Private FDRs – what are they and are they really worth it? – Becket Chambers

Posted September 5th, 2024 in chambers articles, divorce, families, financial dispute resolution, news by sally

‘Any litigation involving your own family is undoubtedly very stressful. Add to the mix a long drawn out expensive process and the stress factors are compounded even more.’

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Becket Chambers, 30th August 2024

Source: becket-chambers.co.uk

The final Grenfell inquiry report and what it means for families – Politics Weekly UK – The Guardian

‘The 2017 Grenfell Tower fire in London was the result of ‘decades of failure’ by central government, the public inquiry into the catastrophe has found. The Guardian’s John Harris looks at the findings of the report with the social affairs leader writer Susanna Rustin. And, as Labour continues to warn ‘things will get worse before they get better’, we are joined by the economists James Meadway and Ann Pettifor to discuss whether a painful period of austerity-lite is the only way through the storm.’

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The Guardian, 5th September 2024

Source: www.theguardian.com

Financial Remedies – Non Matrimonial Property – 33 Bedford Row

‘Financial Remedies – Non Matrimonial Property.’

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33 Bedford Row, 2nd September 2024

Source: www.33bedfordrow.co.uk

Sophia Stapleton explores and explains orders made under Section 91(14): Protection from further applications under the Children Act 1989 – 2DRJ

Posted September 4th, 2024 in chambers articles, children, domestic violence, families, family courts, news by tracey

‘A section 91(14) order is also sometimes known as a ‘barring order’, but this is misleading. Orders made under section 91(14) of the Children Act 1989 stop a named person from making any application under the Children Act 1989 without the court’s permission.’

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2DRJ, 3rd September 2024

Source: www.2drj.com

Mother of Baby P back in jail after licence conditions breach – The Independent

‘The mother of Baby P, who died after months of abuse, is back behind bars two years after being freed from jail.’

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The Independent, 3rd September 2024

Source: www.independent.co.uk

Re: D and A (Fact Finding: Research Literature) [2024] EWCA Civ 663 – St Ives Chambers

Posted September 2nd, 2024 in accidents, appeals, care orders, children, expert witnesses, families, local government, news by sally

‘The recent Court of Appeal decision in D and A (Fact Finding: Research Literature) [2024] EWCA Civ 663 considered issues about the use of medical research literature as evidence in care proceedings under Part IV of the Children Act 1989. This case is an important decision, reminding practitioners of the importance of oral evidence and the evidence provided by expert witnesses in a time when the Government is running a pilot programme which might limit both of those things.’

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St Ives Chambers, 8th August 2024

Source: www.stiveschambers.co.uk

Arguing Incompatibility: Lessons from the Court of Appeal – St Philips Barristers

‘In Dudley Metropolitan Borough Council v Marilyn Mailley [2023] EWCA Civ 1246, the Court of Appeal considered whether the statutory provisions governing succession to secure tenancies under the Housing Act 1985 were discriminatory in circumstances where a family member was not able to succeed to a tenancy, as the tenant had ceased to occupy the property due to ill-health and did not have capacity to assign the tenancy to them.’

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St Philips Barristers, 19th August 2024

Source: st-philips.com

Home Buyer’s Nightmare: The Seller’s Wife Won’t Leave – St Philips Barristers

Posted September 2nd, 2024 in chambers articles, families, land registration, news by sally

‘Iqbal Mohammed explores the unusual facts in the case of Pervaiz v Akhtar, decided by Her Honour Judge Truman in July 2024.’

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St Philips Barristers, 1st August 2024

Source: st-philips.com

Family Law Newsletter – August 2024 – Spire Barristers

Posted September 2nd, 2024 in chambers articles, families, family courts, news by sally

‘Family Law Newsletter – August 2024; Articles, news, legislation updates and case updates from Care Proceedings, Private Law and Financial Remedy matters.’

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Spire Barristers, 19th August 2024

Source: www.spirebarristers.co.uk

When property held “in trust” is not a trust: the decision in Nazir v Begum [2024] EWHC 378 – Wilberforce Chambers

Posted September 2nd, 2024 in appeals, chambers articles, families, land registration, news, wills by sally

‘At first blush the decision of Freedman J in Nazir v Begum [2024] EWHC 378 (KB) appears counterintuitive. Section 33(1) of the Administration of Estates Act 1925 (“AEA”) states that:
“On the death of a person intestate as to any real or personal estate, that estate shall be held in trust by his personal representatives with the power to sell it”.’

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Wilberforce Chambers, 30th July 2024

Source: www.wilberforce.co.uk

‘Grenfell is a warning to the world’: The survivors still searching for justice – The Independent

‘As the Grenfell inquiry prepares to publish its final report into the 2017 tower block fire that killed 72, Nadine White speaks to those still grappling with its tragic legacy.’

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The Independent, 1st September 2024

Source: www.independent.co.uk

One-word Ofsted grades scrapped in England’s schools – BBC News

‘One or two-word Ofsted inspection grades for England’s schools are being scrapped immediately.’

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BBC News, 2nd September 2024

Source: www.bbc.co.uk

Council to pay family more than £5k after placing them in B&B accommodation for six months – Local Government Lawyer

Posted August 27th, 2024 in families, homelessness, housing, local government, news, ombudsmen, statutory duty by tracey

‘The Local Government and Social Care Ombudsman (LGSCO) has found that Birmingham City Council failed to provide suitable accommodation to a family placed in bed and breakfast (B&B) accommodation for more than 26 weeks, 20 weeks over the maximum time such accommodation can be used for homeless applicants with dependent children.’

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Local Government Lawyer, 22nd August 2024

Source: www.localgovernmentlawyer.co.uk

Arguing incompatibility – Local Government Lawyer

Posted August 23rd, 2024 in assignment, families, landlord & tenant, news, succession by tracey

‘Eloise Marriott analyses the Court of Appeal’s ruling in a case where it considered whether the statutory provisions governing succession to secure tenancies under the Housing Act 1985 were discriminatory in circumstances where a family member was not able to succeed to a tenancy, as the tenant had ceased to occupy the property due to ill-health and did not have capacity to assign the tenancy to them.’

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Local Government Lawyer, 23rd August 2024

Source: www.localgovernmentlawyer.co.uk

Family reunion and human rights: KF (Syria) overturned in new Upper Tribunal decision – EIN Blog

Posted August 20th, 2024 in families, human rights, immigration, news by tracey

‘In the newly reported Upper Tribunal decision in Al Hassan & Ors. (Article 8; entry clearance; KF (Syria)) [2024] UKUT 00234 (IAC), my client, a Syrian national, arrived in the UK through a resettlement scheme. She applied to be reunited with her siblings, as well as her nieces and nephews. This was through the standard family reunion route, outside of the Immigration Rules. Our point, inter alia, was that KF and others (entry clearance, relatives of refugees) Syria [2019] UKUT 413 (IAC) was wrong in law to only look at the sponsor’s rights, as well as the argument that the risk of refoulement in a family reunion appeal surely has to be the biggest interference in family life.’

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EIN Blog, 19th August 2024

Source: www.ein.org.uk

‘It’s not like you were beaten’: The horrifying misogyny vulnerable women face from the judge’s bench – The Independent

‘Domestic abuse survivors warn that – inside the secretive family courts – they are being ‘retraumatised’ by the legal system, and say judges are the worst offenders.’

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The Independent, 17th August 2024

Source: www.independent.co.uk

HJB v WPB: Beware the Preliminary Issue – Financial Remedies Journal

‘In BN v MA [2013] EWHC 4250 (Fam) Mostyn J observed:

“[24] … In Granatino v Radmacher the Supreme Court analysed very closely the nature of nuptial agreements. They pointed out that nuptial agreements come in numerous shapes and forms and can be entered into at any point before, during or after a marriage …
[26] The Supreme Court has modified the test for the treatment of these nuptial agreements, as expressed in Edgar and Xydhias and, indeed, in MacLeod, so as to provide one single test applicable to all nuptial agreements, which is this, “The court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement”. That now is the test to be applied in every case where a nuptial agreement falls for consideration.” ‘

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Financial Remedies Journal, 16th August 2024

Source: financialremediesjournal.com

NCDR Redux: The Impact of October’s CPR Amendments – Financial Remedies Journal

Posted August 19th, 2024 in civil procedure rules, costs, dispute resolution, families, family courts, news by tracey

‘One of the changes to the FPR 2010 made when the material parts of the Family Procedure (Amendment No 2) Rules 2023 came into force on 29 April 2024 was an amendment to r 28.3(7) which by the insertion of a new (aa)(ii) makes “any failure by a party, without good reason, to attend non-court dispute resolution” a basis to depart from the general starting point that there should be no order as to costs. This is repeated in para 10E of PD 3A which states “the court may take the parties conduct in relation to attending non-court dispute resolution into account when considering whether to make an order for costs in relation to the proceedings”.’

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Financial Remedies Journal, 16th August 2024

Source: financialremediesjournal.com

UK sperm donations being exported despite 10-family limit – The Guardian

Posted August 19th, 2024 in birth, children, export controls, families, limitations, news by tracey

‘Sperm donated in the UK is being exported and can be used to create large numbers of children across multiple countries, contradicting a strict 10-family limit that applies in the UK, experts warn.’

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The Guardian, 18th August 2024

Source: www.theguardian.com

Claimant wins High Court challenge to council over failure to secure suitable accommodation, conduct lawful assessment of children – Local Government Lawyer

‘The London Borough of Bexley failed to secure suitable accommodation for claimant ZRR in breach of section 190 of the Housing Act 1996 and failed to conduct a lawful needs assessment of her children under section 17 of the Children Act 1989, the High Court has found.’

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Local Government Lawyer, 15th August 2024

Source: www.localgovernmentlawyer.co.uk