Tag Archives: Barristers

Support or Substitution? A Local Authority’s Duties Towards Parents with Learning Disabilities

A Local Authority v G (Parent with Learning Disability) [2017] EWFC B94
A recent judgment considered the correct approach in care cases where one or both of the parents suffer from learning disabilities.
The court was concerned with a girl aged 3 and a boy aged 19 months. The mother suffered from mild learning difficulties, with an IQ of 57 and partial deafness. The father was the mother’s registered carer but suffered himself from depression and stress.
His Honour Judge Dancey considered the authorities and derived the basic principles [at paragraph 35] that adults with learning difficulties can often be ‘good enough’ parents with sufficient support and that professionals and family law courts must focus on providing that support rather than removing children from their parents’ care.
The Judge warned against both direct and indirect …

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Financial Remedies Courts Coming to Chelmsford

In the 18th View from the President’s Chambers, the President of the Family Division of the High Court of England and Wales, Sir James Munby, has set out in some detail his plans for the new Financial Remedies Courts (‘FRCs’), including plans to pilot the scheme in the South-East as early as Easter 2018.
On 1st December 2017, the President announced plans to introduce specialist courts to deal with financial remedies, which will include claims under:
- The Matrimonial Causes Act 1973
- Schedule 1 of the Children Act 1989
- Part III of the Matrimonial and Family Proceedings Act 1984
- The Inheritance (Provision for Family and Dependants) Act 1975
- The Trusts of Land and Appointment of Trustees Act 1996
We now know that the first three pilots of these new Financial Remedies Courts, in London, the West Midlands, and South-East Wales, are e…

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Inheritance (Provision for Family Dependents) Act 1975: A Caution Over Moral Claims

In the recent case of Ball v Ball 2017 EWHC 1750 Ch, the High Court rejected a claim under the Inheritance (Provision for Family and Dependents) Act 1975 (IPFDA) made by three adult children against their mother’s estate.
The IPFDA allows the court to provide further financial provisions for family and dependents who have been left out of a will, been left with less than they thought due, or if no will had been written prior to death. This includes, but is not limited to, the spouse of the deceased, the deceased’s children, and dependants maintained by the deceased.
In this particular case, the mother had disinherited three of her children for reporting their father to the police for indecent assault offences, for which the father was later convicted. The mother, who was not the abuser, had a clear intention for the 20 years following the …

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Statutory Demands: Creditor faces costs order even when they were entitled to serve the statutory demand

Dunhill v Hughmans (A Firm) [2017] EWHC 2073 (Ch)
The High Court has recently held that although a creditor was ‘entitled’ to serve its statutory demand when it did, it had not been ‘appropriate’ to do so. Accordingly, the creditor was liable for the debtor’s costs of applying to set aside.
The court held that the creditor was entitled to serve its statutory demand upon obtaining summary judgment. However, it went on to consider that entitlement against the appropriateness of doing so when the creditor knew the debtor was seeking permission to appeal.
Upon the debtor’s appeal being allowed, the creditor proposed withdrawing its statutory demand with no order as to costs. The court held that it was reasonable for the debtor to reject that proposal. The debtor was therefore entitled to her costs.
This is a reminder that creditors mus…

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Family Law Jargon Buster

Divorce or separation is said to be the second most stressful event in a person’s life after the death of a spouse. If you and your ex husband/wife/partner cannot agree about the arrangements for your child(ren) and/or are not able to agree about your finances, the prospect of having to go to court to sort it out may seem very daunting and is probably adding to your stress levels.
This is why there are initiatives designed to resolve divorce and other family law proceedings without having to go to court, such as mediation and arbitration.
Recently, there has been a real effort to make court proceedings more accessible and to use plain language. In one case last year, when the judgment was to be read by a young person, an esteemed High Court Judge spoke in simple sentences and put in emojis. Family judges have come a long way from the cantank…

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Round Essex Christmas Quiz Answers

Did our challenging Round Essex Christmas Quiz keep your brain active over the festive period? In December, we left you 20 cryptic clues to locations throughout Essex, testing both your problem-solving skills and local knowledge. Make sure you’ve given it a try before checking the answers below.
Here are the answers – how many did you get right?
1) Mr Fawlty’s home – Basildon
2) In a jam – Tiptree
3) Completely mad – Barking
4) 50 shades in Thurrock – Grays
5) Ship’s kitchen next to a forest – Galleywood
6) Humorous bad actor – Witham
7) Sounds like a place to store fossil fuel – Colchester (or Coalhouse Fort)
8) Clever woody perennial – Braintree
9) Entrance for a wading bird – Herongate
10) Dead and buried – Ingrave
11) Mine next to ocean – Pitsea
12) Merchandise – Stock
13) Mr Laurel’s cuddly …

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2016 Year In Review

The curtains are closing on 2016 and what an emotional rollercoaster of a year it has been, packed with momentous political and historical events. Fortunately, here at Trinity Chambers, 2016 has brought strong developments and positive change, as we remain unwavering on our tradition of exceptional legal advice and representation throughout Essex. Join us for a quick reprise of several highlights of our year, detailed below.
New Faces In Chambers
This year we were delighted to welcome two new barristers to our chambers, adding their experience and enthusiasm to our collection of legal professionals. Alice Owen accepted our invitation to take up tenancy in our chambers after completing her pupillage here, which she began in April 2015.
We also welcomed Gabrielle Jan Posner, a specialist in the Care and Private Law Children’s Act with over 30 …

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Trinity Chambers Closing Times for Christmas

Trinity Chambers will be closed for a brief time over the Christmas and New Year periods.
Our Clerks’ Room will not be accessible from 12pm on Friday 23rd December 2016, and will not reopen until 8.30am Tuesday 3rd January 2017. During this time, you will not be able to contact our chambers through our usual contact number and email address.
However, if you do need to get in touch with our barristers for urgent hearings and legal proceedings, we have arranged an emergency contact number for the festive break. Simply call us on 07981 195851 and we will endeavour to answer your query as soon as possible.
In the meantime, we would like to wish everyone a very Merry Christmas and a Happy New Year, and we look forward to seeing you in 2017.

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Christmas Time and Child Arrangements Orders

Christmas is a time for family, and for most parents being with your children to celebrate the most wonderful time of the year is a given. But sometimes, no matter how hard we try, being together as a family simply isn’t workable. When you are going through a separation or are divorced, it can often be a happier solution for everyone involved for parents to split the time they have with their children over the Christmas period.
It can be tempting to avoid making these arrangements for as long as possible to prevent a dispute, but the further in advance these decisions are made, the less stressful it will be for all parties – especially the children. Expectations can be set and everyone can enjoy their Christmas knowing exactly what it will involve.
Understandably, there can be conflict between parents over what they think is best for the c…

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Employment Law and the ‘Gig’ Economy

News emerged this month that Theresa May has ordered a review into workers’ rights. The review, which is to be conducted by Matthew Taylor, Chief Executive of the Royal Society of the Arts, will look into the growth in “non-standard forms of employment” such as self-employment, temping and zero-hours contracts. It will analyse how these ‘flexible’ employment options result in some workers losing out employment rights.
What defines an ‘employee’?
One of the major issues lies in the way that employment law differentiates between employees, workers and the self-employed. When you are considered an employee, you are entitled to certain rights including national minimum wage, paid holiday and sick pay. Workers receive a similar level of protection.
In contrast, those who are considered self-employed don’t benefit from these rights. …

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