Permission granted for Second Appeal in Landlord and Tenant Break Clause Case

Court of Appeal Grants Permission for Second Appeal in Landlord and Tenant Break Clause Case Lewison LJ has granted a tenant permission to appeal in a case concerning the correct construction of a break clause in a residential letting and [...]

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Team Magdalen get proud 2nd Place at the YRes Devon Quiz

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Article 8 – the right to respect for family life

Practitioners will of course be familiar with Article 8 and the right to respect for family life, which touches on everything in the jurisdiction of the Family Court. The formula settled upon to reflect consideration of Article 8 in judgments [...]

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Rupert Chapman

Sharing Offshore Pension Assets Revisited – UK Courts Unable to Share Foreign Pensions

In the latest judgment in the long running case of Goyal, Mostyn J has concluded that the pension sharing provisions contained in section 24B of the Matrimonial Causes Act 1973 cannot be used to share a foreign pension scheme, contrary [...]

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Members ranked in Chambers and Partners 2016

Michael Berkley Exeter-based practitioner with significant experience. His chancery practice includes probate and wills work, property disputes and contentious trusts. Strengths: "If someone said: 'I have a chancery problem and need an Exeter barrister,' I would give Michael's name." Christopher [...]

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The Right Warrant: Issuing Warrants Following the Breach of A Suspended Possession Order.

The Court of Appeal has recently given judgment in the case of Cardiff CC v Lee (Flowers) [2016] EWCA Civ 1034, which is concerned with the correct application to be made for a warrant for possession where there has been a breach [...]

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PD27A, FPR 2010: Trial Bundle documents and the Litigant in Person

A recent Judgment from the High Court has provided a robust reminder regarding the need to comply with Practice Direction 27A. The Judgment was published with the approval of the President and reminds practitioners of the need to ensure that [...]

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Magdalen Chambers ranked as a leading set by the Legal 500

Magdalen Chambers is delighted to announce that for the third year in a row we have been rated as a leading set on the Western Circuit by the prestigious Legal 500 directory. The authors praised chambers in particular for its [...]

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Family Law Specialist Carol Mashembo joins Magdalen Chambers Family Practice Group

Magdalen Chambers is very pleased to welcome Carol Mashembo (called 1999) as a member of our Family Practice Group. Carol has practiced for six years at St John’s Chambers in Bristol and before that spent 10 years in Plymouth. She [...]

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Rupert Chapman

Variation of maintenance – the scope of the court’s discretionary exercise

A number of previous cases have been used in support of the assertion that the court in considering an application for variation of spousal periodical payments must consider the case de novo and reapply the s. 25 criteria from scratch. [...]

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Rupert Chapman

Committal proceedings and the right to silence

In the recent case of Morris v Morris [2016] EWCA Civ 812 the Court of appeal has restated the importance of the accused’s right to silence in Committal Proceedings. The husband appealed against a committal order made on the wife’s [...]

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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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Private Client Law and Practice- Seminar Tuesday 10th May 2016

Presented by Magdalen Chambers at Larkbeare House, Topsham Road, Exeter, EX2 4NG Including sessions on Inheritance Tax - Relevant Property Trusts, Agricultural Property Relief and Business Property Relief Trustees Powers & Duties Removal of Trustees & Administration Actions Probate disputes [...]

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Noticeably Possessed

Take Notice (of Possession): All Change Renting is big business. With the percentage of private renters in England increasing year on year, it is little wonder that the government is enacting various reforms across the rental sector to further its [...]

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Rupert Chapman

Courts Unable to Order HMCTS to Fund Representation in Family Proceedings

Since legal aid was withdrawn for all private law actions, save for those which are excepted from the scheme, there has been much debate (and some litigation) on the issue of the fairness of such arrangements and the perceived lack [...]

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All Change?!

There have, over the years been a number of reviews of the tribunal system- ‘Justice’ in 1987, the green paper ‘Options for Reform’ in 1994, ‘Fairness at Work’ in 1998, the Leggatt Report in 2001, the ‘Employment Tribunal System Taskforce’ [...]

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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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Child witnesses in Family Courts : A worthwhile update

The recent decision in Re R (children) [2015] EWCA Civ 167 is a useful reminder in what circumstances a child should give evidence and the test to be applied. The facts of this case are noteworthy as this was an [...]

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Recovering Charitable Hospice Costs

The Recoverability of Damages for the value of Nursing Services provided by a Charitable Hospice. It is worth remembering that a claimant in a fatal accident claim may be entitled to recover damages for the value of nursing services provided [...]

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Court of Appeal Provides Guidance on Indirect Discrimination Claims

Home Office (UK Border Agency) v Essop and Others [2015] EWCA Civ 609 52 claims were brought against the Home Office arguing that the requirement to take the ‘Core Skills Assessment’ amounted to indirect race and age discrimination. A declaratory Judgment [...]

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ACAS Early Conciliation- the harsh reality

The Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014 came into force on 6th April 2014 introducing mandatory conciliation in employment disputes as a precursor to eligibility for bringing a claim before an employment tribunal. We are over [...]

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Rupert Chapman

Quantifying beneficial interests post Kernott

In the case of Graham-York v York [2015] EWCA Civ 72 the Court of Appeal has considered the proper approach to the quantification of beneficial interests since the Supreme Court’s judgment in Jones v Kernott. The appellant, Miss Graham-York had [...]

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Rupert Chapman

Strike-out and delay in Financial Remedy Proceedings

The Supreme Court has handed down its judgment in the case of Wyatt v Vince, overturning the Court of Appeal’s earlier judgment and refusing to strike out Mrs Wyatt’s claim for financial provision. (more…) [...]

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Rupert Chapman

HMCTS funding for legal representation in family proceedings

In the context of the substantial cuts to the legal aid budget and the removal of legal aid for most family cases, the courts have in recent months given guidance on how parties who find themselves ineligible for legal aid [...]

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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 [...]

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Amending ET1s- the Tribunal’s recent Approach

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 [...]

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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 [...]

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A guide to ex-parte non-molestation applications under Part IV of the Family Law Act 1996.

In February of this year Mostyn J in JM v CZ [2014] EWHC 1125 (Fam) provided useful guidance as to the general principles that apply to without notice applications under part IV of the Family Law Act 1996. (more…) [...]

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Think big – go small

The press has been filled recently with the news that most new wind turbines are being called in by Mr Pickles, as Secretary of State, and refused and many seemed to think that the death knell was being sounded for [...]

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Tenancy deposits, where are we now?

Practitioners will be aware that from 6th April 2007, the date on which the relevant provisions of the Housing Act 2004 came into effect, landlords have been required to safeguard their tenant’s deposit by the use of a government authorised [...]

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Supreme Court’s Long Awaited Judgment in Deprivation of Liberty Cases

After 5 months of anxious anticipation the Supreme Court has handed down judgment in the cases of P v Cheshire West and P & Q v Surrey County Council.  This judgment is a key moment in defining the rights of [...]

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Qualifying nuptial agreements: A quick look at the current law and future developments

Traditionally in this country the use of nuptial agreements has been very limited on public policy grounds, both on the basis that agreements relating to a future and hypothetical separation were void because they offend the principle of the life [...]

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Rupert Chapman

Capacity and the Court of Protection: How unwise is a person allowed to be?

The Court of Appeal has given guidance in the important case of PC, NC v City of York Council [2013] EWCA Civ 478 on the proper test to be applied when considering the capacity of a person to make specific [...]

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Employment Tribunals – Costs

Last year saw the enactment of the 2013 Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 with many changes arguably most notable of which was the introduction of fees and a greater power being given to Employment Tribunals to [...]

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Amendments to TUPE 2006

Under ‘The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 there are various amendments to TUPE 2006, which I set out below. (more…) [...]

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