Tag Archives: Legal News
This article sets out the current options (as of 11th April, 2017) if you have a court order to see your child but the other parent breaks that order and won’t let you see your child.
If contact is stopped in breach of an order, it is vital that the case is brought back to court promptly. Any delay may play into the hands of the person in breach and may make it more difficult to re-establish contact.
There are a number of technicalities involved and the process can be a tricky one. If you do not want or cannot afford to instruct a solicitor, you might wish to consider having a direct access barrister to assist you for some or all of the process.
Our Direct Access Barristers are skilled in negotiation and advocacy plus, they can help you to draft applications and statements. Call us on 01245 605040 to arrange an initial meeting at our chamber…
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. …
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.
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…
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…
August is typically a popular time for holidaymakers as many take advantage of the summer sun, trading the pressures of work for adventures abroad. Almost all workers in the UK have the right to at least 5.6 weeks paid holiday each year, although a significant case currently proceeding through the courts could dramatically impact upon the amount of holiday-time equates to paid vacation and on what basis.
Lock vs. British Gas Trading Ltd recently resurfaced in the Court of Appeal after first appearing at tribunal in April 2012. This dispute brought forward by Mr Lock, a British Gas salesman, argued that he should have commission considered when calculating his holiday pay. He claimed that 60% of his typical salary was based on commission, but his wage while on holiday was reduced to its basic structure.
The Employment Appeal Tribunal (EAT) reac…
The Court of Protection has initiated a new Case Management Pilot Practice Direction, which will commence officially on 1 September 2016 for an expected duration of up to 12 months. The pilot scheme is divided into three pathways in relation to CoP proceedings, these being Property and Affairs, Health and Welfare, and a hybrid pathway that encompasses elements of both property and health.
This scheme has a number of significant aims to improve the speed and consistency of cases held in the CoP. Applicants will be obliged to provide improved analysis of their claim at the start of the case, allowing for their advocates to provide more robust case management decisions. This also allows for any issues to be acknowledged at the outset of proceedings and handled appropriately.
The pilot direction encourages the early resolution of cases as a means …
Gabrielle Jan Posner, Barrister and Recorder, Trinity Chambers Chelmsford, draws practitioners’ attention to a resource underused in both private and public law children cases.
Section 16 of the Children Act 1989 enables a court to make a family assistance order requiring a Cafcass officer or an officer from a local authority to advise, assist (and where appropriate) befriend any person named in the order. For a long time now I have been of the view that family assistance orders are a valuable and underused tool in both private and public law children’s cases. I suspect the reason they are underused is that you cannot apply for them. You can ask in your application for one to be made alongside another order, but the rules do not allow for making an application solely seeking a family assistance order.
Family assistance orders tend to b…
Determining the best approach for children in care has been the centre of prominent parliamentary debate this year. A yearlong inquiry by Lord Laming determined that children who grow up in care are six times more likely to commit a crime than other young people. This significant demarcation led to the government announcing its intention to introduce new legislation to tackle these concerns about the care system.
In May, the Children and Social Work Bill was introduced in the House of Lords. The goal of the Bill is to improve the opportunities available to children in care as they grow into adulthood. A key aspect in reaching this altruistic aim is increasing the number of children adopted when it is in their best interests.
As a result of this, courts and local councils will be required to take better account of a child’s need for stability…
In the latest of a series of judgements since February 2013, this April the Government lost a challenge to protect the Jobseekers (Back to Work Schemes) Act 2013. The three Court of Appeal Judges upheld the previous decision of the High Court that the measure was not adequately explained to jobseekers and employees, infringing both their Employment and Human Rights.
This has been widely referred to as the “Poundland Case”, as it began when Cait Reilly, a geology graduate, won her claim that it was unlawful for her to work for free at Poundland as a condition of her Jobseekers Allowance (JSA). This case grew into a nationwide inquiry following the introduction of the Jobseekers Act. The High Court ruled that not enough information about the penalties of refusing to work unpaid had been outlined and therefore contravened Article 6 of the E…
An announcement regarding New Standard Contractual Terms.
Recommended by the Bar Council
As of 31st January 2013, Trinity Chambers will be introducing New Standard Contractual Terms as recommended by the Bar Council. The current Terms of Work and Withdrawal of Credit Scheme, under which we currently work, will be abolished on 31st January 2013.
The New Standard Contractual Terms are available on the Bar Council website at www.barcouncil.org.uk or downloaded directly here (PDF).