Emma Cross Barrister

Supreme Court – Re H-W (Children): Proportionality of Care Orders

In a judgement published on 15 June 2022, the Supreme Court determined key issues regarding the making of Care Orders in H-W (Children); H-W (Children) (No 2) [2022] UKSC 17 (Re H-W). The full judgment is available here: https://www.supremecourt.uk/cases/docs/uksc-2021-0196-judgment.pdf This [...]

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Emma Cross Barrister

K v K and guidance from the President on private law fact-finding hearings: More clarity for courts and practitioners in the post-Re H-N era

In the year since Re H-N (seminal case regarding PD12J, domestic abuse and fact-finding hearings), there have been a series of decisions in the higher courts which have helped to shape and define the original decision. In more recent times, [...]

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Legality of placements orders under the Adoption Agency Regulations 2005

Somerset County Council v NHS Somerset Clinical Commissioning Group & Anor [2021] EWHC 3004: Elizabeth Willsteed appeared as part of the team representing the Guardians for the 10 children in this decision concerning the legality of placement orders made on [...]

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Elizabeth Willsteed represents Respondent Children by their Children’s Guardian

Re:N [2021] EWCA Civ 785 Elizabeth Willsteed represents Respondent Children by their Children's Guardian in Appellant Mother's Appeal held 21st May 2021. Court of Appeal (Civil Division) Approved Judgment [...]

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Domestic Abuse in the Family Courts: A Changing Landscape?

The Court of Appeal has handed down judgment in 4 joined cases considering the approach of the Family Court to the issue of domestic abuse. In a case that attracted substantial comment in the media, and which was live tweeted [...]

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Parental consent and the deprivation of liberty of 16 and 17 year old children

On 26 September the Supreme Court gave judgement In the matter of D (A Child) [2019] UKSC 42. The case considers the scope of parental responsibility to consent to the living arrangements for children which would otherwise amount to a [...]

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Court of Appeal Gives Judgment in Livewest v Bamber [2019] EWCA Civ 1174

The Court of Appeal has handed down judgment in Livewest v Bamber [2019] EWCA Civ 1174 - a case concerned with whether or not 6 months notice is required to end a fixed term tenancy by the use of a [...]

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David Campbell acts as Prosecutor for A.C.T National Health and Safety Criminal Mock Trial

On Wednesday 13th February David Campbell acted as Prosecution Counsel for Compliance on Trial - Health and Safety  Criminal Mock Trial he helped organise with A.C.T National Ltd at the National Liberal Club in London. The event was attended by [...]

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Pimlico Plumbers Ltd & Mullins v Smith [2018] UKSC 29

In what is likely to be the leading authority on employment status for years to come, the Supreme Court today has dismissed the appeal of Pimlico Plumbers from the Court of Appeal decision that Mr Smith was a worker and [...]

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Fundamental Dishonesty in Context – LOCOG v Sinfield [2018] EWHC 51

In the absence of an authoritative statutory definition, a fair amount of judicial ink has been spent attempting to unpack the practical meaning of the term ‘fundamental dishonesty’. It was introduced by CPR 44.16(4) as an exception to the qualified [...]

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Unmarried couples win right to claim bereavement damages following landmark ruling 

Unmarried couples are to have the same rights to bereavement damages as married couples following a landmark Court of Appeal ruling. NHS worker Jakki Smith, 59, brought an appeal after discovering she was not eligible for damages after her partner [...]

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Burden of Proof under the Equality Act 2010: Ayodele v Citylink Limited & Napier [EWCA] Civ 1913 a Return to Orthodoxy after Efobi v Royal Mail Limited.

Further to my article on 9th October 2017 the Court of Appeal has considered the effect of section 136 of the Equality Act 2010 in the case of Ayodele v Citylink Ltd. The point arose as an additional ground of [...]

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The Court of Appeal Gives Judgment in Fundamental Dishonesty Case

On Monday 30 October 2017 the Court of Appeal gave judgment in the case of Howlett v Davies [2017] EWCA Civ 1696, which concerned the issue of fundamental dishonesty for the purpose of removing the costs protection provided by Qualified [...]

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Dan Dyson Led by Neil Hext QC succeeds in Court of Appeal

CHANNON V WARD [2017] EWCA Civ 13 The Court of Appeal has held that a negligent broker who failed to place PI insurance for his accountant client had caused no loss as the notional insurer would not have accepted the [...]

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Dan Dyson appears before the Court of Appeal

Dan Dyson led by Neil Hext QC of 4 New Square Chambers appeared before the Court of Appeal (Lady Justice Gloster and Lord Justice Tomlinson) on 22 and 23 November 2016 in the case of Rodney Channon (t/a Channon & Co) [...]

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Rupert Chapman

New Procedure for Appeals in Family Proceedings

As of October 3rd 2016, appeals from orders made by Circuit Judges and Recorders in most private law family proceedings will be heard by a High Court Judge rather than by the Court of Appeal as had previously been the [...]

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Employment Appeal Tribunal allows claim to be pursued which arose after the ACAS Early Conciliation Certificate

Can an ACAS Early Conciliation Certificate cover a claim which has not arisen before the date of the Certificate (or even before ACAS were first contacted)? "Yes", said the Employment Appeal Tribunal in Compass Group UK and Ireland Ltd v [...]

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Court of Appeal Gives Guidance on Suspended Possession Orders

Another important judgment has been handed down in the field of Housing Law, being last Thursday's (7 July 2016) Court of Appeal decision in City West Housing Trust v Massey; Manchester & District HA v Roberts [2016] EWCA Civ 704. This is [...]

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“The Supreme Court Rules That There is No Article 8 Proportionality Defence Available to Possession Proceedings in the Private Rented Sector: McDonald v McDonald [2016] UKSC 28.”

After 6 years of waiting to see whether a tenant of an assured shorthold tenancy provided by a private landlord can raise an article 8 (right to respect for private, family and home life) proportionality defence to possession proceedings pursuant [...]

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Ritual Circumcision in the Family Courts: High Court Judge sets out new guidance

Mrs Justice Roberts has handed down judgment in an application brought by a Muslim father (represented by Rupert Chapman of Magdalen Chambers) to permit him to have his sons circumcised in accordance with his Muslim faith. The Court held that [...]

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The costs of turning down an offer

Dispute Resolution analysis: Steven Ball, barrister at Magdalen Chambers and counsel for the appellant, says the judgment in Patience v Tanner confirms that the trial judge’s discretion in considering the effect of offers is not absolute and must be exercised [...]

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The Village Green is dead, long live the Village Green….

After a series of high profile cases in the High Court, Court of Appeal and Supreme Court in the last 2 years, together with recent legislative changes which appeared to reduce the chances of land acquiring Town or Village Green (TVG) status, the [...]

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Rupert Chapman

Supreme Court Decision on Habitual Residence

At the recent Exeter Court user’s group  the Designated Family Judge drew to the attention of attendees the judgment of the Supreme Court in the case of Re LC (Children)[2014] UKSC 1. Handed down in January last year the case [...]

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Court of Appeal case of RE B-S (Children) [2013] EWCA Civ 1146.

On 3rd October Christopher Naish represented the mother and Christian Gape represented the Guardian in an appeal in the Court of Appeal (Arden, Ryder and Macur LJJ) in the case of RE Y (Children). (more…) [...]

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