134 results
6 Mar 2019 09:49
I believe in evidence“Don’t you believe in anything?” “Yes”, Isaac Asimov said. “I believe in evidence. I believe in observation, measurement, and reasoning, confirmed by independent observers”. I’m getting increasingly frustrated by the lack of evidence underpinning much of our criminal justice system. The system is more...
26 Feb 2019 13:53
Chambers congratulates Nigel Moore and Rupert Chapman on being elected to take over as joint Heads of ChambersThe members of Magdalen Chambers are delighted to announce the election of Nigel Moore and Rupert Chapman as the new Joint Heads of chambers with effect from June 2019. Christopher Naish was Head of Chambers at Southernhay Chambers from 2005 and then Joint Head of Chambers with Michael Berkley at more...
14 Feb 2019 12:40
We are celebrating and recruitingClick on the link to see our latest announcement in Counsel Magazine! https://www.counselmagazine.co.uk/docs/file-attachments/magdalenchambers_jan2019_hph_web.pdf?sfvrsn=b5f8_3 more...
Another false dawn?
Here we go again! The Government, in the capable hands of the aptly named David Gauke the Justice Secretary, will introduce a Bill sometime whenever to end the fault-based divorce system. This is a reference to the Matrimonial Causes Act 1973 which, in fairness, has withstood the test of time, more...
11 Feb 2019 14:29
To have and to hold - and the prenupThis article originally appeared in Live24-Seven (February 2019) It may be that the divorce rate for heterosexual couples in England and Wales has hit a 45-year low, but if your marriage becomes a statistic, how can you protect your wealth? A prenuptial agreement, signed before the marriage, can set more...
7 Feb 2019 16:51
The Court of Justice of the European Union hears intercountry adoption caseCounsel at No5 Barristers’ Chambers have appeared at the Court of Justice of the European Union in an intercountry adoption appeal. The child, ‘SM’, was adopted under the Algerian ‘Kefalah’ system by her French national legal guardians, who live in the UK as EEA nationals. The issue was whether SM more...
6 Feb 2019 12:19
Sports stars, politicians and billionaires – diplomatic immunity in the English courtsRecent high-profile news stories about the bankruptcy proceedings against Boris Becker and the killing of journalist Jamal Khashoggi in the Saudi consulate in Istanbul have brought the status of diplomatic immunity into focus. Bar a highly unlikely political intervention by the Saudi state, the more...
6 Feb 2019 12:16
Divorce Day – approaching your divorce with dignityJanuary is one of the busiest months for divorce. Whether it’s the pressure of spending time over the seasonal holidays together, the desire for a new start in a new year or simply the feeling that the time has come, embarking on divorce is a mammoth life decision, no matter what the reason or when more...
1 Feb 2019 11:34
Child Protection and the Family Court: What You Need to KnowWe are delighted to announce that Child Protection and the Family Court: What You Need To Know is out now. The 3rd edition is authored by Rt Hon Sir Andrew McFarlane, Madeleine Reardon (1 KBW) and Alex Laing (Coram Chambers). Child Protection and the Family Court - What You Need To Know gives more...
31 Jan 2019 13:33
A draft domestic abuse bill Domestic abuse in 2019 – David BurrowsDomestic abuse is endemic in UK society. The law’s response has consisted of sporadic police prosecutions, a Protection from Harassment Act 1997 (rarely used), and uncoordinated remedies in family proceedings mostly under Family Law Act 1996 Part 4 (the non-molestation and the occupation order). more...
31 Jan 2019 11:50
Court awards damages to cover commercial surrogacyIf, as a cause of the negligence of the Defendant, a Claimant is unable to have children of her own, should the cost of commercial surrogacy from California be recoverable in damages? This was the issue before the Court of Appeal recently in XX v Whittington Hospital NHS Trust [2018] EWCA Civ 2832. more...
28 Jan 2019 16:44
West Midlands barrister’s thoughts for the Child Arbitration SchemeA leading Birmingham barrister fears a lack of awareness about the use of child arbitration during family break-ups means that people do not always have it as an option at such a stressful time in their lives. Michele Friel, of No5 Barristers’ Chambers, is the only arbitrator in the West Midlands more...
28 Jan 2019 13:38
The Round-up: Domestic Violence Consultation and some Strasbourg casesIn the News The Home Office has published a domestic violence consultation response and draft bill as part of a landmark overhaul of domestic abuse laws. Theresa May promised an overhaul almost two years ago, and the bill was a key pledge in the 2017 Queen’s Speech. The bill introduces the first more...
Monumental Incompetence
I am told that judges, lawyers and staff in the family courts may have to cut corners and exceed time limits because of the high volume of work, and by all accounts, it is a malaise spreading throughout the entire court system. My recent experiences of the court service do not auger well, and whilst more...
23 Jan 2019 10:18
Sentence increased for defendant in latest Operation Pallial hearingIn the latest hearing into allegations of historical abuse in the north Wales care system, a man previously convicted of serious sexual abuse and indecent assault at a care home in Wrexham, has had his sentence increased from three and a half years to five years and 10 months. Catherine Donnelly more...
23 Jan 2019 09:20
Arbitration – the future is brighter for private law children disputesWith the start of a new year the time is ripe for solicitors to rethink their approach to dispute resolution in children matters. Litigation is not always the right answer, it can be stressful, time consuming and expensive. Clients who choose arbitration generally report back favorably, the reduced more...
22 Jan 2019 10:18
Family reform online event: Monday 11 February 2019, 1:00pm – 2:00pmHMCTS is continuing to engage with practising legal professionals and professional court users about our £1bn courts and tribunals reform programme. We are hosting a series of face-to-face and online events, organised by jurisdiction and topic. You're invited to join our online event showcasing the more...
11 Jan 2019 08:47
Damages for wrongful life refusedARB v IVF Hammersmith & Another [2018] Civ 2803 (17 December 2018) – read judgment Legal policy in the UK has traditionally prohibited the granting of damages for the wrongful conception or birth of a child in cases of negligence. In this case the Court of Appeal has confirmed that this bar is more...
10 Jan 2019 15:31
Lorraine Cavanagh appointed Queen's CounselWe are delighted to announce that Lorraine Cavanagh has been appointed Queen’s Counsel in the new Silk appointments announced by the Lord Chancellor today. The appointment was made by Her Majesty The Queen on the advice of the Lord Chancellor, David Gauke MP, following consideration by the more...
8 Jan 2019 17:41
October 2019 pupillage applications now openChambers are offering two pupillages, one civil and one family. For details on how to apply please go to the following link. https://www.magdalenchambers.co.uk/pupillage-applications-are-now-open/ more...
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