Divorce is a difficult time for all parties involved, with the division of assets being one of
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Defending Against False Allegations Of Domestic Abuse
Domestic abuse allegations are an incredibly serious issue in the family courts. They must be handled with
What Are The Visitation Rights Of Fathers?
The term “visitation rights” is popular because it is used in television and movies, however, the term
What Is A Direct Access Barrister?
A direct access barrister offers services directly to clients and members of the public without the need
How Do You Deal With CAFCASS In The Family Court
When navigating through the complexities of the Family Court in cases involving child custody or welfare, you
What Are The Benefits Of A Prenuptial Agreement?
What is a prenuptial agreement? A prenuptial agreement is a written agreement that is created between two
What Is Parental Alienation?
Parental alienation can be challenging to define as it relates to a subtle set of behaviours perpetrated
What Happens If Your Partner Won’t Sign Divorce Papers?
Is your spouse ignoring your efforts to serve them with divorce papers? The process of completing a
What Is A Freezing Order Used For In Divorce Proceedings?
During a divorce, a common occurrence is that one partner will attempt to dispose of or sell
What Is A Child Arrangements Order?
A Child Arrangements Order specifies a child’s place of main residence, the amount of time they spend
What Is The Difference Between a Barrister and a Solicitor?
Barristers and solicitors both practice law in the UK, providing legal representation for their clients. Traditionally, the
Can I Sell My Business Before a Divorce?
The divorce process can leave you feeling like you are in limbo, as you wait to see
What Is An Expert Witness In Court?
During a hearing, the court will often deal with complex subjects which require specialist knowledge to understand.
Non-matrimonial assets: what are they and when do they matter?
In Family Court financial remedy proceedings, non-matrimonial assets are distinct from matrimonial assets.
What does the family court take into account when making a Financial Order?
A financial order sets out how parties to a divorce shall manage and split their finances and assets after the divorce takes effect.
Occupation orders: an overview
Part IV of the Family Law Act 1996 enables a court to make an occupation order, broadly, where a person is suffering or is likely to suffer harm or domestic violence.
Whistleblowing claims: an overview
Whistleblowing is the common term for what, in technical legal terms, employment lawyers would define as a worker being subjected to a “detriment” because they have made a “protected disclosure.” Under section 43A of the Employment Rights Act 1996, such claims broadly comprise four elements:
Race discrimination: what is it?
The Equality Act 2010 (“the EA 2010”) protects employees against discrimination, harassment, and victimisation based on a “protected characteristic”. One protected characteristic is race. This short article provides an overview of the key concepts in race discrimination claims.
Financial Remedy after Overseas Divorce: Establishing Jurisdiction & Obtaining Leave
Where two people have separated and obtained a divorce in an overseas country, they cannot apply immediately for a financial remedy in England and Wales. Instead, they must first seek the leave of the Court under Part III of the Matrimonial and Family Proceedings Act 1984 (“the 1984 Act”). Such applications entail a two-part procedure, as set out below.
Financial Remedy Proceedings: First Hearing, FDR & Final Hearing Explained
Where a person’s marriage or civil partnership has broken down, they may apply to the Family Court for a Financial Remedy. Once…
What happens in a Family Court fact-finding hearing?
A fact-finding hearing is a tool which the Family Court uses to make findings in relation to any disputed allegation of domestic abuse…
Can you appeal against a decision of the Family Court?
Family lawyers are often asked: “can you appeal against a decision of the Family Court?” The short answer is: “Yes, you can”.
Sex discrimination: what is it?
Introduction
The Equality Act 2010 (“the EA 2010”) protects employees against discrimination, harassment, and victimisation based on a “protected characteristic”. One protected characteristic is sex. This short article provides an overview of the key concepts in sex discrimination claims.
Employer Penalties for Illegal Working
The Immigration, Asylum and Nationality Act 2006 (“IAN 2006”) imposes tough sanctions on employers found to be employing persons…
Engaging in grievance procedures does not reverse constructive dismissal
The case of Gordon v J & D Pierce (Contracts) Ltd UKEATS/0010/20/SS concerns the question of whether a constructively dismissed “employee”…
Unfair Dismissal: No procedure can be reasonable
In Gallacher v Abellio Scotrail Ltd UKEATS/0027/19 the Employment Appeal Tribunal held that where, following a complete breakdown in an…
OG v AG: a reminder to negotiate reasonably in financial remedy proceedings
Family lawyers know that poor litigation conduct can result in the Family Court imposing some form of adverse costs sanction under…
Can an employer cure a constructive dismissal?
It is well-established that an implied term in any contract of employment is that the employer will not, “without reasonable or proper…
What is constructive dismissal?
It is a sad fact of life that employees often feel as though they have been treated so badly by their employer that they have no choice…
The value of an unfair dismissal claim: Evans v London Borough of Brent
In Dr Richard Evans v The London Borough of Brent: UKEAT/0290/19/RN, the Employment Appeal Tribunal held that the Employment Tribunal…
Child contact applications: a quick overview
An application for a Child Arrangements Order is where the Family Court is asked to make an order in respect of the contact and living…
Parents of British & “seven years” children: visas & contact orders
As immigration barristers we frequently help clients who seek leave to remain in the UK based on a parental relationship…
Immigration appeals: a quick overview
Prior to the changes made by the Immigration Act 2014, immigration applicants could appeal any “immigration decision”…
New Points-Based Immigration System – An Overview
New UK points-based immigration system: 31 December 2020 marked the end of free movement between the UK and the European Union…
Meaning of “Foreign Criminal” in Deportation & Hospital Orders
In MZ (Hospital order: whether a ‘foreign criminal’) Pakistan [2020] UKUT 00225(IAC), the Upper Tribunal (Immigration and…
EEA national children: qualifying status?
In MM (section 117B(6) – EU citizen child) Iran [2020] UKUT 00224 (IAC), the Upper Tribunal (Immigration…
How to approach an immigration appeal – part 1
Before commencing work as an Immigration Barrister, I worked for the Home Office as a Presenting…
Meaning of Dependency for Extended Family Members under the 2006 EEA Regulations
In Chowdhury (Extended family members: dependency) [2020] UKUT 00188 (IAC), the Upper Tribunal (Immigration and…
Disclosure of Home Office interviewers’ notes
In Nimo (appeals: duty of disclosure) [2020] UKUT 88 (IAC), the Upper Tribunal (Immigration and Asylum…
Meaning of a partner in deportation proceedings
In Buci (Part 5A: “partner”) [2020] UKUT 00087 (IAC), the Upper Tribunal (Immigration and Asylum Chamber) provided…
The Home Office’s duty of disclosure in Tribunal appeals
In BH (policies/information: SoS’s duties) Iraq [2020] UKUT 00189 (IAC), the Upper Tribunal…
Sponsoring Adult Dependent Relatives
Our Immigration Barristers are often approached by clients wanting to make a UK visa…
Home Office Interviews: A Right to Audio Recording?
Immigration interviews happen in several different contexts. Interviews may be necessary…
Spouse Visas for Overstayers
If you are a foreign national married to a spouse who is either British or has Indefinite…
Immigration Judicial Review Procedure Overview
Judicial review is a legal challenge against a decision of a public body. It can be used…
EEA nationals & deportation
Deportation is a specific mechanism used by the Home Office when an EEA (i.e. EU) national has…
EEA Deportation: 10 years’ residence & imprisonment
Regulation 27 of the Immigration (EEA) Regulations 2016 prescribes criteria in relation to the removal of EEA…
Can a Court or Tribunal award Indefinite Leave to Remain?
Can the Upper Tribunal or a Court award Indefinite Leave to Remain (‘ILR’) where the Home Office…
The spouse visa financial requirement
Non-EEA foreign nationals who want to join their British spouse (or a spouse with Indefinite Leave to…
Indefinite Leave to Remain
Paragraph 276B of the Immigration Rules provides that an applicant is entitled to Indefinite Leave to Remain (‘ILR’) in the UK…
The “Seven Years Child” Rule
Immigration Lawyers are often asked: can a parent get leave to remain in the UK if their child has lived in the UK for seven years or more?
What’s the difference between an immigration barrister and an immigration solicitor?
Traditionally, a solicitor was responsible for giving general advice and for case preparation…