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Articles & Publications

Coercive Control and the consequences of forfeiture – Challen v Challen [2020] EWHC 1330

28th May 2020

Natasha Dzameh reviews the case of Challen v Challen [2020] EWHC 1330 and what it means for the operation of the ‘forfeiture rule’ in cases of coercive control.

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Charlie Newington-Bridges acted for the successful applicant in an unusual High Court application under s125 Companies Act 2006

27th May 2020

Charlie acted for the successful applicant in a s125 Companies Act 2006 application involving the rectification of the register of members where a 100% shareholder and sole director had died and no provision had been made in the Articles for the appointment of a director by executors. The claim was made pursuant to s125 Companies Act 2006 for an order that the Claimants, who were the named executors of the estate of the late Russell John Price (‘the Deceased’) could rectify the register of members, allowing them to appoint directors.

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SZ v DG & Ors [2020] EWHC 881 (Fam)

5th May 2020

Barrister: Asha Groves
Source: Family Law Week

Summary: Mostyn J refuses a father’s application for leave to apply for contact with his son subject to a Special Guardianship Order due to s91(14) being in place

This case involved Mostyn J’s ruling on the father’s application for permission to make an application for contact with his son ‘ED’. The child was subject to a special guardianship order in favour of his foster carers made following lengthy care proceedings (see one of the relevant judgments at D (A Child) [2014] EWHC 3388 (Fam). The father required permission to make the present application as, in the course of those proceedings, Mostyn J had imposed a s91(14) order preventing the father from making any future applications without leave of the court.

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AD & Ors, R (On the Application Of) v London Borough of Hackney [2020] EWCA Civ 518

29th April 2020

Barrister: Asha Groves
Source: Family Law Week

Summary: This case involved an appeal of a judicial review decision in respect of the Respondent Council’s policy in relation to provision to support children who have special educational needs and disabilities (“SEND”). The policy in question involved a 5% reduction in one of the funding elements for SEND provision to schools. The Appellants were children who have SEN and disabilities and attend mainstream schools in Hackney.

 

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Update on remote hearing platforms

16th April 2020

One of the points mentioned in the short Wehinar that Vanessa McKinlay and I delivered earlier this week was about the further systems that are being adopted by the courts to enable remote hearings to be conducted. You will all be aware of various limitations being reported around the better known platforms and in particular the security issues associated with Zoom.

To view the webinar click here.

HMCTS are now offering something called the Cloud Video Platform – CVP. I have no direct experience of this system and how it works in practice but below I set out the guidance from HMCTS as to how to ensure you are equipped technologically for such hearings (it is simple) and what will (or should) happen at the time of the hearing.

Firstly, the court will need your preferred contact details and you will receive a website link and sign in details. It is advised that you check your spam folder if you don’t receive this.

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Financial Remedies in the Time of Covid-19

6th April 2020

Zoë Saunders our head of family finance sets out what we can do to help you deal with financial remedy cases in the circumstances of the current pandemic.

 

 

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Case Summary: Inquest touching upon the death of Mr Andrew Goldstraw

31st March 2020

Barrister: Marcus Coates-Walker
Source: AvMA Lawyer Service Newsletter

Summary: Having represented the family at the inquest into the death of Mr Andrew Goldstraw who was found hanged in his cell at HM Prison Winchester, Marcus explores the key issues in the case, including: (a) the time of death; (b) the failure to carry out roll checks; (c) the assessment and management of the risk of self-harm and suicide of inmates; (d) the provision of anti-depressant medication; and (e) the availability of ‘Spice’ in the prison. Marcus also looks at the criticisms made of the ‘SystmOne’ computer system which is used to store and manage the medical records of prisoners nationwide and how it presents an ongoing risk of contributing to similar deaths to that of Mr Goldstraw.

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Duty of Care and the Coronavirus Bill

25th March 2020

Barrister: James Marwick
Summary: The Coronavirus Bill was published last Thursday and it is before Parliament this week.

It is an extraordinary piece of legislation which will introduce wide ranging emergency provisions aimed at addressing the unprecedented public health crisis presented by the covid-19 pandemic.

The situation is constantly evolving and this article simply serves to highlight some of the possible longer-term ramifications for healthcare and clinical risk lawyers presented by the Bill.

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Financial remedy update Spring 2020

1st March 2020

Barrister: Christopher Sharp QC
Source: FLBA’s ‘Family Affairs’
Summary: Christopher Sharp QC who is acknowledged by Chambers UK as one of only five star Silks in family law in the country, reviews the more important recent financial remedy cases during the course of the year with termly articles, written for and published within FLBA’s ‘Family Affairs’.

His article for FLBA’s ‘Family Affairs’ Summer 2020 edition is now available and can be downloaded here.

All his previous articles are also available to download from Christopher’s online website profile here.

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HR v DS [2019] EWHC 2425 (Fam)

3rd February 2020

Barrister: Sophie Smith-Holland
Source: Family Law Week

Summary: In this case Mr Justice Cohen granted, for what appeared to be the first time, a Hadkinson order to cover proceedings which were not identical, albeit related, The effect of the order was to strike out an appeal in Family Law Act proceedings unless the respondent made good the admitted default in Financial Remedy proceedings.

 

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High Value Psychiatric Exacerbation Settlement

24th January 2020

Robert Mills has achieved settlement for a claimant in a high value clinical negligence case, acting as Junior Counsel to Matthew Phillips QC.

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New Precedent at Appeal to First Tier Tribunal

24th January 2020

Robert Mills has set a new precedent in an appeal to the First Tier Tribunal against the Criminal Injuries Compensation Scheme in January 2020.

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High Value Orthopaedic Settlement

24th January 2020

Robert Mills has achieved settlement for a Claimant in a clinical negligence case concerning a negligent failure to diagnose a scaphoid fracture.

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Combined Oncological and Gynaecological Case Settlement

24th January 2020

Robert Mils has achieved settlement for a Claimant in a clinical negligence case concerning two separate episodes of negligence.

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Financial remedy update Winter 2019

11th December 2019

Barrister: Christopher Sharp QC
Source: FLBA’s ‘Family Affairs’
Summary: Christopher Sharp QC who is acknowledged by Chambers UK as one of only five star Silks in family law in the country,  reviews the more important recent financial remedy cases during the course of the year with termly articles, written for and published within FLBA’s ‘Family Affairs’.

His article for FLBA’s ‘Family Affairs’ Winter 2019 edition is now available and can be downloaded  here.

All his previous articles are also available to download from Christopher’s online website profile here.

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Vicarious liability issues following injury at an office party

10th December 2019

Barrister: Matthew White
Source: PI Focus
Summary: Matthew White examines the vicarious liability issues following injury at an office party. Matthew was instructed in the case of Shelbourne v Cancer Research UK where the claimant was physically lifted up, and dropped, on the dance floor at the Christmas party at her workplace. She sustained spinal injury. Read more about the case here or download the article below.

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Commercial team newsletter – Autumn edition

21st November 2019

Barrister: Nick Pointon, Charlie Newington-Bridges, Annie Sampson, and Emma Price
Source: St John’s Chambers
Summary: Welcome to the second edition of our new Commercial team newsletter, designed to bring you a selection of important and interesting updates in the world of commercial law. Each issue will feature four or five articles about interesting developments over the preceding months, together with a summary for those in a rush, and some useful practitioner’s tips. Our newsletter will also keep you abreast of any important news, big wins or interesting cases in which members of our specialist Commercial team have acted.

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Agricultural and rural affairs case law update

12th November 2019

Barrister: Leslie Blohm QC
Source: Agricultural Law Association’s National Conference
Summary: Leslie spoke at the Agricultural Law Association’s National Conference on Thursday, 7th November at The Copthorne Tara Hotel, Kensington, London. He provided a case law update to delegates, focussing on a selection of cases that have particular significance to agriculture, whether to family succession and farms (proprietary estoppel), impediments to development of agricultural land (commons and Town and Village Greens), the extent of ancillary rights of access in agricultural leases, or notices to quit relating to Agricultural Holdings Act tenancies.

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PQ v RS and others (Legal Parenthood: Written consent) [2019] EWFC 65

11th November 2019

Barrister: Harriet Dudbridge
Source: Family Law Week
Summary: Harriet summarises the judgment in the case of PQ v RS and others (Legal Parenthood: Written consent) [2019] EWFC 65, where the court was concerned with cross applications for a declaration. PQ applied for a declaration of parentage, RS applied for a declaration of non-parentage under s 55A Family Law Act 1986. Read more here.

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AA & 25 Ors (Children) [2019] EWFC 64

7th November 2019

Barrister: Harriet Dudbridge
Source: Family Law Week
Summary: Harriet summarises the judgment in the case of AA & 25 Ors (Children) [2019] EWFC 64, concerning the welfare and living arrangements for 25 children. The focus of this hearing was mainly on 3 female siblings, AA (15), and twins AB and AC (14). In essence the  allege that there was a paedophile ring centred on the home of the A girls’ grandparents AGF and AGM who systematically and over a number of years sexually abused AB and AC. The A girls are in foster care, but the other children have remained within their families. The guardians stressed the protective arrangements, ongoing for over 18 months, has had drastic consequences on the families. Read more here.

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