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T’is the season to be techie ….!

This is the time of year for families …. and for gadgets. Lots of them! In particular, smartphones. An average 65% of children in the UK aged between 8 and 11 now have their own smartphone.

This figure rises to 90.5% in…

Analysis on proportionality in costs assessments: how worried should we be?

Jennifer Newcomb considers the (potentially costly) implications of the analysis of proportionality in practice in the case of Hobbs v Guy’s and St Thomas’ NHS Foundation Trust [2015] EWHC B20.
In this recent Senior Courts Costs Office case, Master O’Hare gave…

Once fixed costs always fixed costs?

If there is one Judgement from the last few weeks that a PI practitioner dealing in modest value claims would be well advised to read and absorb it is the Judgement of HHJ David Grant on appeal from District Judge Salmon in…

A limit to injunctions under the inherent jurisdiction

London Borough of Redbridge v SNA [2015] EWHC 2140 (Fam)
In his judgment of 21 July 2015, Mr Justice Hayden limits the application of injunctions sought for unspecific children or vulnerable adults under the High Court’s Inherent Jurisdiction. 
The local…

Court of Appeal responds to criticism from Europe over ‘forced adoptions’

Re CB (A Child) [2015] EWCA Civ 888
This case concerned a little girl, CB, who was born in April 2008. CB and her mother, LB, are both Latvian citizens although CB was born in England and has been habitually resident…

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…

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