96 results
26 Apr 2021 15:36
Robin Howard acts as counsel for three brothers in high profile contested will dispute over £ 850,000 family house3PB’s experienced barrister Robin Howard acted as counsel for three brothers who have lost an appeal for an inheritance claim for £ 850,000 after the initial trial was made unfair because of the attitude of the original trial judge. The case came to court in 2019 and the judge ruled that all £ more...
31 Mar 2021 14:19
Domestic Abuse in the Family Courts: A Changing Landscape?The Court of Appeal has handed down judgment in 4 joined cases considering the approach of the Family Court to the issue of domestic abuse. In a case that attracted substantial comment in the media, and which was live tweeted to the public by legal bloggers (as well as being conducted entirely more...
COVID-19, Remote Hearings, & Family Courts – Sima Najma
One of the major changes to the way we operate as a society due to the Covid-19 pandemic has been in the Courts. From the first lockdown in March 2020, Courts have had to adapt to remote hearings where possible and Family Court matters are among those that are currently held completely by remote more...
What Is A Section 7 Report And Can I Challenge It? – Sima Najma
n summary, where an application has been made to the Court under Section 8 of the Children Act 1989, a Section 7 report is ordered by the Court primarily concerned with the child’s welfare, and which is written by a CAFCASS worker, or a social worker from the local authority. What Is CAFCASS? more...
Does A Parent’s Immigration Status Affect Disputes About Children in Family Law proceedings concerning Children? – Sima Najma
Disagreements between parents about arrangements for their children raise all kinds of sensitive issues and emotions. But what if the immigration status of one parent is uncertain such as them being an overstayer or an illegal immigrant? When the Court is asked to make decisions under the Children more...
Turning Children Against Parents: Parental Alienation — Sima Najma
What happens if a child has been manipulated to such an extent by one parent that he or she is unwilling to have any contact with the other parent? The approach of the Courts and practitioners to what’s known as parental alienation is constantly evolving as our understanding of the effects of this more...
A Brief Look at Children and Family Law Post-Brexit — Sima Najma
It’s now January 2021 and, as well as being a New Year, we are no longer a part of the EU. That means that the transition period has ended, EU regulations and rules no longer apply to our country, and Great Britain is no longer one of the EU Member States. There’s been an awful lot of discussion, TV more...
26 Feb 2021 10:06
MA Adult and Family Court Committee Covid-19 papersThe MA’s Family Court Committee (FCC) has written a detailed paper on the impact of Covid-19 on the family court. It sets out a number of the challenges faced by family magistrates, other court professionals and families using the court. Remote hearings have become commonplace in the family more...
Safety From domestic Abuse and Special Measures in Remote & Hybrid Hearings (November 2020)
wriiten by Sima Najma (Chambers of Mr Michael Cogan) Most practitioners will be aware of the helpful guidance published on Tuesday 10th November by Sir Andrew McFarlane (President of the Family Division) with the assistance of the Domestic Abuse Working Group of the Family Justice Council in more...
30 Sep 2020 16:05
The loss of dependency on income from a family businessBy Christopher Barnes The recent case of Eunice Rix (Widow & Executrix of Martin Rix, deceased) v Paramount Shopfitting Co. Ltd. [2020] EWHC 2398 (QB) gave rise to an award of damages that, on the face of it, is surprising. The claimant’s husband had died of mesothelioma attributable to the more...
3 Aug 2020 13:15
Aimee Fox feature on ‘Additional needs for children’ published in the Family Law Journal3PB’s specialist family and education law barrister, Aimee Fox has had an article published in the Family Law Journal. Aimee has provided her insight into how a child's additional needs may have an impact on private law and financial remedy proceedings. She also gives tips on where evidence can be more...
25 Jun 2020 13:20
Eason Rajah QC, Georgia Bedworth and James Kirby act for the successful claimaint in Hinduja v Hinduja in the High CourtEason Rajah QC, Georgia Bedworth and James Kirby act for the successful claimaint in Hinduja v Hinduja in the High Court on Tuesday. “The billionaire Hinduja brothers are locked in a bitter High Court battle over the family’s vast assets. Srichand Hinduja, 84, is suing his brothers Gopichand, more...
13 May 2020 14:44
CFA UPLIFTS IN INHERITANCE ACT CLAIMS: RECENT DEVELOPMENTSChancery and commercial litigation specialist Elis Gomer has written an article on the recent decisions regarding the recoverability of CFA success fees in claims under the Inheritance Act 1975. The decisions in Bullock v Denton (HHJ Gosnell) and Re H (Cohen J) could have some far-reaching more...
The case of Re P (A Child: Remote Hearing)
As everybody is aware, there is currently a global pandemic as a result of the new virus known as Covid-19. This pandemic, whilst sadly resulting in a great number of deaths each day worldwide, is wreaking havoc on so many aspects of day to day life, including the justice system. Since the start of more...
The State's positive obligations in a pandemic: do we have a right to health?
World Health Day (7th April 2020) found the world in the midst of a fight against one of the biggest threats to our generation, and potentially generations to come. While the world is busy fighting off a raging pandemic, many are questioning whether states could and should have done more to prevent more...
13 Mar 2020 16:06
Domestic abuse programmes – are we running before we can walk?This week in the budget, the government re-iterated its commitment to supporting victims of crime. Specifically “the government will provide an additional £5 million to begin a trial of domestic abuse courts in England and Wales, allowing criminal and family matters to be considered together. To more...
28 Feb 2020 14:44
We cannot lose sight of the illegality of forced marriageIt may be 2020 but forced marriages remain prevalent in this country despite being illegal under British law. All lawyers practising in the family courts and the Court of Protection need to know how to spot telltale signs and to know that, in most family proceedings, forced marriage protection more...
6 Nov 2019 11:39
Recommendations for the Residence Nil Rate BandA chapter in the recent Office of Tax Simplification’s (OTS) report, “Simplifying Inheritance Tax”, is dedicated to the Residence Nil Rate Band. This was much anticipated by our Private Client team as it is a complex area of Inheritance Tax law which frequently impacts upon wills and tax planning. more...
24 Oct 2019 09:45
Changing which parent a child lives with - parental alienationParental alienation continues to be increasingly recognised by the family courts. What is more, judges are taking increasingly robust steps to resolve situations where one parent turns a child or children against the other parent. In the recent case of PA v TT the High Court ordered that a twelve more...
1 Oct 2019 14:27
What is a“Mother”, in law?A person who undergoes the physical and biological process of carrying a pregnancy and giving birth, irrespective of gender? This was the ruling of the Rt. Hon. Sir Andrew McFarlane P, President of the Family Division, on 25th September in TT, R(on the application of) v The Registrar General for more...
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