Chambers are delighted to welcome Jennifer Smith as our new tenant specialising in Family Law

Jennifer successfully completed her specialist family pupillage under the supervision of Christopher Naish. Jennifer has a busy practice of private and public law work and applications under Part IV Family Law Act 1996 (Domestic Violence). Jennifer also intends to build [...]

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High Court Dismisses Social Landlords Appeal Against Refusal to Make a Possession Order

On 25 September 2018, Mr Justice Birss dismissed an appeal by Curo Places Limited against the decision of HHJ Matthews of 7 March 2017 in which the judge refused to make a possession order on grounds of breach of tenancy [...]

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Richard Powell appointed as a Part-Time Judge in the Social Entitlement Tribunal

In addition to his appointment as a Family Recorder on the Western Circuit and his appointment as a First-tier Judge in the Immigration and Asylum Tribunal, Richard has now started sitting as a Part-time Judge in the Social Entitlement Tribunal [...]

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Consent Orders: Triumph or Disaster? Working towards best practice in reaching consent orders

Carol Mashembo has written an article for the Family Law week website in conjunction with Dr David Pitcher, CAFCASS titled ‘Consent Orders: Triumph or Disaster? The article follows a hugely successful multi-disciplinary seminar which gathered professionals involved in all aspects [...]

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The Rise of Private Financial Dispute Resolution Hearings

Paul Waterworth Retired District Judge, Associate at Magdalen Chambers, Exeter and Member of their Financial Resolution Consultancy In his final announcement, the recently retired President of the Family Division of the High Court, Sir James Munby, referred to a development [...]

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Members and guests celebrate the Summer

In the year that the Royal Albert Memorial Museum celebrates it's 150 year anniversary,  Members and staff of chambers welcomed guests to enjoy an evening of drinks and food care of Steevinson Wines and Posh Nosh to celebrate the annual [...]

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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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Solving Family Problems: Evolution or Revolution?

The out-going President of the Family Division, Sir James Munby, recently delivered a compelling lecture in Liverpool, calling for the creation of an enhanced and re-vamped family court with much wider powers to engage with the many difficulties faced by [...]

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New President of the Family Division appointment: The Rt Hon Sir Andrew McFarlane

Members of Chambers would like to wish many congratulations to The Rt Hon Sir Andrew McFarlane who is the New President of the Family Division from 28 July 2018 following the retirement of Sir James Munby. https://www.judiciary.gov.uk/announcements/new-president-of-the-family-division-appointment-the-rt-hon-sir-andrew-mcfarlane/ [...]

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No leniency for ‘computer-illiterate’ LiP who filed 73 days late

The Court of Appeal has told a litigant who was more than two months late lodging an employment appeal that he cannot rely on his interpretation of new guidance applied following the Mitchell case. https://www.lawgazette.co.uk/law/no-leniency-for-computer-illiterate-lip-who-filed-73-days-late/5065770.article [...]

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Jennifer Smith – Second Six Pupil

We are pleased to announce that Jennifer is now in her second six pupillage and is able to accept Instructions within her practice area of Family Law, [...]

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David Lidbury appointed to Sport Resolutions’ Panel of Arbitrators and Mediators.

David’s appointment will run from 1 April 2018 until 31 March 2021, alongside his usual busy practice. Sport Resolutions is the independent dispute resolution service for sport in the United Kingdom. The Panel of Arbitrators and Mediators includes many of the top [...]

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Procedure in private law fact finding hearings

All family advocates who undertake any private law children work will increasingly have to deal with the issue of fact finding. The amended Practice Direction 12J places an increased focus on issues of domestic abuse and harm and widens the [...]

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Practice Guidance: Standard Family Orders

The President of the Family Division circulates, for consultation, the second batch of Standard Family Orders (the first batch was issued with my Guidance dated 30 November 2017). Many of these have been in circulation for some time, some not, [...]

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International Family Law Conference – 21st June 2018

Our family team are delighted to invite you to attend our full day conference on Thursday 21st June 2018 - 10.00am - 4.30pm. Presented by Magdalen Chambers With Crosse & Crosse Solicitors at The XCentre, Commercial Road, Exeter, EX2 4AD Including [...]

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Sad Announcement

Chambers is very sad to report report that Richard Guy has passed away suddenly on the 25th February aged 81. There is a memorial service in Temple Church this Friday 16th March. If you would like to attend, please can [...]

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Penny Ireland is appointed District Judge

Chambers are delighted to congratulate Penny Ireland on her appointment as a full time District Judge. Penny was called to the Bar in 1996 and has been practicing family law in chambers since 2011. She was appointed Deputy District Judge [...]

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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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Head of Chambers

On the elevation of Michael Berkley to the Circuit Bench, Chambers is delighted that Christopher Naish is to continue his inspiring leadership as sole Head of Chambers. [...]

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Grow Exeter Magazine’s 100 Most Influential Women 2018

Magdalen Chambers are delighted to announce that Lisa Lyons, our Marketing and Administration Clerk has been nominated  in Grow Exeter magazine’s ‘100 Most Influential Women 2018’ in the Greater Exeter area. Lisa was chosen from 500 nominations for influential women [...]

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The on-going process of reform – Financial Remedies Courts

Although there has been much reform of the processes and procedures in the family justice system in recent years, there is one area in which little has been done and much needs to be done: financial remedies. Some of its [...]

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Case law update: Placement with adopted siblings

Last week the Court of Appeal gave judgement in Re B (A child) [2018] EWCA Civ 20 this was an unusual but interesting adoption case where the court had to weigh up the importance of a potential relationship with a [...]

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President’s Practice Guidance: Standard Financial and Enforcement Orders.

Inordinate amounts of time and money are spent – wasted – in the process of drafting orders that could, and therefore should, be standardised. https://www.judiciary.gov.uk/publications/practice-guidance-standard-financial-and-enforcement-orders/ [...]

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Christmas and New Year Opening Times 2017

Friday, 22 December - 08:30 - 17.30 Monday, 25 December - Closed Tuesday, 26 December - Closed Wednesday, 27 December - Closed Thursday, 28 December - 9.00 - 15.00 Friday, 29 December - 9.00 - 15.00 Monday, 1 January - Closed Tuesday, 2 January - 08:30 [...]

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Government announces today that evidence tests are relaxed for domestic violence legal aid

From January domestic violence victims will no longer have to endure harsh evidence tests to qualify for legal aid, the government announced today. The Ministry of Justice decided in February that it would scrap a five-year time limit for some forms of [...]

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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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Chambers welcomes two Pupils

Members of Chambers are delighted to welcome two new pupils for the final, essential, part of their training known as a pupillage The pupils will spend twelve months in chambers undertaking the preparation of cases under the careful supervision of experienced and [...]

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UK Employment Appeal Tribunal rejects Uber appeal

The ride-hailing firm Uber has lost its appeal against a ruling that its drivers should be classed as workers with minimum-wage rights, in a case that could have major ramifications for labour rights in the growing gig economy. Read the full judgment. [...]

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Members ranked in Chambers and Partners 2017 for the UK Bar

Chambers are delighted to congratulate members for being ranked for their excellence. Michael Berkley of Magdalen Chambers Chancery practitioner with a practice covering contentious trusts and probates, wills and property disputes. He is joint head of Magdalen Chambers in Exeter. Strengths: [...]

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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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Exeter Family Court Clinic Needs you!

The Exeter Family Court Clinic (or EFCC) was launched in May 2017 to provide limited free support to LiPs. We need more volunteers to help with this new initiative. The clinic runs monthly at the Exeter Combined Court offering legal [...]

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Magdalen Chambers are again ranked as a leading set by the Legal 500

Magdalen Chambers is thoroughly delighted to announce that for the fourth successive year we have been rated as a leading set on the Western Circuit by the prestigious Legal 500 directory. The authors mentioned chambers specialism in civil and family [...]

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Burden of Proof under the Equality Act 2010 and Adverse Inferences

Burden of Proof under the Equality Act 2010 and Adverse Inferences: Efobi v Royal Mail Group Limited (Judgment handed down on 10 August 2017).  Prior to the advent of the Equality Act 2010 the burden of proof under the earlier [...]

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Can I make this Order?

It not infrequently happens that a District Judge, when being asked to approve a Consent Order in financial remedy proceedings involving the transfer of property, questions the jurisdictional basis for an order that one party releases the other from the [...]

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Veterans, treatment, support, the military charities, and how they can help us

Following the welcome withdrawal of British Combat troops from Afghanistan it is tempting to think that the problems faced by our servicemen and women are coming to an end.  In fact, the opposite seems to be the case. This article [...]

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Employment Tribunals: Rebates

The commons debated the aftermath of the removal of employment tribunal fees this week- stay up to date with the employment team at Magdalen Chambers. http://hansard.parliament.uk/commons/2017-09-05/debates/17BEC6CA-B80F-4F1A-B8ED-4EDAB477EC7F/EmploymentTribunalsRebates [...]

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