In H (A Child), the parents were both born in Pakistan enter an arranged marriage. The husband already lived in the UK by this time, and the wife joined him on a spousal visa in 2012. Their son, ‘H’, was born shortly afterwards. The wife accused the husband of keeping hold of her and H’s passports following a matrimonial spat Before the trip, she found out that her husband had been previously been married and had a daughter. The wife was initially sceptical of the trip to Pakistan, but she was convinced to make the trip, when he swore on…
The 10 November 2014 Times (thetimes.co.uk) tells us a story called “Park Bans Single Women and Men” because they wanted to visit an adventure park without children. The reason given was the risk of paedophiles. All of us wish to take the strongest action against these evil men, but this is a step too far and probably unlawful. The grandfather in this story says he feels discriminated against. He is right to feel that way because that is exactly what has happened. This particular park featured falconry, one of his interests. Although a private company…
The Children Act 1989 (CA) gives children rights. It is the children who have the rights to have contact with both parents and the children have the rights for maintenance. The judge is guided by the welfare checklist which is as follows: the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding) his physical, emotional and educational needs the likely effect of any change in his circumstances his age, sex, background and any characteristics of his which the court considers relevant any harm which he has suffered or is…
Mr Justice Mostyn in the case of AB v CD caused quite a ripple. If during a divorce a party enters a relationship (either sex, and male or female) a Judge will take this into account. It may not blossom into cohabitation or marriage but a Judge has to weigh it up as a Section 25 factor. That is the section of the law that determines how the finances are divided. Whilst we are not specifically not saying dating is out, during a divorce there should be great restraint and discretion or it could have very serious…
Have a look at the September/October Spectator article by Martyn Gowar (www.spears.com) which highlights the way that legal costs can dwarf the amount of the claim especially when encouraged by conditional fee agreements on a no win no fee with a success fee of up to 50%. There is no justification for these massive costs. There is a great deal that can be done in litigation by the person themselves if they have the time. Take a witness statement. A witness statement is an integral part of any litigation and sets out in writing the client’s case. The…
Excellent article with the above title in the Mail on Sunday sets out clearly the legal principle which stretches back more than 300 years. A person can be found guilty even if they were not present at the scene provided there is an agreement to act together. This is similar to a conspiracy, but not quite the same. Encouragement can be sufficient rather than actual involvement. There is no doubt there have been wrongful convictions and that this will continue to happen. The most famous is “Let him have it Chris” which we may all remember from the film of…
The person who files the petition to bring the divorce case is called the Petitioner and the other party to the relationship the Respondent. Then within that procedure people can make an application. Supposing for example the husband made an application to sort out finances. He would become the Applicant and the Petitioner wife the Respondent. It is incredibly confusing and therefore some judges fell back by calling the parties “Husband” or “Wife” whether or not they were still married. This solution, however, was further complicated by the introduction of Dissolution of civil partnership and still remains incredibly confusing Constantly…
An excellent article by Simon Allen in the Law Society Gazette 15 September 2014 (lawgazette.co.uk) is well worth a look and it summarises clearly the test to be applied when applying for disclosure of documents or other evidence before starting a claim. One of the key tests is whether disclosure before proceedings is desirable. It is certainly a very powerful tool because depending on the disclosure, one can decide whether or not to actually start a claim at all. The Court of Appeal again emphasise the importance of the Overriding Objective, and the obligation upon parties to co-operate with cost…
With a carefully constructed letter, it is often possible to avoid points when caught for speeding by offering to attend a Speed Awareness Course. This can sometimes be achieved, even though the police do not offer the course. On receipt of the reply to the notice to the registered keeper (this of course must be filled in truthfully and returned), the next step is the summons to the driver. This can be pre-empted by a good legal letter, which will increase the chance of being offered the course, to avoid points. Have a look at the hylton-potts website for more…
An excellent article by Simon Allen in the Law Society Gazette 15 September 2014 (lawgazette.co.uk) is well worth a look and it summarises clearly the test to be applied when applying for disclosure of documents or other evidence before starting a claim. One of the key tests is whether disclosure before proceedings is desirable. It is certainly a very powerful tool because depending on the disclosure, one can decide whether or not to actually start a claim at all. The Court of Appeal again emphasise the importance of the Overriding Objective, and the obligation upon parties to co-operate with cost…
