...liability, there is no justification for weighting the fact-finding exercise against any particular conclusion requiring proof to any higher standard than the balance of probabilities. Reviewing the common law, early...
Read More
...this landmark case, we shouldn’t forget the role of ARAG - as Lesley’s insurance providers - the existence of such insurance cover meant that the case was financially supported all...
Read More
Christopher Edwards provides an overview of the law relating to the Commercial Agents Directive and its latest developments in Webinar for Lexis Nexis.
View Article
3PB Family Barrister Nicola Frost provides an insightful summary of Re: MM (A patient) [2017] EWCA Civ 34, an appeal from the Court of Protection in which the appellant had been ordered to facilitate MM's return to this jurisdiction, the court having found (on a number of occasions) it to be in MM's best welfare interests to be cared for in the south west of England.
The parties compromised the appeal and the court was asked to approve a consent order, allowing the appeal, on the basis that (i) the order made had become otiose and (ii) it would be futile to subject the appellant to further coercive orders in the face of her continuing obduracy. Case remitted to the court of first instance for the proceedings to be concluded.
View Article
3PB Family Barrister Nicola Frost provides an insightful summary of AB (Surrogacy: Domicile) [2016] EWFC 63, an application for parental orders in relation to two children in which the court had to determine whether at least one of the applicants could be said to be 'domiciled' in the jurisdiction at the time of the application and at the time of making the order, as required by section 54(4)(b) of the Human Fertilisation and Embryology Act 2008.
View Article
3PB Family law barrister Sarah Jennings examines the purpose of and procedure for obtaining tipstaff orders for the Family Law Week.
View Article
3PB's family law barrister Sarah Jennings provides summary for recent Court of Appeal case of Re M [2016] EWCA Civ 61 for the Family Law Week.
View Article
On the anniversary of the CDM Regulations 2015 coming into force, Seb Oram presents a LexisNexis webinar on their effect and on the practical issues that they raise for the Construction and Engineering sectors.
View Article
3PB family barrister, Jennifer Kotilaine reflects on the various ways in which the application of children law has adapted to the internet and social media and on the further adaptations that may lie ahead.
View Article
3PB Family Barrister Emma Harman explains the lessons that can be learned from A Local Authority v G (Parent with Learning Disability) [2017] EWFC B94.
View Article
3PB's Nick Kaplan reviews the decision in Grove Developments: for the Adjudication Society in an article called "Unloosening or tightening the Construction Act’s Gordian Knot?"
In Grove Developments, two of the construction world’s most esteemed Judges have, in their departing decisions before moving on to pastures new, now attempted to unloosen the Gordian Knot created by the amended Construction Act and Edwards-Stuart J’s decision in ISG.
This article seeks to assess the degree to which the decisions in Grove have unloosened that knot, or merely entangled us in other, related, difficulties. Further, it looks briefly at the recent decision of Stuart-Smith J in Davenport Builders which may, to mix my classical metaphors, indicate a way to chart a course between the Scylla of ISG and the Charybdis of Grove.
View Article