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Matthew Hodgson and Edward Davison highlight a Sch 1 claim where the court considered the approach to indebtedness and provision to allow for future career development A claim for maintenance which is earmarked for a parent’s career development falls on the wrong side of the line between a claim which is for the benefit of…

Liabilities: Minding your P v Q

David Wilkinson sets out the key principles to be applied in cases involving obligations owed by the parties and what may categorise a debt as hard or soft A hard obligation should appear on the judges’ computation table but where an obligation is in the category of a ‘soft’ obligation or loan, the judge may…

Law reform: Lessons to be learnt

Beth Duffy outlines the provisions of the pilot for private children proceedings and the potential for improvements to the current process The pilot places a focus upon the consideration of alternative dispute resolution methods and makes specific reference to mediation as an opportunity for families to work in a positive and constructive way to resolve…

Evidence: In all honesty

Holly Cook and Jacob Quested Khan consider protection from self-incrimination in private law children proceedings In all areas of law where the welfare and safety of a child is considered, the need to be honest with the court is an essential and key part of the long-established ‘working together’ principles. In F v M [2021],…

Maintenance pending suit: One size does not fit all

Heather Lucy analyses the lessons that can be learnt from a judgment in an ultra-high-net-worth case as to interim applications more generally The preparation of a separate budget for an interim application adds an additional element of costs and can cause concern that the applicant is effectively benchmarking their needs, which can then impact on…

Private children: Same difference?

Katherine Res Pritchard and Sacha Lee look at internal relocation and the approach taken by the courts following Re C Prior to Re C, in practice, internal relocation cases had a reputation for being difficult to contest, particularly where the distances involved were short. Internal relocation refers to a move by one parent with a…

Legal news: Employment update

Jo Broadbent rounds up recent developments affecting employers and their advisers The presidents of the employment tribunals expect greater use of in-person hearings in cases that involve detailed or contested evidence, such as complex preliminary points and final hearings of short-track claims. Guidance on reducing the spread of Covid-19 in the workplace On 1 April,…

Fire and rehire: P&O Ferries affair prompts promise of a code of practice

Richard Kenyon comments on the government’s proposals for a new statutory code of practice to clamp down on employers who force through mass dismissals without carrying out meaningful staff consultation The P&O case has been seized on as an extreme example of the concept of ‘fire and rehire’. St Patrick's Day 2022 began like any…

Dismissal: Settlement agreements – what can the P&O scandal tell us?

Joseph Lappin reviews how to use confidential settlement agreements correctly after accusations that P&O ‘blackmailed’ staff into signing away their employment rights Settlement agreements should never be used to prevent proper disclosure about the agreement or the circumstances surrounding the agreement to professional advisers, who are bound by a duty of confidentiality. In March this…

Trade unions: Courts come full circle on detrimental treatment against strikers

The Court of Appeal has overturned the EAT and decided that workers are not protected against detriment for participating in industrial action. Philip Cameron and Chris Coombes report Employers have considered it lawful to subject employees who go on strike to detrimental treatment. For many years, legal practitioners have been aligned in their interpretation of…

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Schedule 1: Setting boundaries