Articles & Publications

The value of the “small money” divorce case: why we need more judgments from everyday Family Court finance cases, and what we can learn from them

20th April 2022

Family law barrister, Iain Large writes an article for the Transparency Project website where he looks at two recent lower-value judgments in financial remedies cases on divorce, examples of the sorts of decisions taken on a daily basis by District Judges in the Family Court but very rarely published.

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Mohammed bin Rashid al-Maktoum v Princess Haya [2022] EWFC 16

7th April 2022

Sarah Phillimore, specialist barrister in both public law children proceedings and private law disputes publishes a case summary for Family Law Week concerning the conclusion of long running wardships proceedings involving the parties two children aged 14 and 10.

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Financial remedy update: Spring 2022

1st April 2022

Bethany Scarsbrook and Sophie Smith-Holland, members of our Family & Divorce team have published the Spring edition of the 2022 financial remedies update written for the FLBA’s ‘Family Affairs’ magazine. For many years, Christopher Sharp QC had produced this update and now Bethany and Sophie will be the authors of this extremely useful guide for all family practitioners. They will regularly review the more important recent financial remedy cases during the course of the year with termly updates.

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IK (A Child), Re (Hague Convention: Evidence Consent) [2022] EWHC 396 (Fam)

28th March 2022

Harriet Dudbridge, specialist barrister in both public law children proceedings and private law disputes publishes a case summary for Family Law Week discussing a judgment from Mr Justice Peel on Hague Convention return orders, the defences of consent and acquiescence and the law on habitual residence.

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MG v GM [2022] EWFC 8

23rd March 2022

Oliver Riley, specialist barrister in family law publishes a case summary for Family Law Week discussing a judgment determining an application for Maintenance Pending Suit and a Legal Services Payment Order, tried on the basis of submissions in the absence of full financial disclosure.

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Conditions precedent

8th March 2022

Brittany Pearce considers conditions precedent, and the contractual and equitable arguments that a landlord might raise in respect of a section 27A challenge when works have not been carried out due to a tenant’s failure to pay their service charge contribution.

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Claims for reasonable financial provision – A round-up

7th March 2022

Natasha Dzameh has recently published an article on Inheritance Act claims in the Family Law Journal [2022] Fam Law 384. Her article provides a summary of useful cases from 2021 regarding claims for reasonable financial provision under the Inheritance (Provision for Family and Dependants Act) 1975. This is particularly helpful for those dealing with claims by adult children, minor children, cases involving a CFA success fee or contracts to leave property by will.

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Going off piste: how far beyond the local authority’s ‘threshold’ allegations can the court go in the findings it makes against parents?

2nd March 2022

Iain Large, specialist barrister in both public law children proceedings and private law disputes publishes an article for The Transparency Project about the case of L (Fact-Finding Hearing: Fairness) [2022] EWCA Civ 169 (17 February 2022).

This case is about how the court decides the truth of child protection allegations made against parents. Specifically: when is it fair to a parent for the court to decide the truth of allegations which haven’t been raised by the local authority bringing the case, in the first place?

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The Denton Resource 2022

1st March 2022

Dr Rachel Segal of St John’s Chambers has published the 2022 edition of the Denton Resource – an invaluable time-saving research aid for practitioners dealing with applications for relief from sanctions. This latest edition (covering relevant higher authorities reported up to 31 January 2022) now includes summaries of upwards of 300 cases in which the well-known criteria in Denton v White [2014] EWCA Civ 906 have been applied. There are around 50 new cases in the 2022 edition.

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Challenges to competition and market authority decisions in merger cases 

15th February 2022

Specialist competition law barrister, Matthew O’Regan has recently had an article published in the Competition Law Journal (issue 4/2021) on challenges to decisions of the Competition and Markets Authority (“CMA”) in merger cases under the Enterprise Act 2002.

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Dictionary of Private Children Law (2022)

2nd February 2022

The second edition of the Dictionary of Private Children Law (2022) co-written by Zoë Saunders has been published this month. This book is a unique reference guide to the key concepts, cases and practice of private children law. This 2022 edition is fully updated to include changes and developments in the law from the last twelve months. New entries include: Port Alerts and Tipstaff Orders (Passport, Location and Collection Orders), Step-parent adoption, and Security for Costs.

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Raising a criminal case in the civil courts

1st February 2022

Allegations of criminal behaviour are normally tried in the criminal courts. But where a crime is either not prosecuted, or cannot be proved beyond reasonable doubt, the question may end up being tried in a civil court, even where the allegation is as serious as it could be, such as murder. This may cause difficulties where the evidence relied upon has been obtained by a third party, such as a police force whether in England or abroad, and the claimant is not in a position to give a detailed account of the allegation until that evidence is available.

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A, B and C (Children: Nesting Arrangement) [2022] EWCA Civ 68

1st February 2022

Iain Large, specialist barrister in both public law children proceedings and private law disputes publishes a case summary for Family Law Week discussing A, B and C (Children: Nesting Arrangement) [2022] EWCA Civ 68.

The Court of Appeal dismisses a father’s appeal within private law children proceedings against an interim order made by Cohen J, which had varied a ‘nesting’ arrangement.

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Nil by mouth: the problem with oral agreements

13th December 2021

Deputy Head of the Commercial team, Charlie Newington-Bridges alongside Iwan Doull from Berry Smith have published a guide on the principles relating to oral agreements.

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Warrington BC v T, R, W and K [2021] EWFC 68

28th November 2021

Lucy Reed summarises the case of Warrington BC v T, R, W and K [2021] EWFC 68 for Family Law Week. This case concerned K, aged 7, a child of Gabonese nationality. K was the subject of care proceedings instigated following allegations made by the mother concerning sexual abuse of K by his step father, and consequential discovery of very poor home conditions.

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Wills: Sealing royal wills – justifiable secrecy?

23rd November 2021

Wills & Trusts barrister, Natasha Dzameh reviews the High Court’s decision to seal the will of His late Royal Highness Prince Philip. In determining whether the will and other probate documents would be open to inspection, the public interest issue would likely be determinative.

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From savannah to settlement: the psychology of land disputes

2nd November 2021

Harry Spurr publishes an article for IPOS Mediation at mediate.co.uk on the psychology of land disputes.

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Financial remedies update – October 2021

1st November 2021

Christopher Sharp QC, member of our Family & Divorce team, publishes the Autumn edition of his 2021 financial remedies update written for the FLBA’s ‘Family Affairs’ magazine. He regularly reviews the more important recent financial remedy cases during the course of the year with termly updates. All updates are available to download from Christopher’s online website profile here, and have also been published within FLBA’s ‘Family Affairs’.

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Griffiths v TUI UK Ltd [2021] EWCA Civ 1442

15th October 2021

Jimmy Barber of our Personal Injury team summarises the Court of Appeal’s decision in the case of Griffiths v TUI UK Ltd [2021] EWCA Civ 1442. On the 7th October 2021, the Court of Appeal handed down the judgment in this case which specifically concerns the correct judicial approach to ‘uncontroverted’ expert evidence. In the context of a holiday sickness claim, but dicta both from the majority (Asplin LJ and Nugee LJ) and the dissenting judgment of Bean LJ discuss some issues of broader relevance, in particular regarding the procedural fairness of refraining from cross-examining an expert and waiting instead to criticise that expert’s opinion in closing submissions.

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Tameside MBC v AM and others [2021] EWHC 2472 (Fam)

6th October 2021

Iain Large, specialist barrister in both public law children proceedings and private law disputes publishes a case summary for Family Law Week discussing Tameside MBC v AM and others [2021] EWHC 2472 (Fam).

Judgment of MacDonald J confirming that, following amended regulations prohibiting the placement of looked after children under 16 in unregulated placements, it remains open to the High Court to authorise, under its inherent jurisdiction, the deprivation of liberty of children in such placements, provided that procedural safeguards are complied with.

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