Proprietary Estoppel and the Matrimonial Home on the Death of a Spouse – Anaghara v Anaghara & Ors [2020] EWHC 3091 – Pump Court Chambers

Posted November 24th, 2020 in bereavement, domicile, estoppel, married persons, matrimonial home, news by sally

‘It is rare that a spouse needs to pursue a claim in proprietary estoppel to secure occupation of a matrimonial home owned by the other spouse on the latter’s death: the Inheritance (Provision for Family and Dependants) Act 1975 will usually provide a remedy. But where, as here, the deceased is not domiciled in England and Wales the 1975 Act does not apply and an interesting point arises. The trial judge had found that there had been repeated representations to the effect that the wife might live in the property for so long as she wished made over a period of more than 20 years. The wife had reasonably relied upon those representations (understandably so one might think). However, the estate argued that the wife’s long “rent-free” occupation of the property owned by her husband counted as a “countervailing benefit” which the court was obliged to weigh in the balance and might mitigate or extinguish her equity. Such a countervailing benefit has been taken into account in the case of a licensee who harvests a crop (Henry v Henry [2010] UKPC 3) of a live-in carer paying no rent (Jennings v Rice [2002] EWCA 159) and of a son-in-law paying no rent to his parents-in-law after the death of his wife (Sledmore v Dalby (1996) 72 P & CR 196). In the latter case the benefit was sufficient wholly to extinguish the equity.’

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Pump Court Chambers, 20th November 2020

Source: www.pumpcourtchambers.com

Overstaying Does Not Break Lawful Residence For 10 Years Long Residence ILR – Richmond Chambers

Posted November 19th, 2020 in domicile, immigration, interpretation, news, regulations by sally

‘This post provides an update on the current landscape of case law addressing the continuous lawful residence requirement for 10 year long residence ILR in light of the case of Hoque & Ors v Secretary of State for the Home Department [2020] EWCA Civ 1357. Specifically, the Court considered the construction of paragraph 276B(v) regarding disregarding of current and previous overstaying.’

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Richmond Chambers, 10th November 2020

Source: immigrationbarrister.co.uk

Family Law Newsletter – Spire Barristers

‘Issue #40 of Spire Barristers’ Family Law Newsletter: edited by Connie Purdy and Taz Irshad; news and Case Reviews by Francesca Massarella.’

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Spire Barristers, 21st October 2020

Source: spirebarristers.co.uk

County council in legal action against Health Secretary over ‘ordinary residence’ determination – Local Government Lawyer

‘Worcestershire County Council has started legal action against the Secretary of State for Health and Social Care, Matt Hancock, in a dispute over which council should care for someone under the Mental Health Act 1983.’

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Local Government Lawyer, 25th June 2020

Source: www.localgovernmentlawyer.co.uk

British citizenship after obtaining EU Settled Status – Richmond Chambers

Posted June 2nd, 2020 in citizenship, domicile, EC law, families, immigration, news, treaties by sally

‘EU Settled Status is a relatively new form of indefinite leave to remain (ILR) for which EEA nationals and family members have to apply by 30 June 2021. In this post we look at how to obtain British citizenship after obtaining EU Settled Status.’

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Richmond Chambers, 25th May 2020

Source: immigrationbarrister.co.uk

Gassa & Anor, R (on the application of) v Richmond Independent Appeals Service & Anor [2020] EWHC 957 (Admin) (22 April 2020) – 3PB

‘This case concerned an application for judicial review of a decision by the London Borough of Richmond upon Thames (“the Council”) not to treat the Claimants’ rented address in East Sheen as their permanent home for the purposes of a school admissions application for their son. This was because the Claimants also owned a property in Barnes.’

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3PB, 6th May 2020

Source: www.3pb.co.uk

Weinstein director “must comply” with disclosure order – Litigation Futures

‘A former member of the board of the Weinstein Company does have to comply with a disclosure order in a sexual harassment case despite not living in the UK, the Employment Appeal Tribunal has ruled.’

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Litigation Futures, 7th May 2020

Source: www.litigationfutures.com

Cross-Border cases and the inherent jurisdiction – Doughty Street Chambers

Posted January 21st, 2020 in Court of Protection, domicile, foreign jurisdictions, jurisdiction, news by sally

‘In Re QD, the children of a man is his sixties, living in Spain with his second wife, KD, had become concerned about the care that KD was providing. KD started proceedings in Spain but before these had concluded, QD’s children brought him to England and moved him to a care home.’

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Doughty Street Chambers, 17th January 2020

Source: insights.doughtystreet.co.uk

Jurisdiction after a no deal Brexit – Competition Bulletin

Posted January 23rd, 2019 in brexit, domicile, EC law, jurisdiction, news, treaties by sally

‘Time for some more speculation about the future which awaits us after 29 March. The topic this time is jurisdiction.’

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Competition Bulletin, 22nd January 2010

Source: competitionbulletin.com

Anchoring claims to a UK subsidiary – Competition Bulletin from Blackstone Chambers

‘The recent decision of the High Court in Vattenfall AB v Prysmian SpA [2018] EWHC 1694 (Ch) is another example of claimants being allowed to use non-addressee English subsidiaries as anchor defendants for their competition damages claims. It is also another example of the court considering but not actually having to decide the interesting legal points around attribution of liability which potentially arise in such cases.’

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Competition Bulletin from Blackstone Chambers, 7th September 2018

Source: competitionbulletin.com

‘Habitual Residence’ – sloppy explanations of the law about child abduction – Transparency Project

Posted August 10th, 2018 in child abduction, domicile, news by sally

‘Mistakes in news and media coverage of the topic often fall down around the explanations of ‘habitual residence’, a term which has a particular legal meaning (and which has seen many lawyers and judges in a tangle) – and which is of crucial importance to whether a child has technically been ‘abducted’ at all, and whether they should be sent back ‘home’.’

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Transparency Project, 9th August 2018

Source: www.transparencyproject.org.uk

Do I have to pay child maintenance if my child lives abroad? – Family Law

‘Parents have a duty to maintain their children irrespective of the amount of time they spend with them or what country they live in. However international payment can be difficult to enforce. Parents cannot enforce an arrangement made informally between them, it must be made legally binding first.’

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Family Law, 21st June 2018

Source: www.familylaw.co.uk

Domicile – what does it mean and why is it important if you are having a baby through surrogacy? – Family Law

Posted May 23rd, 2018 in domicile, news, parental responsibility, surrogacy by tracey

‘A parental order is the UK legal solution for surrogacy; it is a post-birth court order which makes the intended parents the legal parents of their child and permanently extinguishes the status of the surrogate and her spouse. Parents through surrogacy who want to be the legal parents of their child in the UK need one, wherever they live and whether their child is born in the UK or overseas.’

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Family Law, 22nd May 2018

Source: www.familylaw.co.uk

Shared care arrangements in relocation cases – Family Law

Posted April 12th, 2018 in care orders, children, domicile, families, news by sally

‘Family analysis: Richard Jones, barrister at 1 Garden Court Chambers, discusses the practical implications of the judgment in JAL v LSW [2017] EWHC 3699 (Fam), which concerns how the courts should approach relocation cases where care of the child has been shared.’

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Family Law, 12th April 2018

Source: www.familylaw.co.uk

EU: Brexit ‘no deal’ will hit copyright and database owners – OUT-LAW.com

Posted April 4th, 2018 in brexit, copyright, database right, domicile, EC law, news by sally

‘UK businesses will lose any database rights they enjoy across the EU at the point of Brexit as it stands, the European Commission has said.’

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OUT-LAW, 3rd April 2018

Source: www.out-law.com

A Ghost from the Past with Lessons for the Future? Grounds for a debtor’s petition under s 272(1) of the Insolvency Act 1986 – Hardwicke Chambers

Posted November 24th, 2017 in bankruptcy, debts, domicile, news by sally

‘On 20 October 2017 Registrar Derrett handed down judgment in the case of Thomas v Haederle (unreported), in which she gave reasons for dismissing a bankruptcy petition presented by the debtor (T) in the County Court at Norwich on 4 December 2014, pursuant to s 272 of the Insolvency Act 1986 (IA86), as it then was.’

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Hardwicke Chambers, 2nd November 2017

Source: www.hardwicke.co.uk

Brexit: what happens to international litigation? – OUP Blog

Posted July 24th, 2017 in agreements, brexit, courts, domicile, EC law, enforcement, jurisdiction, news by sally

‘At the present time, a large range of civil proceedings, especially in the commercial area, are governed by an EU measure, the Brussels I Regulation (Recast) of 2012. This applies whenever the defendant is domiciled in another EU country, whenever there is a choice-of-court agreement designating a court in the EU, and whenever an EU Member State has exclusive jurisdiction over a particular matter, for example title to land or registered intellectual-property rights. The Regulation also applies to the recognition and enforcement of judgments between different EU States.’

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OUP Blog, 24th July 2017

Source: blog.oup.com

Finance and Divorce Update April 2017 – Family Law Week

‘Sue Brookes, Senior Associate with Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during March 2017.’

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Family Law Week, 20th April 2017

Source: www.familylawweek.co.uk

Surrogacy Law /HFEA Update (February 2017) – Family Law Week

‘Andrew Powell, barrister of 4 Paper Buildings, considers recent surrogacy cases in this jurisdiction, developments in the European Court of Human Rights, calls for law reform and recent judgments concerning administrative errors by fertility clinics.’

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Family Law Week, 22nd February 2017

Source: www.familylawweek.co.uk

QS v RS – WLR Daily

Posted October 31st, 2016 in adoption, children, citizenship, domicile, foreign jurisdictions, news by sally

QS v RS [2016] EWHC 2470 (Fam)

‘The parents who were British citizens adopted a child in Nepal in 2008. Neither parent was habitually resident or domiciled in Nepal at the time of the adoption, both being domiciled in the United Kingdom. The family moved to Dubai and the child was granted British citizenship. Soon afterwards the marriage broke down leading to a troubled period of dispute between the parents. The father remained living in Dubai and the mother in due course resided in the United Kingdom. The child, aged 12, resided with the father in Dubai. The mother applied, inter alia, for the recognition of the child’s foreign adoption order at common law and for a declaration under section 57 of the Family Law Act 1986 that she was the adopted child of the parents for the purposes of section 67 of the Adoption and Children Act 2002. The issue arose whether, in the light of the common law rule that an English court was not entitled to recognise a foreign adoption order unless the adopting parents were domiciled (or habitually resident) in the relevant country at the time of the adoption, there were any circumstances in which that rule did not apply or might not be applied such that a foreign adoption would be recognised in England notwithstanding that at the time of the adoption the adopters were not domiciled in that country.’

WLR Daily, 10th October 2016

Source: www.iclr.co.uk