills. To read the article in full please click here.
Top judge blasts legal aid delays in child case
Leslie Samuels QC recently appeared in Re D is: RE D (A CHILD) (NO.2) [2015] EWFC 2, where Sir James Munby, President of the Family Division, criticised the delays in processing the parents’ public funding applications and said that the parents could be forgiven for thinking they were trapped in a system that was ‘neither […]