The EAT has allowed an appeal relating to Equality Act 2010 complaints. The case summary states: ‘Disability Discrimination The claimant was employed in a delivery role at the respondent’s Hendon Delivery Office in London. Owing to disability he became unable to perform outdoor duties and was given supernumerary indoor duties. In February 2018 he was …
Continue reading “Dismissal – not proportionate”
In the notable case of Stack v Dowden [2007]), Baroness Hale said an express declaration of trust is conclusive unless varied by subsequent agreement or affected by proprietary estoppel. However, she did not expressly state that such subsequent agreement must comply with formal legal requirements. So, must a ‘subsequent agreement’ comply with the requirements of …
Continue reading “Financial remedies – matrimonial property”
W sought to rely on H’s conduct during the marriage to ‘seek validation and justification of her own sense of ill-treatment’ – but that was not the court’s function. So said the family court judge in a case where W specifically raised conduct in the course of FR proceedings. The court can take serious conduct …
Continue reading “Financial remedies – abusive marriage”
The trial judge had no power to strike out or otherwise summarily determine H’s application to set aside a consent order on grounds of W’s non-disclosure. She had come into a significant amount of money following the FDR but had not disclosed it. At issue was whether the court did have power to strike out …
Continue reading “Financial remedies – consent orders”
The office of the Official Solicitor and Public Trustee has published a new referral form to be used where the OS is proposed as Litigation Friend for family proceedings. It is not relevant to Children Act public law cases. The form is for solicitors to provide additional information about a child or protected party where …
Continue reading “Procedure – litigation friends”
Family and children practitioners should note that HMRC recently issued revised forms for a child’s change of name by Deed Poll. The relevant forms are LOC022, LOC023, LOC024 and LOC026. The forms have seen several updates this year – the latest bring consistency with guidance for adults, and updated Welsh guidance. Source: www.gov.uk.
M was given permission to adduce new evidence which undermines the judge’s findings to such an extent that none of them can stand, the CA has ruled. The trial had made various findings as to the circumstances in which M’s children travelled without her from their Afghanistan home and came to be living in England …
Continue reading “Children – new evidence”
Given the Law Society’s ongoing attempts to amend the Property Information Form (see July/August 2024 edition (p7)), it is fair to say that any cases involving misrepresentation and land law are likely to be closely scrutinised. The HC dismissed a recent misrepresentation claim, but the judgment included a helpful summary of the principles relating to …
Continue reading “Land – misrepresentation”
PI practitioners should note an interest rate reduction as this will affect interest calculations in PI cases. In response to the decrease in the Bank of England base rate on 1 August 2024, the Court Funds Office (CFO) rates of interest payable to clients have been reviewed and from 19 September 2024 these will change …
Continue reading “PI – interest rates”
Conscious of high-profile cases involving legal fees, the LSB has issued some common questions they receive regarding requests for costs information. They have also published some illustrative case studies, setting out the types of issues involved in these cases, and how they would be likely to approach them if they were referred to the LSB. …
Continue reading “LSB – complaints advice”