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Housing Law Bulletin: long leases and short-term lets

In this Bulletin, Michael Grant discusses a recent County Court judgment of His Honour Judge Luba, QC, concerning prohibitions in long residential leases and the well-known short-let website ‘AirBnB’.


Published: 12th Nov 2018

Public Children Law Conference

Tina Cook QC will be speaking at the Public Children Law Conference on Tuesday 2nd October 2018 at The Caledonian Club. Tina Cook QC will be speaking on Fact finding hearings.


Published: 26th Sep 2018

Employment Newsletter

Welcome to the latest roundup from our barristers at 42 Bedford Row Employment Practice, with the latest news and unique insights from our team.


Published: 23rd Aug 2018

A Warm Welcome to Rachel Chan

Chambers are delighted to announce that Rachel Chan has joined the Family Group at 42 Bedford Row today from Stour Chambers


Published: 25th Jul 2018

Housing Law Bulletin: Banning Orders and the Housing and Planning Act 2016

In this Bulletin, Christi Scarborough discusses banning orders: what are they? When would one be used? What are their consequences? Banning Orders – what are they and how do they work? Christi Scarborough looks at new powers available to Local Authorities from 6 April 2018, and the circumstances under which private landlords or letting and


Published: 1st May 2018

Bloomsbury Family Law Conference

Sharan Bhachu and Sian Gough are joining a panel discussion on children law at the Bloomsbury Professional Family Law Conference on the 16th May, at Gray’s Inn.


Published: 18th Apr 2018

Desmond Kilcoyne instructed in Paul Alibert David -v- Audra Catherine Wamsteker

Desmond Kilcoyne has been acting on behalf of the Defendant, Audra Wamsteker, in a six-day trial brought against her by her father, Paul David. Judgment has been reserved. The dispute concerns the ownership of two domestic properties, the proceeds of sale of four American properties and her late mother’s jewellery collection. The legal issues include


Published: 17th Apr 2018

Housing Law Bulletin: errors of law, burden and homelessness appeals

In this bulletin Elizabeth England discusses a recent Court of Appeal case that reminds us who has the burden of proving an error of law in homelessness appeals under Part VII Housing Act 1996 Avoiding exegetical sophistication: Rother District Council v Stephen Freeman-Roach [2018] EWCA Civ 368 The Court of Appeal has handed down guidance


Published: 16th Apr 2018

Housing Law Bulletin: the Homelessness Reduction Act 2017

On 3 April 2018, the Homelessness Reduction Act 2017 commenced, imposing a number of new duties on housing authorities to provide early intervention, in order to prevent homelessness. The Act makes significant amendments and additions to the Housing Act 1996


Published: 9th Apr 2018

Housing Law Bulletin: Article 14 ECHR and Succeeding to a Secure Tenancy

Is it fair to treat the children of secure tenants differently for the purpose of succession depending upon how their deceased parent became the tenant? This, in essence, is the question at the heart of the long-running case of London Borough of Haringey v. Simawi. The question will be answered at trial in October 2018


Published: 28th Feb 2018

Gemma Taylor QC

Congratulations to Gemma Taylor QC who is pictured here receiving her Letters Patent.


Published: 26th Feb 2018

Gemma Taylor

Congratulations to Gemma Taylor who is pictured here with her family and colleagues from 42 Bedford Row as she leaves Chambers to travel to Westminster where she will be appointed Queen’s Counsel by the Lord Chancellor in today’s ceremony.


Published: 26th Feb 2018

Employment Newsletter

Welcome to the latest roundup from our barristers at 42 Bedford Row Employment Practice, with the latest news and unique insights from our team.


Published: 29th Jan 2018

Stefan Liberadzki represents Employment Tribunal claimant who successfully establishes “employee” status for claim under the Equality Act

In EP v The Gym Ltd, the Claimant (referred to here as ‘EP’) was engaged by a nationwide chain of low-cost 24-hour gyms as a “freelance personal trainer”. His claim for disability discrimination arises from the Respondent’s termination of his contract on the grounds of absence from work, which he says was caused by a medical condition amounting to a disability.


Published: 4th Jan 2018

Gemma Taylor

42 Bedford Row is delighted to announce that Gemma Taylor has been appointed Queen’s Counsel in the 2017 competition.


Published: 20th Dec 2017

Jeremy Rosenblatt – Family Law update

Jermey Rosenblatt has contributed to the December edition of the International Bar Association Legal Practice Division. Topics include: Poland: a Supreme Court and Gay lawyers.


Published: 20th Dec 2017

Bianca Durrant v Chief Constable of Avon & Somerset Constabulary (No. 2) [2017] EWCA Civ 1808

Tim Adkin successfully appealed to the Court of Appeal against the decision of the High Court arising from the failure of the trial judge to consider the operation of the two-stage burden of proof and also the quantum of damages in a claim of race discrimination against a police force. The Court considered the Presidential Guidance on injury to feelings.


Published: 20th Nov 2017

Housing Law Bulletin: When is settled accommodation actually settled?

Niamh O’Brien discusses the recent Court of Appeal decision on ‘settled accommodation’ and asks: when is accommodation ‘settled’? Doka v London Borough of Southwark [2017] EWCA Civ 1523 Introduction The ‘full housing duty’ owed by local authorities to house homeless applicants does not apply to those who have become intentionally homeless. In order to be


Published: 7th Nov 2017

Housing Law Bulletin: Letting agents & Administration Fees – London Borough of Camden v. Foxtons Ltd

Matthew Feldman discusses the recent Upper Tribunal decision dealing with the thorny issue of letting agents’ administration fees. In this case, the Upper Tribunal (Administrative Appeals Chamber) found that Foxtons Limited (‘Foxtons’) were in breach of the requirements of the Consumer Rights Act 2015 (‘the Act’) in connection with published details of its relevant fees in three branches and on its website, and imposed a penalty of £4,500 in respect of each breach, amounting to £18,000.


Published: 30th Oct 2017

Employment Newsletter

Welcome to the latest roundup from our barristers at 42 Bedford Row Employment Practice, with the latest news and unique insights from our team.


Published: 25th Oct 2017

Panayiotou v Waltham Forest, Smith v LB Haringey [2017] EWCA Civ 1624

Panayiotou v Waltham Forest, Smith v LB Haringey [2017] EWCA Civ 1624 The demise of significance The Court of Appeal have considered the conjoined appeals of two homeless applicants who claimed that the Respondent housing authorities had applied a wrong legal test when considering whether or not they were ‘vulnerable’ within the meaning of s.189(1)(c) of the Housing Act 1996.


Published: 23rd Oct 2017

2017 Annual Employment Lecture: The Common Law Constitution At Work

42 Bedford Row invite you to their 2017 Annual Lecture on Thursday 28th September 2017 at 18.00pm: Followed by a drinks reception where you will get the opportunity to meet the speakers and members from our employment team. 42 Bedford Row are delighted to announce that Professor Alan Bogg will deliver our 2017 Annual Lecture.


Published: 11th Sep 2017

Housing Law Bulletin: Part VII Housing Act 1996 and ‘settled accommodation’

Mathew McDermott discusses how relevant, if at all, the questions of hindsight and one’s own understanding of one’s security of tenure are when looking at whether or not accommodation is ‘settled’. To what extent is a tenant’s mistaken but honestly-held understanding of their security of tenure relevant when asking if accommodation is ‘settled’ for the


Published: 4th Sep 2017

Employment Newsletter

Welcome to the latest roundup from our barristers at 42 Bedford Row Employment Practice, with the latest news and unique insights from our team. ET fees. What now? Yesterday employment practitioners up and down the land celebrated Unison’s victory in the Supreme Court but now as the news sinks the judgment raises many questions.1.


Published: 21st Aug 2017

Tiffin v Chief Constable of Surrey

Reading ET handed down Judgment yesterday in the much publicised case of Tiffin v Chief Constable of Surrey dismissing all claims. Ben Uduje acted for the Chief Constable. Overweight policewoman quits the force ‘after being pressured to pass a bleep test’


Published: 26th Jul 2017

Priority need and the meaning of ‘dependent children’

19 and 21-year old son and daughter of a homeless applicant are not ‘dependent children’ for the purposes of assessing ‘priority need’ Introduction Stefan Liberadzki recently appeared for a local authority in a homelessness appeal under s.204 of the Housing Act 1996. Here he discusses the Court’s decision that the appellant’s children could not count


Published: 5th Jul 2017

Employment Newsletter

Welcome to the latest roundup from our barristers at 42 Bedford Row Employment Practice, with the latest news and unique insights from our team over the last month or so. An employee is thinking of quitting? Whoever is involved write it all down! I link a good article here in the Independent, as to the


Published: 3rd Jul 2017

Third-six pupillage vacancies

42 Bedford Row invites applications for two third six pupillages commencing in September/October 2017. A third-six pupil can expect to undertake work in all of Chambers’ core areas You must be able to demonstrate relevant experience, an understanding of the marketplace and have a clear strategy for growing and developing both your practice and your


Published: 27th Jun 2017

Chambers are delighted to announce that Jessica Atkinson, formerly of 1 Gray’s Inn Square has joined our Family Team

Jessica is a specialist family practitioner. Her particular expertise is in public law children cases involving chronic neglect, domestic abuse, substance misuse and non-accidental injury, representing parents, children’s guardians and other family members. Jessica acts for parents and grandparents in a wide range of family law and private law children applications, dealing with cases involving


Published: 19th Jun 2017

Mental Health Issues in Housing Litigation

Mental Health Issues in Housing Litigation During April and May 2017, we ran a 2-part workshop in Chambers exploring the law and procedure on dealing with mental health issues in housing cases. This Bulletin is intended as a follow-up note for those of you who attended, and as a general practice note for those of


Published: 30th May 2017

The London Legal Walk

42 Bedford Row are pleased to announce that today we are walking with the Lord Chief Justice and thousands of lawyers to raise funds for the London Legal Support Trust, the Free Representation Unit and the Bar Pro Bono Unit. Our walkers so far are: Tina Cook QC, Nicholas Bidnell-Edwards, Andrew Pote, Aysha Ahmad, Sian


Published: 22nd May 2017

Chambers are delighted to welcome Heather Lockwood

Heather has recently joined chambers following over 7 years’ litigation experience in 2 well-known solicitors’ firms in central London specialising in insurance. She was instructed in almost every conceivable type of claim that might be expected in a defendant insurance practice, such as personal injury, clinical negligence, property damage, construction, Inquests, and discrimination. She also


Published: 15th May 2017

Nicholas Bidnell-Edwards proved that an NHS Bank Healthcare Assistant working on a zero hours’ contract had been an employee though she had no obligation to accept work offered to her

Nicholas succeeded in proving that a Bank Healthcare Assistant was an employee within the meaning of Section 230 of the Employment Rights Act 1996 even though the Tribunal Judge found that: i) the Healthcare Assistant was under no obligation to accept any offer of work, and was not guaranteed a minimum amount of work; ii)


Published: 10th Apr 2017

Double-edged sword: Can you have two possession orders at once?

Double-edged sword: Can you have two possession orders at once? In a recent case an interesting point arose around whether or not it was possible for a landlord under an AST to have two possession orders in respect of the same property at the same time. Facts The facts of the case were fairly typical.


Published: 13th Mar 2017

Chambers is proud to announce that 3 February 2017 saw the second annual 42 Bedford Row Disability Law Essay Prize take place at the University of Oxford

This year’s question concerned employment law and challenged students to think about how the law should be framed so as to ensure that persons with disabilities receive equal remuneration for work of equal value. Students and attendees were given the opportunity to question a panel consisting of Lord Justice Bean, Professor Alan Bogg of Oxford


Published: 23rd Feb 2017

Mathew McDermott successfully represented the Defendant in R (on the application of Osman) v. LB of Harrow [2017] EWHC 274 (Admin)

Article 14 European Convention on Human Rights and treating private sector tenants differently from secure tenants for the purposes of a local authority’s Part VI housing allocation scheme R (on the application of Osman) v. LB of Harrow [2017] EWHC 274 (Admin) 42 Bedford Row’s Mathew McDermott successfully represented the Defendant in this challenge brought


Published: 22nd Feb 2017

Warrants for Possession ll

Warrants for Possession II Cardiff City Council v Lee (Flowers) [2016] EWCA Civ 1034 Following the decision in Cardiff City v Lee (Flowers) the Civil Procedure Rules Committee has been considering Form N325 (Request for warrant of possession of land). Pending a final decision from the Committee, HMCTS has introduced two new forms which must


Published: 13th Feb 2017

Housing Bulletin No 19 – New evidence, settled section 204 appeals and cost

Welcome to this, the 19th bulletin from the Housing Team. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to housing@42br.com New evidence, settled section 204 appeals and costs LB Croydon v. Lopes [2017] EWHC 33 (QB) It is well known that usually


Published: 1st Feb 2017

Heading AD & AM (Fact-Finding: Re-Hearing) [2016] EWHC 2912 (Fam)

Tina Cook QC, Damian Woodward-Carlton and Fareha Choudhury appeared in this re-hearing of a fact finding. A mother found to have inflicted near-fatal injuries to the spine and skull of her infant son, successfully applied to re-hear the findings of fact. Newly-obtained medical evidence of the child’s spinal osteopenia led the Court to replace its


Published: 12th Jan 2017

Housing Bulletin No 18 – Forfeiture for non-payment of service charges

Welcome to this, the 18th bulletin from the Housing Team. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to housing@42br.com Forfeiture for non-payment of service charges Last month, we ran a workshop in Chambers exploring the law and procedure of forfeiting a


Published: 9th Jan 2017

Housing Bulletin No 17 – Anti-social behaviour injunctions

Welcome to this, the 17th bulletin from the Housing Team. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to housing@42br.com Anti-social behaviour injunctions: can the Court rely on historic bad behaviour? Birmingham City Council v Glenn Parode [2016] EWHC 3119 (QB) In


Published: 14th Dec 2016

Housing Bulletin No 16 – Warrants for Possession

Welcome to this, the sixteenth bulletin from the Housing Team. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to housing@42br.com Warrants for Possession Cardiff City Council v Lee (Flowers) [2016] EWCA Civ 1034 The Senior Master has today issued her practice note


Published: 22nd Nov 2016

Chicks Cup Winner

42BR beat-off strong competition from financial institutions and lawyers to claim second prize in the latest charity quiz for our chosen charity, Chicks. Chicks provide free respites breaks for disadvantaged children at their centres in Cornwall, Devon and Derbyshire. The quiz was hosted by Incisive Media in Haymarket, London, and Lawrence Gosling, editor of Investment Week, acted as quiz master. We raised over £1,600 which will be used to help fund week long breaks for kids.


Published: 26th Sep 2016

Archer v Titchener: Did Judge Loomis get it right?

After the almost unbearable tension of the criminal hearing to determine whether or not Helen would be found guilty of stabbing Rob, last week saw the family court hearing to determine the living and contact arrangements for Henry and Jack. Four members of the chambers’ family team, who are all addicted to the Archers, have


Published: 19th Sep 2016

Housing Bulletin No 15 – Some Top Tips for Tenancy Fraud Cases

Welcome to this, the fifteenth bulletin from the Housing Team. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to housing@42br.com Some Top Tips for Tenancy Fraud Cases Six years ago, the National Fraud Authority launched its Social Housing Tenancy Fraud Project that


Published: 5th Sep 2016

Chambers is delighted to announce that Monica Ford and Edward Lloyd-Jones, both formerly of Fourteen, have joined our family team.

Monica is a specialist family practitioner with extensive experience in public law children cases and regularly instructed in public law care proceedings involving non-accidental injury, infant death, fabricated illness, physical, sexual and emotional abuse, Special Guardianship and adoption. Edward was called to the bar in 2012 having previously had a successful career as a solicitor. He


Published: 8th Aug 2016

Jude Shepherd delivers a webinar in partnership with Masterclass Training

Jude Shepherd delivers a webinar in partnership with Masterclass Training, looking at the causes of the gender pay gap and the steps being taken to close the gap by introducing mandatory gender pay gap reporting. The new Regulations have a target introduction date of 1 October 2016. Listen to the recording of the webinar to


Published: 25th Jul 2016

Chambers is delighted to welcome Emma Romer from East Sussex County Council

Emma has very wide experience in all areas of children law and practice including care proceedings (including cases with an international element involving Brussels IIR and the Hague Convention), emergency remedies and adoption law and process (she was legal adviser to the agency decision-maker) including adoptions with a foreign element.


Published: 19th Jul 2016

Extreme times, a radical approach – Event

On June 15th 42 Bedford Row together with www.itsalawyerslife.com hosted an exclusive film screening of ‘Jihad’ and panel discussion on the complex and topical subject of radicalisation and the law. It proved a fascinating evening with one guest describing it as ‘mind changing.’ The judiciary, legal profession and media were all well represented and there


Published: 20th Jun 2016

Housing Bulletin No 13 – Human Rights and the Private Sector

Welcome to this, the thirteenth bulletin from the Housing Team. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to housing@42br.com This bulletin discusses the judgment in the case of McDonald (by her litigation friend Duncan J McDonald) v McDonald & others [2016] UKSC 28.


Published: 20th Jun 2016

Stephen Murch has been elected as a Bencher of Lincoln’s Inn

42 Bedford Row are delighted to announce that Stephen Murch has been elected as a Bencher of Lincoln’s Inn. This follows his recent appointment as the Inn’s Governor of the College of Advocacy. The College is the body of the Inns of Court which is replacing the Advocacy Training Council in co-ordinating the training of


Published: 6th Jun 2016

Parents with learning disabilities in care proceedings seminar 10th March 2016

Seminar on parents with learning disabilities given on 10th March. Gemma Taylor (barrister 42 Bedford Row) outlined the duties of Local Authorities to parents with learning disabilities and the recent case law. Rachel Butt (Senior Advocate, Impetus) explained how parents actually experience court proceedings and what steps could be taken to improve outcomes. Please find


Published: 14th Mar 2016

Recovery of Legal Costs as a Service Charge – What Has Changed Since Arnold v Britton?

The Supreme Court in Arnold v Britton [2015] A.C. 1619 has ruled that there are no special rules of interpretation which apply to service charge clauses. The old “restrictive” approach to the interpretation of service charge clauses has been criticised. The recovery of a landlord’s legal costs as a service charge remains a troublesome area, where the impact of Arnold v Britton is still being worked out.


Published: 23rd Feb 2016

The 42 Bedford Row Disability Law Essay Prize 2016

Chambers has established the 42 Bedford Row Disability Law Essay Prize in partnership with the University of Oxford. It is the first ever academic writing award to be established at the Oxford Faculty of Law which focuses on legal issues affecting persons with a disability. Chambers hopes that this award will continue on an annual basis.


Published: 17th Feb 2016

Housing Law Bulletin No 12 – updating service of 2015 on all issues relating to housing law

Welcome to this, our twelfth updating service of 2015 on all issues relating to housing law — whether social or private, landlord or tenant. Here, Niamh O’Brien offers a case law update : Mansing Moorjani v Durban Estates Limited [2015] EWCA Civ 1252 An unusual set of facts permits the Court of Appeal to review the legal basis for damages to be awarded for disrepair to premises let on a long lease.


Published: 22nd Dec 2015

Siân Gough acted for the younger children in the case of Hampshire County Council v A, B, C, D & E [2015] EWFC B186

The 22 day final hearing took place over a period of 19 months. The local authority were found to have extensively breached the family's human rights by the unlawful removal of the children from the parents' care, failure to fairly involve the parents in the decision-making process, the deliberate failure to disclose material evidence, failure to promote family life and the failure to undertake a fair assessment.


Published: 2nd Dec 2015

Our first live event!

When it comes to fashion, let’s face it, most lawyers are the human equivalent of a beige turtleneck. Not the ones Lawyers Life, hang out with though. Lawyers Life held its first live event and it was fantastic.


Published: 10th Nov 2015

Keri Tayler joins from Hampshire CC

Keri has joined Chambers from Hampshire County Council, where she spent 13 years advising on all aspects of Local Government law, specialising in the fields of education, child and adult social care.


Published: 10th Sep 2015

Paedophile Ring successful convictions

A Paedophile case in which Tina Cook QC appeared both in the Court of Appeal and later in the High Court on a jurisdiction matter has culminated in successful prosecutions of the Mother in the Norwich Crown Court.


Published: 29th Jul 2015

Suhail vs. Barking NHS TRUST and PELC

Our member Nick Singer was recently involved in an interesting and important EAT case, Suhail vs. Barking NHS TRUST and PELC (UKEAT/0536/13/RN reported on Lawtel).


Published: 7th Jul 2015

Housing Law Bulletin No 5

Topic: “How should the courts assess whether a homeless applicant is vulnerable and in priority need of housing, with reference to the Housing Act 1996 s.189 (1)(c)?”


Published: 2nd Jul 2015

Housing Law Bulletin No 4

Topic: Changes to the tenancy deposit protection rules. On 26 March 2015, sections 30 to 32 of the Deregulation Act 2015 came in to force. What are the implications of this for landlords in relation to tenancy deposit schemes?


Published: 2nd Jul 2015

Mary Lazarus appointed Circuit Judge

Chambers is delighted to announce that Mary Lazarus is to be appointed one of Her Majesty’s Circuit Judges on 15th April 2015.


Published: 14th Apr 2015

Jane Hayford Joins Chambers

Chambers welcomes Jane Hayford from New Court Chambers. Jane, who was Called in 1997, joins our Family Team.


Published: 14th Apr 2015

Housing Law Bulletin No 3

Welcome to this, the third bulletin from the Housing Team. Topic: Commencement of Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014 – the Civil Injunction We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to housing@42br.com. Commencement of Part 1 of the


Published: 13th Apr 2015

Housing Law Bulletin No 2

Welcome to this, the second bulletin from the Housing Team. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to housing@42br.com. Topic: Akerman- Livingstone v Aster Communities Ltd “Can the court summarily dispose of a defence to possession based on an allegation of unlawful


Published: 31st Mar 2015

Housing Law Bulletin No 1

Welcome to this, the first bulletin of what will be a regular updating service on all issues relating to housing law — whether social or private, landlord or tenant. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to housing@42br.com “Can a


Published: 4th Mar 2015

Ranked in Chambers UK Bar 2015: Leading Set

42 Bedford Row has a national reputation and is a full-service chambers dealing with all aspects of family law. It has great strength in both public and private children law cases, and has developed very strong relationships with local authorities, particularly in the South of England. It also acts for guardians and parents. Client service: “The clerk’s team


Published: 22nd Jan 2015

Damages for unlawful eviction by a local authority

On 21st October, 2014, Desmond Kilcoyne appeared in the Supreme Court on behalf of the London Borough of Lambeth in a case where the Borough, in their capacity as a landlord, unlawfully evicted a secure tenant, Mr Loveridge. The judgment is awaited. The appeal concerns the approach which must be taken to the calculation of


Published: 30th Oct 2014

Unison (no 2) v Lord Chancellor and EHRC

This week Susan Chan of 42BR has appeared for the Lord Chancellor in the second judicial review challenge to the employment tribunal fees system brought by the union Unison. A year ago Susan successfully defended the tribunal fees scheme against Unison’s first challenge, which was backed by the Equality and Human Rights Commission (EHRC).


Published: 23rd Oct 2014

Family Law Awards

Chambers is delighted to announce that Zimran Samuel has been awarded Family Junior Barrister of the Year by Jordan Publishing. Congratulations are also extended to Frank Feehan QC who was a short-listed nominee in the category of Family Silk of the Year both by Jordan Publishing and Chambers and Partners.


Published: 21st Oct 2014

Family Law Awards 2014 shortlist announced

Chambers is delighted to announce that Frank Feehan QC has been shortlisted for Family Law QC of the Year 2014 and Zimran Samuel has been shortlisted for Family Law Junior Barrister of the Year 2014.


Published: 28th Jul 2014

M-F (Children) [2014] EWCA Civ 991 (15 July 2014)

4 members of 42 Bedford Row appear in a significant Court of Appeal case in which the President gives an unequivocal message: in a case not completed at 67 - 26 weeks is not a straight-jacket.


Published: 18th Jul 2014

Nwoko v Oyo State, Nigeria

Where a defendant had filed an acknowledgement of service but had not disputed the court's jurisdiction within 14 days after filing it, as required by CPR r.11(4), he was not entitled to extra time to serve notice to dispute jurisdiction even though the claimant's claim form had been served on the defendant outside the jurisdiction after the six-month period required for service. Philip Newman represented the applicant.


Published: 10th Jul 2014

Re P (Children- Relocation) EWCA 2014 (6th June 2014)

The Court of Appeal has allowed the appeal of a Mother seeking to relocate with her two children to Germany. The Mother's application had been dismissed by the lower court after it found that the Mother was motivated to stop contact.


Published: 18th Jun 2014

Deaf parents – Court of Appeal Guidelines

Frank Feehan QC and Francesca Conn successfully appealed against full care order and placement orders on behalf of a profoundly deaf parent. The Court of Appeal judgment provides guidelines for cases involving a deaf parent.


Published: 22nd Apr 2014

Tina Cook QC on the films of Rehna Azim – Counsel magazine

Tina Cook QC gives her views on Rehna Azim's work and the need for more discussion and transparency in the family justice system. “Never Had You” was one of several films by Rehna Azim screened on 17 October 2014 at the Courthouse hotel.


Published: 28th Mar 2014

International Child Law

In a series of five informative papers Jeremy Rosenblatt, barrister and international law and Child abduction specialist, sets out :- (i) An overview of International Child Abduction, (ii) Seeking Declarations in International Law, (iii) Dealing with children's objections to a return home, (iv) Private International Law; Problems in England and Wales, (v) Understanding Article 15 and Brussels II Revised.


Published: 27th Mar 2014

Merger

42 Bedford Row and a substantial number of 13 King’s Bench Walk are delighted to announce that they will merge on 12th May 2014. The new set will be known as 42 Bedford Row and will operate from that address.


Published: 25th Mar 2014

Has defending possession proceedings using Article 8 ECHR just got easier?

Under Article 8 of the European Convention on Human Rights, everyone has the right to respect for his private and family life, and there shall be no interference with that right unless it is in accordance with the law and is necessary in a democratic society. In the context of possession proceedings, the courts have interpreted this as offering a defence to a possession claim if to allow it would be disproportionate in all the circumstances.


Published: 18th Mar 2014

MUST-READ TOPICAL RRO ARTICLE

Mary Lazarus' highly topical three-part article on "Reporting Restrictions and the New Transparency", published this week by Family Law Week, is essential reading on this controversial subject.


Published: 10th Mar 2014

UK is failing to meet international obligations on FGM

The UK is in breach of its international legal obligations on FGM. Following submissions to Parliament’s Home Affairs Committee, Zimran Samuel writes on Female Genital Mutilation in The Times newspaper.


Published: 10th Mar 2014

The Work of the Forced Marriage Unit (FMU)

Lord Justice Ryder, Denise Carter OBE and members of the government’s Forced Marriage Unit spoke at the inaugural event of the Human Rights Working Group. The event was hosted by chambers on 4th February 2014.


Published: 14th Feb 2014

COURT OF APPEAL: COMPLY OR BE STRUCK OUT!

Scott Matthewson represented a successful Respondent in the Court of Appeal. The Appellant’s case was struck out at the final appeal hearing by Hallett LJ, Sullivan LJ and Arnold J because the Appellant failed to comply with an unless order to file her appeal bundle by a certain date. Click below link for the case report


Published: 13th Dec 2013

Alcohol testing in Children Act cases

Julie Stather analyses the various methods of alcohol testing now available in Children Act proceedings, including the latest developments in transdermal alcohol continuous testing. Read the complete article here: Alcohol Testing – What are the options?


Published: 21st Nov 2013

42 Bedford Row launches Human Rights Working Group

Children within care proceedings and those with mental health difficulties represent some of the most vulnerable groups in society. The Family Law Team at 42 Bedford Row is dedicated to principles of fairness and equality underpinning the Human Rights Act 1998. Members of the Family Team are able to provide specialist advice and representation in


Published: 16th Nov 2013

Child Rights Manual for Unicef

The Bar Human Rights Committee has been nominated for the Bar Pro Bono Unit Award for writing the Child Rights Manual for Unicef Nigeria. Zimran Samuel formed part of the legal team who wrote and edited the forthcoming publication on behalf of Unicef.


Published: 24th Oct 2013

Unicef Nigeria

The Bar Human Rights Committee has been nominated for the Bar Pro Bono Unit award for writing the Child Rights Manual for Unicef Nigeria. Zimran Samuel of 42 Bedford Row formed part of the legal team who wrote and edited the forthcoming publication.


Published: 24th Oct 2013

Family private international law – problems in England and Wales

April 2013 saw the UK government remove public funding through the recently renamed Legal Aid Authority from private law work and representation unless domestic violence of a serious nature is revealed. For years as part of the legal culture and representation of parties before the courts of England and Wales many Mother or Fathers were


Published: 13th Sep 2013

Five new members join Chambers

The summer has so far proved to be a busy time recruitment-wise at 42 Bedford Row. We are delighted to welcome the following to our expanding set:


Published: 14th Aug 2013

Exceptional press protection for defendant mother & family

Mary Lazarus successfully obtained a highly exceptional order for an Applicant Father whose ex-wife was in the throes of a massive benefit fraud trial, based on her fraudulent claims that her children were disabled. Her trial involved extensive exposure of five of her eight children’s private lives, and her defence involved detailed trawls through their medical


Published: 30th May 2013

Shocking ‘virgin birth’ case & key development in press restriction case law

GROSS EXPLOITATION – In three recently released judgments in the case of A Council v M & Others, Mary Lazarus appeared for the local authority in a series of hearings last year involving the most shocking exploitation of an adopted child. Child A, represented by Tina Cook QC and Anthony Jerman, was persuaded by her


Published: 16th May 2013

Damages for unlawful eviction by a local authority

The London Borough of Lambeth v Loveridge [2013] EWCA Civ 494 (10 May 2013) This was a successful appeal by the local authority landlord against a county court award of statutory damages (under section 28 of the Housing Act 1988) in the sum of £90,500 to a secure tenant for unlawful eviction from his flat.


Published: 15th May 2013

42BR Walk the Walk

2013 London Legal Walk – 20 May 2013 The 9th London Legal Walk is a 10km “after work” walk that raises funds for legal advice charities in London and the South East. Led by the Lord Chief Justice and an array of legal luminaries, 6,000 walkers raised £540,000 last year. The team from 42 Bedford


Published: 3rd May 2013

Court of Protection Work Recognised in The Times

In a lengthy article in The Times (4th April 2013) the work of both The Official Solicitor and The Court of Protection came under focus. Six recent and significant cases were highlighted concerning this increasingly important area of law. Of the six selected, members of 42 Bedford Row appeared in the first four.


Published: 10th Apr 2013

Supreme Court Care Case

In the matter of B (a Child) (FC) UKSC 2013 / 0022 Three members of Chambers, Frank Feehan QC, Anna McKenna and Sheila Phil-Ebosie appeared in a care proceedings matter in the Supreme Court on 25th and 26th February 2013 as appellants in a case for which Baroness Hale, Lord Wilson and Lord Carnworth considered


Published: 20th Mar 2013

Dispensing with the need to consult about service charges – at what cost?

The Supreme Court has changed the law about dispensing with the need for consultation for qualifying works or qualifying long term agreements where tenants of residential dwellings have to pay service charges: Daejan v Benson [2013] UKSC 14. The requirements for consultation in the 2003 Regulations (2003 SI 1987) are complex and lengthy. They vary according to


Published: 8th Mar 2013

A recent case on treating patients under a disability

A NHS TRUST v K (2012) EWHC 2922 (COP) This was an application by a NHS Trust for an order permitting doctors to perform major surgery, a hysterectomy, on a patient, Mrs K, who had refused to consent to the surgery but who lacked legal capacity to decide whether or not to consent to it.


Published: 25th Jan 2013

Frank Feehan QC and Gemma Taylor succeed in Supreme Court

Frank Feehan QC and Gemma Taylor of 42BR’s Family team have succeeded in the Supreme Court case of Re A (A Child). Judgment was handed down on the 12th December 2012. Their arguments on the nature of “unqualified” rights under the European Convention were accepted by the Supreme Court in deciding that the right of


Published: 14th Dec 2012

Haq -v- Audit Commission – Judgment

In a new equal pay decision Haq v Audit Commission the Court of Appeal upholds the Respondent’s “genuine material factor” defence based on a form of “pay protection ”. The policy entailed that on reorganisation, employees kept the higher pay level of their old jobs where the new and old jobs were in the same


Published: 7th Dec 2012

Are We Missing a Trick? Section 34 of the Children Act – An under-used application

Julie Stather, barrister, of 42 Bedford Row examines the advantages to child, parents and local authority of using section 34 of the Children Act Despite the obvious impact of an order allowing the local authority to refuse contact in the context of ongoing proceedings, or indeed the possible ramifications of applications made by the parents


Published: 2nd Dec 2012

Enhancing the Role of Grandparents in the Current Legal Landscape

Julie Stather, barrister, of 42 Bedford Row suggests some ways to benefit children by strengthening the position of grandparents Society is constantly evolving. Grandparents used to be very central figures in the lives of their grandchildren often living on the same street. Then as families became more mobile and the cities provided more possibility of


Published: 2nd Dec 2012

An end to “Squatters’ rights”?

On 1 September 2012, section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 came into force. Greeted by much excited commentary in parts of the media with claims that it ended “squatters’ rights”, the section creates a new offence of squatting in a residential building. The section provides that a person


Published: 14th Oct 2012

Invitation to our Charity Casino Evening

THE LONDON LEGAL WALK The members of 42 Bedford Row are delighted to invite you to join them to help raise more money for the London Legal Support Trust with a Charity Casino reception at The Punch Tavern 99 Fleet Street, London, EC4Y 1DE 6:00pm until late on Monday 21 May 2012 CHARITY CASINO EVENING


Published: 20th Sep 2012

Berrisford v Mexfield Housing Cooperative Limited [2011] UKSC 52

£350m cut to legal aid judged a 'false economy' and block to swift justice for most vulnerable "But it would actually be a false economy. Without legal advice more private family disputes would end up in court; without legal representation the hearings of them would take longer; and without assistant legal navigators the trial judges would more often be blown off course so there would be more appeals.


Published: 1st Sep 2012

Kernott v Jones [2011] UKSC 53

Latest Debate Over DUI Checkpoints Is Whether They Should Be Banned Altogether DUI checkpoints continue to generate a lot of debate and discussion. The latest skirmish involving DUI checkpoints comes from at least two states that are now reconsidering the legality and effectiveness of DUI checkpoints in the first place


Published: 19th Aug 2012