The CA has heard a case in which the issue was whether the Conditional Fee Agreement (‘CFA’) entered into between the respondent (the claimant in the original proceedings) and his solicitors Boyes Turner LLP (‘BT’) on 24 March 2015 had retrospective effect. Both the Costs Judge and Lavender J decided that it did. The appellants, …
The LA applied for a care order in relation to a six-year-old (P). The application emanated from lengthy private children proceedings. The LA had eventually become involved and P was removed from M’s care in October 2023 under an interim care order. At the hearing for an interim order, there was a wealth of evidence …
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This is something that property practitioners must do fairly regularly, and they will no doubt refer to HMLR PG62 (easements) when they do so. But note that HMLR has also produced two other useful resources: Blog – Explaining easements – making the correct applications This contains an important reminder: ‘Whether your application involves a transfer …
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The EAT has heard an interesting case regarding unfair dismissal and maternity rights. The case summary is as follows: ‘Unfair dismissal – automatic unfair dismissal – section 99 Employment Rights Act 1996 – maternity rights – regulations 10 and 20(1)(b) Maternity and Parental Leave etc Regulations 1999 Practice and procedure – schedule 1 of the …
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The EAT has heard an important case relating to racist abuse being made against a professional footballer. The case summary is as follows: ‘The appellant, a professional footballer, played for the first respondent between 2021 and 2022. After a match on 11 September 2021, the appellant learned of an allegation that one of the first …
Continue reading “EAT – harassment and victimisation”
HMLR has updated PG4 (Adverse possession of registered land). Section 5.5 Charges has been split into section 5.5.1 Existing charges affecting the adversely possessed land and section 5.5.2 Charges created by the squatter. The aim is to clarify that HM Land Registry will not automatically register a charge affecting any adjoining land owned by the …
Was an older child’s expressed wishes and feelings the result of M’s influence and not, therefore, genuinely felt? This was a key issue of disagreement concerning a girl (C) at the centre of long, complex private law proceedings – the most difficult and depressing case Hale HHJ said he had ever presided over in 17 …
Continue reading “Child arrangements – child’s wishes”
Alienating behaviours vary in intensity, and in the extent of the emotional, social and psychological impact on the children. Such behaviours include manipulation, false allegations of abuse and encouraging bad feeling towards a parent. There is not yet any formal legal definition of parental alienation, but the Family Justice Council issued valuable guidance on the …
Continue reading “Children – parental alienation”
HMLR issued a new PG on 10 March 2025: PG83: Alteration. This guide provides information about the purposes for which the register may be altered, either by the court or the registrar, under Schedule 4 to the Land Registration Act 2002. It also provides information about how to make an application for alteration, as well …
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Sentencing guidelines for those convicted of motoring offences committed while driving vehicles without the owner’s consent came into effect on 1 April 2025. They replace the earlier guidelines (which only covered sentencing by magistrates). The new guidelines cover four aggravated vehicle taking offences: causing death, causing injury, dangerous driving and causing vehicle/property damage. Criminal defence …
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