Tag Archives: Legal News

The Reasonable Judicial Parent and Implacably Hostile Communities: The Presumption in Favour of Contact Remains Strong in Child Arrangements Orders

Our latest blog post discusses the intriguing case of Re M (Children) [2017] concluded in late 2017. These proceedings covered the topic of child arrangements orders in circumstances where a father had left his former religious community for his decision to live as a transgender woman, and initially ruled to only have indirect contact with his five children.
Re M (Children) [2017] EWCA Civ 2164
The Court of Appeal has overturned a child arrangements order that there is to be no direct contact between five ultra-orthodox Jewish children, aged 3 to 13, and their father who had left the Charedi community to live openly as a transgender woman.
The mother, supported by the children’s guardian, contended that direct contact would be harmful for the children because they would be alienated by their religious community, who would not accept the fath…

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Dryden and Others v Johnson Matthey PLC

The Supreme Court recently considered whether a symptomless condition could amount to actionable damage. The condition in question was platinum salt sensitisation (PSS), contracted by the claimants in the course of their employment. PSS is asymptomatic but carries a real risk of progression, especially where those affected continue to be exposed to platinum salts. The claimants were consequently prevented from working around platinum salts.
The Court revisited two leading cases: Cartledge v E Jopling & Sons Ltd [1963] AC 758 and Rothwell v Chemical Insulating Co Ltd [2008] AC 281.
The claimants sought to rely upon Cartledge, a case in which steelworkers had inhaled harmful silica particles. As a result, the workers suffered reduced lung capacity and were at an increased risk of complications should they contract a separate illness affectin…

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Getting the Most Out of Independent Reviewing Officers in Care Proceedings

Gabrielle Jan Posner, one of our specialist family law barristers and door tenants, recently had an article published on Family Law Week arguing for a more involved role for Independent Reviewing Officers in Care Proceedings. If you would like to read the complete article, you can find it on their website.
If you would like to receive dedicated legal advice and representation from Gabrielle and our other family law experts during care proceedings and other circumstances, get in touch with our helpful clerks today. Call us on 01245 605040 or email clerks@trinitychambers.com.

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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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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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Trinity Chambers Recommended in Legal 500 2016

The Legal 500 rankings, which acknowledge the performance of leading law firms across the UK, have recently been published, and we are delighted that Trinity Chambers has been recognised as one of the region’s leading sets.
The Legal 500 is an annual publication that ranks UK law firms and individual lawyers based on a strict set of criteria. They conduct extensive research into a range of legal areas and evaluate law firms by considering a number of factors including reputation and client feedback.
It is therefore an honour to be featured among the elite chambers in Essex, a testament to our strong work ethic and commitment to our clients.
Individual Excellence
In addition to this prestigious accolade, four barristers at Trinity Chambers have been recognised for their individual expertise. Andrew Bailey, Tina Harrington, Josephine Spratt-Da…

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Robot Marriage – Is it Legally Viable?

Never one to dodge an argument, Janet Bettle (barrister in all aspects of family law) has attracted controversy for an uncompromising article published in Family Law Week.
In “With this diode, I thee wed”: Marrying robots and what this tells us about 21st century marriage, Janet collaborated with Jonathan Herring, Professor of Law at Exeter College, University of Oxford to examine the nature of marriage and how it may evolve.
Dan Cashman tweeted that the article made for ‘uncomfortable reading’; the Catholic organization the Iona Institute criticised the article. Salvomag said the question raised was ‘intriguing’ and predicted that ‘Once social robots do become mainstream, it will also only be a matter of time before someone wishes to challenge the laws that might prevent a person marrying their robot companion.’
What’s all t…

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