In the case of Re R (A Child)  EWCA Civ 1625 the Court of Appeal has addressed the confusion and bad practice which seems to have arisen since the case of Re B-S (Children)(Adoption Order: Leave to Oppose)  EWCA Civ 1146. Read more
In the case of Bakir v Downe  EWHC 3318 (Fam) Mostyn J has given guidance on the procedure in relation to parties giving undertakings. He has confirmed that an undertaking does not have to be signed by the party giving it where it is; Read more
The increasingly global nature of modern day life has led to an increase in the number of parties seeking to relocate (or prevent relocation of) children following a relationship breakdown. That relocation can be either internal or external to our jurisdiction but is likely to have a significant (and often devastating) impact on one of the parties. The Courts actively encourage parties to make an application in advance of any relocation, and this should be done either by way of a specific issue order pursuant to section 8 Children Act 1989 or section 13 CA 1989. For the party opposing any move, the correct procedure is to apply for a prohibited steps order pursuant to section 8 CA 1989. Read more
Charles cooper reviews developments in the reporting of deaths where there was a deprivation of liberty.
The first Chief Coroner’s Annual Report published earlier this year confirmed that guidance has been provided to individual Coroners in relation to Deprivation of Liberty Safeguarding orders, and that it is anticipated the likely requirement to hold an inquest with a jury where a death occurs subject to such an order may result in an increase in the number of inquests with juries. Read more
Members of Magdalen Chambers’ Private Client Team of provided a Cohabitation and Trusts of Land seminar in Poole on 16 October 2014.
The event organised by Coles Miller Solicitors brought together some 50 Family and Civil litigation solicitors and legal executives from a number of firms in Dorset, Hampshire, Wiltshire and London.
The training event is likely to be rolled out again in Exeter over the coming months with 4.5 hours of accredited CPD .
If you are interested in attending a similar training day please contact James Basden by email JBasden@magdalenchambers.co.uk or on (01392) 20 84 84.
Southernhay Chambers and Rougemont Chambers, it has been ranked by the internationally respected Legal 500 2014 as one of the leading sets on the Western Circuit.
In addition to chambers’ overall ranking seven members of chambers, including both heads of chambers, have been ranked as leading juniors in their fields. Read more
It is widely recognised that the decision of the Supreme Court in the Cheshire West case has resulted in an increased case-load for the Court of Protection. Read more
Guidance has been recently given as to the proper approach to the question of whether to make a term order for maintenance or not. In the case of Murphy v Murphy  EWHC 2263 (Fam) Holman J considered a case where the parties had participated in a FDR and had agreed the capital division of their assets as well as child maintenance, in relation to both of which an order had been made, but not the quantum and term of maintenance. The wife was 42 and the husband 35 and were married for only 6 years, with two years of cohabitation. There were 2 children aged 3 ½. Read more
Applications by Claimants to amend their claim forms can face Respondents at any stage in the litigation, and they can cause delay and increased costs. So too may a new issue come to light which had not been apparent at the time of issue, which to refuse a Claimant to add it to their claim may be draconian indeed. Read more
Since 6th April 2014, before ‘relevant proceedings’ can be issued in an Employment Tribunal, prospective Claimants must first contact ACAS and provide them with certain basic information (referred to as ‘prescribed information’ to be given ‘in the prescribed manner’ (i.e. in accordance with the legislation)) to enable ACAS to explore the possibility of resolving the dispute by conciliation- Employment Tribunals Act (‘ETA’) 1996 section 18A(1) (inserted by Enterprise and Regulatory Reform Act 2013 section 7(1)). This applies to all claims issued on or after 6th May 2014. Read more