Chambers Blog

RE A (JOINT RESIDENCE : PARENTAL RESPONSIBILITY) [2008] EWCA Civ 867

Mother's ex-cohabitee, who had treated the child as his own for the first two years of his life was given joint residence so as to confer PR on him. This was despite the man being found to be dominating and controlling and having covertly filmed the mother and child in their home. Mother was even prevented from informing the real father of his paternity and from introducing the child to him.

Written by Rebecca Fitton-Brown, Barrister at New Walk Chambers, specialising in Family law.

Boundary disputes can turn into some of the most acrimonious civil cases to come before the county courts. Often the point in dispute will have relatively little financial value, with the parties becoming entrenched and fighting for the "principle" of the case. Typically, disputes concern the position of a fence or hedge, or car parking problems. Rights of way and noise nuisance also feature strongly as complaints. Funding is not generally available for neighbour disputes form the Legal Services Commission (civil legal aid) but may be available on a house insurance policy. Many solicitors will not undertake boundary dispute cases on a "no win no fee" basis, since such cases do not usually include a claim for damages. Very often, one or both of the parties is left to fund the case privately or represent themselves. In these circumstances, an accredited barrister can provide cost effective advice, advocacy and help with documents under the Direct Access scheme.

 Written by Ian Jones, Barrister at New Walk Chambers, Specialising in Direct Access work, including Boundary Disputes.

With the new contact provisions coming into force next monday, the 8th of December, there is a new court form: Form C100 will replace form C1 for all section 8 Applications (residence, contact, specific issue, prohibited steps)

 Written by Rebecca Fitton-Brown, Barrister at New Walk Chambers, specialising in Family Law.

Bradley v. Bradley [2008] EWCA Civ 629

W, who had been ordered to pay H a lump sum, would be entitled to ask for costs already awarded against him to be set off and deducted from the lump sum, but her obligation to pay the rest of the lump sum could not be stayed pending further litigation and possible future costs orders. Security for costs could be ordered in Matrimonial Causes Act applications.

 Written by Rebecca Fitton-Brown, Barrister at New Walk Chambers, specialising in Family Law.