Divorcing A Parent A spoilt teenager may selfishly cry “I wish you weren’t my mum / dad anymore!” for dramatic effect, but in other families this can be the genuine plea of an abused child. Their desire to cut ties and to restrict the abusive parent’s involvement in their lives is usually understandable but is […]
Tags: Family
Gas Safety Certificates and Section 21 Notices: Trecarrell House Limited v Patricia Rouncefield [2020] EWCA Civ 760 On 18th June 2020, the Court of Appeal handed down judgment in Trecarrell House Limited v Patricia Rouncefield [2020] EWCA Civ 760. In welcome news to residential landlords, the Court of Appeal has held that a landlord is […]
Grounds for Setting Aside a Will: Undue Influence The loss of a loved one is already an incredibly difficult and emotional time. Sometimes the situation is made worse by the discovery of suspicious circumstances surrounding the making of the will. This series of posts will examine some of the ways in which a will can […]
Tags: General Civil, Will Disputes
SUCCESS FEE RECOVERABILITY IN 1975 ACT CLAIMS: RE H [2020] EWHC 1134 (FAM) The general rule in civil litigation is that costs “follow the event”. In an article I wrote for the special issue of Civil Justice Quarterly on Civil Litigation Costs, Vol. 32 pages 109-312 Issue 2 2013, I discussed the negative impact that […]
Tags: Family, General Civil, Will Disputes
On 20 May 2020, general guidance was published on PDF Bundles: https://www.judiciary.uk/wp-content/uploads/2020/05/GENERAL-GUIDANCE-ON-PDF-BUNDLES-f-1.pdf The following points are of note: The guidance does not apply to tribunals. The guidance is general and is subject to directions of the court or the requirements of a judge in a particular case. Bundles must, where the nature of the document […]
Tags: Commercial, Family, General Civil, Insolvency, Will Disputes
It’s all very well to do Zoom, but it’s better to be in the room. One misses the tells, The ticks and the smells, There’s a danger injustice will loom! A member of my Chambers, Jessica Habel, came up with that wonderful little limerick which sums up the nature of this post. The current […]
Tags: Family
This blog looks at the recent advice which can be found on the ACAS Website in respect of handling grievances and disciplinaries during the Covid 19 pandemic. The most important point to remember (which cannot be repeated too often) is that employment law has not been suspended during the pandemic when social distancing and lock […]
Tags: Employment, General Civil
COVID 19 UPDATE 29th APRIL 2020 I have waited a couple of weeks for my next update until the Covid Job Retention Scheme (CJRS) had bedded in. In this blog I am going to look at some of the issues which have been resolved and others which still remain unresolved. Do you need […]
Tags: Employment
COVID-19 and force majeure The COVID-19 pandemic is placing considerable strain on businesses, making it difficult or impossible to meet pre-existing contractual obligations. Contracts routinely contain a force majeure clause, that is, a clause that sets out the consequences of what happens if a party is prevented from performing the contract in circumstances that are […]
Tags: Commercial, General Civil
Guidance on approach to applications for an adjournment and applications for an extension of time due to the Covid-19 pandemic: Muncipio De Mariana & Others v (1) BHP Group Plc (7) BHP Group Ltd [2020] EWHC 928 (TCC): On 20 April 2020, HHJ Eyre QC has given useful guidance on the approach to applications for […]
Tags: General Civil