An analysis by Esther Lieu for Family Law Week.
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An analysis by Sarah Jennings & Esther Lieu, 3PB, with District Judge Julie Exton look at the Family Drug and Alcohol Court for Family Law Week.
View ArticleEsther Lieu explores the circumstances in which parental responsibility may be terminated and considers the effect of s.4(2A) in anticipation of the Court of Appeal's judgment in the appeal from CW v SG.
View ArticleEsther Lieu and Adam Weiss, Legal Director, The AIRE Centre, explain the ECtHR's recent decision in Raw v France which considered, amongst other matters, the enforcement of court orders and the circumstances in which a parent could represent their children in Strasbourg proceedings.
View ArticleVirtual quiz in aid of mental health charity MindOut
- Date: Thursday 23rd Sep 2021
- Time: 7:00 pm
- Venue: Via Zoom
CITMA Webinar: UK case law update
- Date: Wednesday 15th Dec 2021
- Time: 12:00 pm - 2:00 pm
- Venue: Online
Michael George and Aimee Fox have penned a review on variation applications for the latest issue of Family Law, contrasting the treatment of the applications for variations in income awards with those for non-income/capital provision.
The feature reviews two key cases of BT v CU and T v T, offers a postscript on PAG Report 2019 and suggests several lessons learnt from these important cases for divorce and financial settlement, notably:
- The test for varying the quantum or rights vested under a non-income/capital award is either very high or in the alternative they are not amenable to variation as to quantum and these two strands of thinking persist for the moment
- Practitioners should be mindful that an order for a series of lump sums may be deemed to be a camouflaged order for a series of lump sums and care needs to be made when advising and drafting
- The costs rules as drafted do seem logical in the context of applications for variation of non-income/capital awards
- Practitioners should be wary of inadvertently giving impermissible regulated financial advice if there is an option for an internal transfer.
This article was first published by LexisNexis® on 10 February 2022.
View Article3PB's family law specialist, James Legg, alongside Alex Brereton from Mishcon de Reya LLP, writes for Family Law on how the use of expert evidence is tightly regulated by the Judges in the Family Court.
Expert evidence can only be used where it is ‘necessary’ to assist the court to resolve the proceedings. In proceedings relating to children (including claims under Schedule 1 of the Children Act 1989), experts are only usually instructed once the court has given its permission to do so. On the other hand, in financial remedy proceedings the permission stage is engaged when a party seeks to adduce the evidence from the expert into the proceedings (i.e. permission is not normally needed to obtain the evidence, only to adduce it into the proceedings).
Part 25 of the Family Procedure Rules 2010 and its associated Practice Directions provide detailed practical guidance as to applications to adduce expert evidence and how it is dealt with once permission has been granted. A ‘Daniels v Walker’ application may provide a party with an opportunity to challenge an expert's evidence by adducing the evidence of a second expert. Generally, this is only permitted where there is a good reason and, in all of the circumstances, it would be unjust not to allow the adducing party to rely on that evidence.
The full article has been published in the September issue of Family Law.
View Article3PB Family's Inaugural Private Law Children & Financial Remedies Conference
- Date: Thursday 11th May 2023
- Time: 9:15 am - 5:00 pm
Alexander Whatley has written, for LexisNexis, an article about breaching payment obligations under agency agreements in the case of Aston Martin MENA Ltd v Aston Martin Lagonda Ltd. The analysis highlights the partially-successful claim, following trial, brought against this well-known manufacturer of luxury cars by its exclusive distributor in the Middle Eastern, North Africa and Turkish (‘MENA’) region.
Both parties had entered into an agency agreement which the distributor had terminated upon alleged breaches of payment obligations. The claim also included numerous allegations of breaches of good faith. The court found that the claimant had been entitled to terminate the agency agreement for non-payment.
View ArticleRebecca Farrell has written an article for LexisNexis regarding a landlord’s winding-up petition for £167,593.41 against a company incorporated to run a school which was dismissed. The court found there was a strongly arguable case that the bulk of the petition debt did not represent rent arrears payable, but rather a purchase price payable for shares in the company. The court also accepted that there was a cross-clam with a real prospect of success in a sum of at least £546,000 in general damages and potentially exemplary damages as well. The company had raised a strongly arguable case that the purported forfeiture of the lease by physical re-entry between the first and second hearing of the petition (causing the abrupt closure of the school) was unlawful, amongst other arguments in the cross claim.
This article was first published by LexisNexis on 23 July 2024.
View ArticleMatthew Wyard, Jim Hirschmann and Rosa Thomas write for Local Government Lawyer on the framework concerning the duty to consult in public law.
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