96 results
Statutory Charge: Care Costs and Human Rights Act Applications
This is a short note following the further guidance in this area set down by Northamptonshire County Council & Anor v The Lord Chancellor (via the Legal Aid Agency) [2018] EWHC 1628 (Fam) (05 June 2018). http://www.bailii.org/ew/cases/EWHC/Fam/2018/1628.html and the Legal Aid Agency position: http:/ more...
2 Oct 2018 12:47
New podcastsWith the start of the legal term, we’ve posted three great podcasts on Law Pod UK. Episode 42 looks at the influence of international law on individual rights after Brexit. In Episode 43 Clare Ciborowska discusses the new offence of coercive and controlling behaviour in family proceedings. And in more...
10 Aug 2018 15:53
Further judgment handed down in Re A-FFurther to our news article from February Re A-F [2018] EWHC 138 (FAM) Sir James Munby has handed down judgment in the second part of the Deprivation of Liberty test cases Re A-F (Children) (No.2). Frances Heaton QC and Kate Burnell were instructed for the Children’s Guardians and Shaun Spencer for more...
9 Aug 2018 11:36
The Rise of Private Financial Dispute Resolution HearingsPaul Waterworth Retired District Judge, Associate at Magdalen Chambers, Exeter and Member of their Financial Resolution Consultancy In his final announcement, the recently retired President of the Family Division of the High Court, Sir James Munby, referred to a development which is playing an more...
2 Aug 2018 12:15
Chambers invites applications for pupillages commencing 2018Chambers intends to recruit one family and one civil pupil to start in November 2018. For further details go to https://applications.pupillagegateway.com/vacancies/view/1414 more...
26 Jul 2018 10:51
Mills v Mills: Meal Ticket for Life...This is a summary of Mills v Mills Spousal Maintenance – A Meal Ticket for Life? The Supreme Court has handed down judgment in the case of Mills v Mills. In the context of commentary surrounding the case referring to ‘meal tickets for life’, authorities pointing toward term orders and Private Member more...
Supreme Court rules in Mills v Mills: the end of a 'meal ticket for life'?
The Supreme Court has ruled that a divorced husband should not have to increase payments to his ex-wife after she mismanaged her finances following their split. The court today unanimously allowed the appeal of the husband in Mills v Mills, concluding that the judge at first instance had been more...
8 Jun 2018 10:25
Solving Family Problems: Evolution or Revolution? - Richard PowellThe out-going President of the Family Division, Sir James Munby, recently delivered a compelling lecture in Liverpool, calling for the creation of an enhanced and re-vamped family court with much wider powers to engage with the many difficulties faced by families in society. With laudable ambition, more...
Children Act 2004 and property law rights.
Can the Children Act 2004 be used to prevent children being dispossessed of their home in circumstances where their parents no longer have any private law right to occupy the home in question? This was the question the Court of Appeal had to address in the case of Davies v Hertfordshire CC [2018] more...
6 Jun 2018 10:42
Barristers Chambers in LondonLaw Lane Chambers is a modern, diverse, progressive and a rapidly-growing common law set based in the Capital with Barristers that specialises in Immigration, Civil, Commercial, Bankruptcy, Housing, Professional Negligence, Employment, Family and Criminal Law. For More Information on our chambers more...
How voluntary is voluntary accommodation?
Section 20 of the Children Act 1989 continues to provide comfort and concern in equal measure.Section 20(1) Children Act 1989 provides: (1) Every local authority shall provide accommodation for any child in need within their area who appears to them to require accommodation as a result of — (a) more...
5 Mar 2018 13:34
5SAH Family Team attends 21st Annual Family Law Conference in Cape Town: 1 & 2 March 2018Jaqueline Julyan S.C., Roger Birch and Gemma Lindfield all attended the 21st Annual Family Law Conference in Cape Town on Thursday and Friday, 1 and 2 March 2018. The Family Law Conference had an Internal focus to this year's programme, with Roger Birch chairing one of the sessions and Gemma more...
19 Feb 2018 17:32
Marital Agreements: Individual Autonomy and FairnessMarital Agreements: Individual Autonomy and Fairness There have been many significant developments in this area of the law in recent years, with a number of reported decisions dealing with marital agreements having been reported over the last year. I have had my fair share of cases involving marital more...
19 Feb 2018 17:30
Rehabilitation and the Delay PrincipleRehabilitation and the Delay Principle On 23rd March 2016 the judgment of the Court of Appeal in Re FM (A Child) [2016] EWCA Civ 189 was published. This was an appeal from a decision of HHJ Bond sitting in the Bournemouth Family Court in November 2015. The decision appealed against was the decision more...
19 Feb 2018 17:29
Periodical Payments and NeedsPeriodical Payments and Needs Practitioners are all aware of Mr Justice Mostyn’s view in B v S (Financial Remedy: Marital Property Regime) [2012] 2 FLR 502 that periodical payments are there to meet (save in exceptional cases) needs alone but the opportunity for the Court of Appeal to consider that more...
Practical Tips for Ex-Parte Non-Molestation Orders
Practical Tips for Ex-Parte Non-Molestation Orders On 18 January 2017, the President of the Family Division issued ‘The Practice Guidance on the Duration of Ex-Parte (Without Notice) Orders”. A few months on, this article is intended to give some practical guidance as to how to approach more...
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