134 results
24 Jul 2019 11:27
Earnings after divorce - will they be shared?The 2018 case of Waggott v Waggott confirmed that there is no presumption of sharing income, even very high levels of income, after a divorce. The recent case of O’Dwyer v O’Dwyer has revisited this thinking and provided some additional thoughts on the circumstances where a high earner might still more...
17 Jul 2019 09:42
Discretionary trusts in divorce law - are your trust assets safe in divorce?A couple of recent cases have repeated the assertion that the concept of “judicious encouragement” should be consigned to the history books. Judicious encouragement was the practice of a family court Judge ordering a potential beneficiary of a discretionary trust to pay income or capital to his or more...
26 Jun 2019 15:52
Deprivation of liberty where a child is not subject to a care orderA City Council v LS [2019] EWHC 1384 (Fam) Shaun Spencer represented KS, a 17-year-old who was deemed to be at risk of grave harm due to his involvement with an Organised Crime Gang. The Local Authority sought the authority to place KS in secure accommodation. The application was successfully more...
25 Jun 2019 12:09
MA responds to Farmer Review on WomenLord Farmer has published his review on women, which looks at the value of supporting positive family relationships for women in prison, especially when it comes to preventing women from reoffending. The MA welcomed the opportunity to contribute to this important review and we support its more...
17 Jun 2019 11:01
“No revolution” says the Supreme Court as it rules on defamationLachaux v Independent Print Ltd and another [2019] UKSC 27 The Supreme Court has unanimously held that the Defamation Act 2013 altered the common law presumption of general damage in defamation. It is no longer sufficient for the imposition of liability that a statement is inherently injurious or more...
21 May 2019 11:28
MA briefing on Courts and Tribunals (Online Procedure) BillThe MA recently produced a briefing for the second reading of the Courts and Tribunals (Online Procedure) Bill. The Bill seeks to establish a new Online Procedure Rules Committee, which will provide rules of court for online proceedings in civil and family courts. While acknowledging the potential more...
14 May 2019 14:09
Discrimination claim over 1.6m divorceSally Harrison QC represented a wife who received a £1.6 million divorce settlement from her husband. Alan Moher was ordered to pay the sum in November last year, along with £1,850 a month in maintenance until he grants his wife a ‘Get’. This is the document that officially ends a marriage under more...
1 May 2019 14:12
Gresham Lecture: The Child & Medical Treatment: The Chance to Live, or Die with Dignity?What happens when doctors and parents cannot agree on whether a child should be given experimental medical treatment? Why is there any question mark over a parent’s right to decide if medical treatment for their child continues? From the parents of Aysha King who successfully secured proton beam more...
Placement in Ghana: proportionality, human rights and the guardian
I have written an article on the case of Re A (A child) [2018] EWHC 3625 (Fam) on the Garden Court Chambers website: Racism in this country is subtle and pervasive. It is not a sign that says ‘No Blacks, No Dogs, No Irish’. It is not (at least not always) a racially motivated attack on the streets. more...
10 Apr 2019 15:21
Cohabiting rights extended prior to the introduction of the Marriage (Same Sex Couples) Act 2013Elisabeth Cooper represented a client in a complex case in which the other party, who was represented by Queen’s Counsel, argued that a couple who could not legally marry prior to the implementation of the Marriage (Same Sex Couples) Act 2013 could also not cohabit in a way akin to marriage, prior more...
10 Apr 2019 10:46
We are Recruiting!With our recent celebrations of Part-Time Judicial appointments we are recruiting!! We offer a progressive attitude, friendly and efficient clerking team. We promote a positive work life balance in the beautiful South West and promote wellbeing which is recognised by being awarded a Wellbeing more...
4 Apr 2019 08:49
UK Human Rights Blog: “He tried to strangle me”Stocker v. Stocker [2019] UKSC 17 – read judgment …..the graphic opening words of today’s decision by the Supreme Court in a defamation case. The next words are equally clear and arresting: ” What would those words convey to the “ordinary reasonable reader” of a Facebook Post?” The context was a more...
3 Apr 2019 16:06
'For richer, for poorer’ – subject to pre-nuptial agreementPre-nuptial agreements are a persistent hot topic. Whether you are engaged, happily married or unhappily married, it may be a good time to talk about a pre-nuptial or post-nuptial agreement (“pre-nup” or “post-nup”). Pre-nups have a reputation for being unromantic. For many couples the concept of more...
3 Apr 2019 09:55
Peter Laverack in landmark ruling that legally recognises same-sex marriage in a British Overseas TerritoryEdward Fitzgerald QC of Doughty Chambers and Peter Laverack of 5 Essex Court, with local silk Ben Tonner QC of McGrath Tonner, successfully represented the petitioners (Chantelle Day and Vickie Bodden Bush) in the first case of its kind in the Caribbean. The Chief Justice modified the Marriage Law more...
28 Mar 2019 10:11
How does the law split the Assets of Non Married Cohabiting Couples?Antonia Halker: http://www.5pumpcourt.com/barristers/antoniahalker In the 21st Century it is very common for long term unmarried partners to cohabit, with or without children. Inevitably and sadly some of these relationships come to an end. There is often a false assumption that, on the breakdown of more...
20 Mar 2019 10:35
We are recruiting!!With our recent celebrations of Part-Time Judicial appointments we are recruiting!! We offer a progressive attitude, friendly and efficient clerking team. We promote a positive work life balance in the beautiful South West and promote wellbeing which is recognised by being awarded a Wellbeing more...
14 Mar 2019 13:59
Post Adoption Contact considered in Court of AppealRE B (A Child) (Post-Adoption Contact) [2019] EWCA Civ 29 The issue of post-adoption contact was recently considered by the Court of Appeal in the case of Re B (A Child) (Post-Adoption Contact) [2019] EWCA Civ 29. The appellants were the natural parents represented by Vanessa Meachin QC and Sarah more...
14 Mar 2019 09:33
Deputy District Judge AppointmentsChambers are delighted to congratulate Andrew Worthley (South Eastern Circuit), James Bax, Sarah Evans and David Lidbury (Western Circuit) and Pakeeza Rahman (Midlands Circuit) who have all been appointed by the Lord Chief Justice as Deputy District Judges. Very well done!! more...
13 Mar 2019 10:19
Two QCs from No5 represent each side in court in baby manslaughter caseTwo QCs from No5 Barristers’ Chambers are representing each side in the courtroom in a manslaughter trial over the death of a two-month-old baby. Jonas Hankin QC is acting for the prosecution in the trial of Abigail Palmer, 33, who is accused of squeezing the chest of daughter, Teri-Rae, with such more...
6 Mar 2019 14:24
Sick girl to be treated against parents' wishesSara Mann represented a sick thirteen-month-old baby whose parents do not want her to have potentially life-saving treatment. The child was born with kidney failure and has survived against the odds. Doctors have said that haemodialysis, where blood is taken and cleaned, is in her best interests. more...
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