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Part 25 applications: A cautionary tale for practitioners

This was a private law case in front of magistrates where the mother was represented by counsel and the father, a Serbian whose first language was not English, was in person.  The mother had concerns that the father had a personality disorder….

Post separation accruals: JB v MB [2015] EWHC 1846 (Fam)

This is a decision of Nicholas Cusworth QC sitting as a High Court Judge which contains a useful summary of the authorities relating to post-separation asset accruals.

The parties began their cohabitation in 1990, the year before H, a systems analyst by…

AR v RN [2015] UKSC 35

Temporary moves are commonplace in international families: A parent may accompany children to another country during term time whilst they attend school, or for long term medical treatment, or as in the case of AR -v- RN [2013] UKSC 60 the focus…

Re K and H (Children): There is no power to cause HMCTS to meet the costs of representation for a litigant in person

Where a litigant in family proceedings is unrepresented because he is ineligible for legal aid, can the court direct that the cost of representation be met by H.M. Courts and Tribunals Service? No.

The question has been considered in a small number…

Orman v Cihangir & Octagon Insurance

Judgment was given by Her Honour Judge Baucher sitting at the County Court at Central London on 15th May 2015. It considered the relatively new provisions in respect of qualified one-way costs shifting (“QOCS”) and fundamental dishonesty.

The matter related to a…

Enhanced court fees: mitigating the impact

Despite widespread criticism from the legal community, on 9th March 2015 the government implemented a crippling rise in court fees in England & Wales.  Aware of the potentially devastating effect on claimants, lawyers throughout the country worked feverishly to protect their clients’…

Davis Solicitors LLP v Raja & Another [2015] EWHC 519 (QB)

This was an appeal in the High Court against a Circuit Judge’s refusal to grant relief from sanctions. William Dean represented the Respondents at the appeal hearing. The appeal was dismissed.

Mr Raja and Ms Riaz (“the Respondents”) were clients of Davis…

IT & Insurance

 
Times are changing for us.  Two issues that highlight that are information technology and insurance.
Many courts have previously promulgated guidance on lodging/serving electronic documents.  However, the Civil Justice Council’s Advisory Group on Online Dispute Resolution has concluded its…

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