Rupert Chapman

Re B-S revisited

In the case of Re R (A Child) [2014] 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) [2013] EWCA Civ 1146. Read more

External Relocation

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

Deprivation Of Liberty And The Coroners Court

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

Cohabitation and Trusts of Land seminar

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.

Rupert Chapman

Term orders in spousal maintenance cases

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 [2014] 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

ACAS Early Conciliation and Limitation Periods in the Employment Tribunal: How does it work?

Early Conciliation

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