The Importance of Being Neutral

CHARLES COOPER CONSIDERS THE SIGNIFICANCE OF TRUSTEES DECLARING AND MAINTAINING NEUTRALITY IN THE COURSE OF LEGAL PROCEEDINGS Where a trustee or personal representative is a party to legal proceedings, the general rule is that they are entitled to be paid [...]

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Train strike 2022: should strikes be supported by law in a society so dependant on travel services or is it time for change?

The National Union of Rail, Maritime and Transport Workers (RMT) launched a ballot of its members in May 2022 on taking strike action. This ballot saw over 40,000 Network Rail workers and 15 train operating companies ballot for strike action. [...]

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Family Second Six Pupil Ella White is accepting Instructions

We are pleased to announce that Ella has commenced her second six period within her pupillage specialising in the area of family Law. During her first-six, she has had the benefit of shadowing most members of the family team in [...]

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Soft Loans in Financial Remedy Proceedings – Raiding the Bank of Mum and Dad

Informal loans are a regular part of Financial Remedy proceedings. It is extremely common to read a party’s Form E and see substantial loans from friends or family towards legal fees or family expenses including the family home or business. [...]

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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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Kate Harrington – Use a Picture – It’s worth a thousand words

Coronavirus regulations: out with impenetrable legalese & in with pictures, graphs & diagrams, say Charles Auld & Kate Harrington in the New Law Journal Click here for the article. Use a Picture - It's worth a thousand words [...]

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A Practical Guide to Non-Party Costs Orders – Author Charles Shwenn

Chambers would like to congratulate Charles Shwenn on the publication of his book by Law Brief Publishing: A Practical Guide to Non-Party Costs Orders. This is a valuable tool for practitioners as well as companies, insurers and commercial litigation funders. [...]

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Court of Appeal Finds That The Stay On Possession Proceedings Due To Covid-19 Is Lawful

On 11 May 2020, the Court of Appeal gave judgment in the appeal of Arkin v Marshall [2020] EWCA Civ 620, which was concerned with whether or not the stay on possession proceedings due to last until 25 June 2020 is [...]

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Private FDR – Frequently Asked Questions – Covid 19 and beyond

Given the understandable delays in the Court system brought on by the Covid-19 crisis we have seen an unprecedented number of enquiries about our Private FDR service.  Even more so following the encouragement of the judiciary both locally Financial Remedy [...]

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Have you had your court hearing about your children adjourned or cancelled because of Covid-19? Do you need a decision now about your child?

There is an alternative which is quicker and more economical than the court, and is legally binding. It is called the Children’s Arbitration Scheme. Specially qualified children specialists are able to make legally binding decisions under this scheme which have [...]

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Eviction, Unlawful Eviction & Covid-19

Recent media reports and social media excerpts suggest there has been an increase in attempts by landlords during the current Covid-19 (Coronavirus) crisis to evict their tenants including one national report of a landlord attempting to evict a paramedic by [...]

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Consecrated ground: whose vault is it?

An interesting article for New Law Journal jointly written by Kate Harrington with Charles Auld New Law Journal - Consecrated ground: whose vault is it? [...]

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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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Recent Amendments to Practice Direction 28A and the Costs Consequences of Open Offers to Settle in Financial Remedy Proceedings.

Recent amendments to Family Procedure Rules 2010 Practice Direction 28A (PD28A) have helped clarify the Court’s approach to costs in financial remedy proceedings where one party has failed to engage reasonably in negotiations. The relevant parts of Rule 28.3 have [...]

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Lord Chancellor Announces New Discount Rate for Personal Injury Claims

On 15 July 2019 the Lord Chancellor announced a new discount rate of -0.25 for personal injury claims. After many years of the discount rate remaining at 2.5, in 2017 the rate was changed to -0.75. This resulted in some [...]

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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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Charles Cooper

NIL-RATE BAND LEGACIES AND THE NEW RESIDENCE NIL-RATE BAND

CHARLES COOPER REVIEWS THE CONSEQUENCES FOR NIL-RATE BAND LEGACIES OF THE NEW RESIDENCE NIL-RATE BAND FOR INHERITANCE TAX Since 09 October 2007 it has been possible to claim, on their death, the unused Inheritance Tax Nil-Rate Band ('NRB') of their [...]

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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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Joint Head of Chambers, Michael Berkley is appointed as a Circuit Judge

Chambers are delighted to announce the elevation of Michael Berkley to the Circuit Bench. He has been appointed to sit as a Civil Judge based in Salisbury, but will be covering the whole eastern region of the Western Circuit. He [...]

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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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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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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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Early Neutral Evaluation: An Alternative Approach to the Resolution of Financial Remedy Cases

Paul Waterworth writes One of the fascinations of the practice of family law is the way in which the law itself and the procedures involved in its application, evolve to suit changing social needs and the constant search for more [...]

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The Homelessness Reduction Act 2017, initial thoughts

Last week, the Department for Communities and Local Government reported an increase of 33,000 children being housed by councils in temporary accommodation since mid-2014, representing a rise of 37%.  This equates to an average of 900 extra children each month.  [...]

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MPs, racist language and the law

Andrew Worthley has written an article for The Conversation looking at the intersection between MPs, racist language and the law of unfair dismissal, in light of recent comments made by Newton Abbot MP Anne Marie Morris. It is published here. [...]

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Working: employed or gigging? 

We lawyers have been arguing about the status of ‘employees’ since the dawn of the first codified employment legislation in this country and the advent of the industrial tribunals. Cases such as Ready-Mixed Concrete v Minister of Pensions & National [...]

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Rupert Chapman

Conduct in Needs-Based Financial Remedy Cases

The issue of conduct is one often raised by litigants in financial remedy cases. The court’s treatment of it, however, is often not what the parties would wish it to be, often because the court considers the parties’ needs to [...]

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Financial Remedies update: Short Marriage cases – a departure from the principle of equal sharing

In White v White [2001] 1 AC 596 the House of Lords established what has become a principle that the matrimonial assets of a divorcing couple should normally be shared between them on an equal basis. The Court of Appeal delivered judgement [...]

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Magdalen Chambers supports fundraising tribute to the Catherdral Yard Fire

Unique Exeter Painting Sold for Fire Fundraising Bought for policeman who helped in the response to the blaze  A painting depicting everyday life in Exeter’s Southernhay district has been auctioned to raise funds for a new cultural tribute after the [...]

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Fixing or Failing

A Review of the key points in the Government’s White Paper: “Fixing our broken housing market.” In the UK today there is a growing disparity between house prices and income.  This disparity has in turn to a doubling of the [...]

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Employment and Criminal Law- an odd mix or the perfect partnership?

Employment and Criminal Law- an odd mix or the perfect partnership? I am often asked why I specialise in two such different areas of law. The obvious answer is that I am good at both and I enjoy both, but [...]

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