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This book navigates a way through various jurisdictional matters to which practitioners should have regard when tendering advice to family law clients. Even where a case initially appears to be straightforward, it is imperative (from a risk management perspective) to ensure that comprehensive advice has been provided.For families, increased global mobility has potential significant consequences. This practical guide distils the key issues into accessible sections, focussing on jurisdiction, enforcement, arbitration, protective agreements and the movement of children. This is a useful reference guide for those involved in advising clients on a daily basis, for the preparation of legal submissions, for students or simply those with an interest in this fascinating area of law.CONTENTSChapter One - Relationships Entered Into AbroadChapter Two - Jurisdiction on Separation: ScotlandChapter Three - Jurisdiction on Separation: UK and the Channel IslandsChapter Four - Raising an Action in Scotland: Which Court?Chapter Five - BrexitChapter Six - Contest of JurisdictionChapter Seven - Protection: Pre and Post Nuptials and Other Forms of AgreementChapter Eight - ArbitrationChapter Nine - EnforcementChapter Ten - Parental Rights and ResponsibilitiesChapter Eleven - The Hague ConventionChapter Twelve - Relocating With Children: "Shared Parental Intention"Chapter Thirteen - The Welfare PrincipleChapter Fourteen - Views of ChildrenChapter Fifteen - Other Considerations for the Court in Child Relocation CasesChapter Sixteen - Relocating From Scotland to Other CountriesChapter Seventeen - Preparing Your Client's Child Relocation CaseChapter Eighteen - Cases of InterestChapter Nineteen - International Child Abduction After BrexitChapter Twenty - Habitual ResidenceChapter Twenty-One - Conclusion

Molestation can have detrimental impacts on an individual's health, safety, and wellbeing. In such instances, parties may consider it necessary to seek the court's intervention by way of a non-molestation order and occupation order to keep them and any relevant children safe. This book provides a practical guide to non-molestation orders and occupation orders in family law proceedings. The text seeks to provide guidance on the general principles, practice, and procedure for family law practitioners and litigants who may find themselves making or resisting an application for non-molestation and occupation orders.The book considers the courts' general approach to the making of non-molestation orders and occupation orders, predominately in Family Law Act proceedings. It is acknowledged that these orders may also be sought in parallel Children Act proceedings. Whilst Children Act proceedings are not the focus of this book, it provides an insight into how to case manage these cases in light of the courts' application of Practice Direction 12J of the Family Procedure Rules 2010.Crucially, this provides a helpful toolkit for practitioners based on judicial commentary from judgments as to how to practically manage applications for non-molestation orders and occupation orders. It also looks at the options available to the court to dispose of these applications, such as undertakings.ABOUT THE AUTHORDr Stephanie Coker is a barrister at FOURTEEN, a leading Family Law Chambers in London. She has a private family practice dealing with financial remedies following the breakdown of a marriage, as well as unmarried couples. She also advises on complex domestic and international private children matters and civil remedies following domestic abuse. She was called to the Bar in 2015 (Inner Temple). Stephanie undertook her PhD in the area of family law. Alongside practice, she has taught family law, property law and foundations of property at the University of Kent.CONTENTSChapter One - Non-Molestation OrdersChapter Two - Non-Molestation Orders Against Minors and Those Lacking CapacityChapter Three - Occupation OrdersChapter Four - Without Notice (Ex Parte) ApplicationsChapter Five - UndertakingsChapter Six - Procedural Guidance: Applications for Non-Molestation Orders and Occupation OrdersConcluding Remarks

When arrangements are made for someone, in their best interests, that amount to a deprivation of their liberty - for example placing someone in a care home against their wishes - how does the law protect their rights?The law in this vital area has been a mess. In 2014, a parliamentary committee described the current legal framework - the "Deprivation of Liberty Safeguards" (DoLS) - as not fit for purpose, and that was before a Supreme Court judgment (Cheshire West) just a few days later meant that the system has been overwhelmed with vastly more cases than it was built or resourced for.In 2019, legislation was passed with the bare bones of a new system, the Liberty Protection safeguards (LPS), to replace DoLS. But despite a consultation in 2022 on a draft Code of Practice which added some detail, it has now been announced that the LPS will not be implemented before the next general election (expected to be in late 2024), and so in practice may well never be implemented at all.Without those long awaited reforms, we will still have to work with the old system, and all the problems it had that LPS was supposed to fix, notably:That DoLS does not apply beyond care homes and hospitals, and so anyone deprived of their liberty in other settings, such as their own family home, or supported living, can only have this authorised by a court order;Similarly, DoLS only applies over the age of 18, but this leaves a gap for 16-17 year olds where, again, court orders are needed to authorise any deprivation of liberty, as the courts have only recognised parental consent to avoid a deprivation of liberty where the child is under 16; andEven where the DoLS system does apply, over 18 and in care homes and hospitals, there is a colossal mismatch between the system's resources and the workload, with backlogs of a year or more for authorisations to be processed, and tens of thousands of people unlawfully deprived of their liberty.This book will look at:The background and context to the law on deprivation of libertyArticle 5 of the European Convention of Human RightsThe Bournewood case and the birth of DoLSCheshire West, the definition of a deprivation of liberty, and how this has applied in a range of settings from the family home to residential care and hospitalHow DoLS works in practice, including the key safeguardsDeprivation of liberty for children and young peopleCourt applications for deprivation of liberty in the communityThe interface between DoLS and the Mental Health ActConsequences and compensation for an unlawful DoLThe Law Commission's review of DoLS, the evolution of the LPS and how it would have worked, and the prospects of reform now; andMaking the best of the system we have for now.ABOUT THE AUTHORBen Troke is a solicitor and a mediator with 25 years' experience working in health and social care, acting for the NHS and private sector providers all over the country. His particular interest is in decisions about mental capacity, medical treatment and deprivation of liberty, and he regularly deals with urgent applications to court in emergency situations.Ben is independently rated as one of the leading practitioners in the country in the Court of Protection. He currently sits on the Law and Ethics Policy Unit of the Faculty of Intensive Care Medicine, and the Law Society's Mental Health and Disability Committee, and has a decade of experience of sitting on the ethics of clinical practice committee of a large acute NHS Trust.Ben is a regular speaker at conferences nationwide and often provides training, in person and online.

The Criminal Justice System is at the forefront of the mental heealth crisis. As a result of underfunding of both the healthcare sector and the justice system advocates find themselves dealing with an ever increasing number of defendants with severe mental health issues, often at a point of crisis within the criminal courts.This book endeavours to assist those who represent people within the criminal courts with mental health which impacts on their ability to enter a plea, stand trial, or withstand the trial process. "Fitness to plead" law and procedure is explored both with regards to the Crown court and magistrates' courts as is the lack of provision for those for whom "effective participation" is a key issue, even if their mental health concerns "fall short" of a disorder which might trigger fitness to plead provisions.The book also explores the "special verdict" of insanity alongside the defence of "automatism" and the relationship between the two. Stopping short of 'partial defences' such as diminished responsibility, this book focuses on the immediate issues that face junior practitioners on their feet in the Crown and magistrates' court.Representing the most vulnerable within the justice system requires a rigorous understanding of the legal framework underpinning the area and in particular of the ways in which a court can dispose of a case. The book aims to provide practitioners a brief summary and introduction to the area, and guidance as to the most common issues which arise.ABOUT THE AUTHORCalled to the bar in 2012, Alex Matthews is a specialist criminal barrister at 9BR Chambers.She acts for both prosecution and defence across a wide range of cases such as sexual offences, firearms, explosives and serious violence through to fraud.Alex has particular experience representing vulnerable clients within the criminal justice system from youths to those with severe mental ill health. Through this experience she developed an interest in the law of this area both in its current form, and in relation to its proposed reform.As part of her specialism in protest law Alex has dealt extensively with the complex law in that area and has a consequence also been published in Archbold Review.Having been appointed both to the Criminal Bar Association and South Eastern Circuit committees (the latter as the Recorder of the South Eastern Circuit) Alex is an active participant in circuit life.Alex is a Rape and Sexual Offences panel prosecutor and an established grade 3 advocate for the Crown Prosecution Service.

Advising educational establishments on their rights and responsibilities as an Employer is an increasingly complex and specialist area; particularly with the drive towards academisation, multi-academy trusts and the ever-increasing legislative burden of safeguarding and governance.Based on both authors' extensive experience in this area, this text provides a practical approach to advising on employment issues for Schools of whatever variety, whether they be maintained, academies or independent. Aimed at all those advising clients in this sector, whilst also being a useful text for those primary advising employees in the sector as well, the text focuses on key issues unique to the sector; including:Who is the Employer?An examination of the different types of educational institutions and the intricacies unique to each.Disciplinary and misconduct issues - including safeguarding issues and the role of the barring authorities.Performance management including sickness absence; performance related pay and the statutory appraisal framework.Holiday Pay in the post Harpur Trust v Brazel world.TUPE in the Education Sector.Trade Union relations and Industrial Action.Pensions - an examination of key areas practitioners should be aware of in dealing with the Local Government Pension Scheme and Teachers' Pension Scheme, with particular reference to restructuring.ABOUT THE AUTHORSJonathan Holden is a Partner, National Head of Employment and Head of Education for Forbes Solicitors. He has specialised in Employment Law throughout his career. Jonathan has extensive experience in advising public sector institutions; and is a nationally recognised expert in advising on employment law issues within the education sector.James Barron is a Senior Associate within the Public Sector Employment Team within Forbes Solicitors. He has specialised in Employment Law and has advised all manner of different education settings throughout the entire period of his career.CONTENTSChapter One - Who Is the Employer?Chapter Two - Terms and ConditionsChapter Three - Safeguarding & Disqualification by AssociationChapter Four - Misconduct and DisciplineChapter Five - Performance ManagementChapter Six - Academies & TUPEChapter Seven - Trade Union Relations and Industrial ActionChapter Eight - Useful Sources of Information

The current state of the law regarding material contribution in clinical negligence appears complicated and uncertain. This book charts the evolution of material contribution as a concept in causation from its original application in occupational disease cases to its more recent analysis in the context of clinical negligence.As with many areas of common law, the courts have attempted to define the factual characteristics of cases where material contribution causation can apply. It is commonly plead in clinical negligence where there are a range of potentially causative agents in operation and where the limitations of medical science prevent the application of traditional 'but for' causation. The courts have sought to categorise injuries and diseases in respect of their characteristics of 'divisibility' and 'indivisibility'. These terms have not however been applied and interpreted consistently. It is anticipated that clarification will be provided by the Supreme Court in due course.The aim of this book is to set out the legal landscape as it stands and provide practical assistance to enable claimants and defendants to argue their cases in causation.ABOUT THE AUTHORRhodri Jones is a barrister at St John's Chambers. He specialises in clinical negligence and inquests, acting for both claimants and defendants. Before retraining as a barrister Rhodri practiced as a medical doctor for 18 years, principally in A&E and general practice.CONTENTSIntroductionChapter One - Fundamentals of Material ContributionChapter Two - Categories of Disease and InjuryPART ONE: ORIGINS OF MATERIAL CONTRIBUTION IN OCCUPATIONAL DISEASE Chapter Three - A Single Causative Agent From Two SourcesChapter Four - Material Contribution to the RiskChapter Five - Recent Occupational Disease Cases Considering Material ContributionPART TWO: CLINICAL NEGLIGENCEChapter Six - Unsuccessful Application of Material Contribution in Clinical NegligenceChapter Seven - Successful Application of Material Contribution in Clinical NegligenceChapter Eight - ApportionmentChapter Nine - Consecutive and Concurrent Causative AgentsChapter Ten - Limitations on the Application of Material ContributionChapter Eleven - Material Contribution in Birth Injury CasesChapter Twelve - Material Contribution in Brain Injury CasesChapter Thirteen - Material Contribution in Psychiatric Injury CasesChapter Fourteen - Overall Conclusions

This book provides the context as to why the Family Court in England and Wales approaches awards of maintenance in the way that it does. The law remains as set out in Section 25 (as amended in 1984) of the Matrimonial Causes Act 1973. The book looks at why there have been so many apparently different approaches as to its implication since 1973. It includes a review the history of maintenance in this jurisdiction to give a context as to how we arrived at the current state of practice as set out in the 1973 Act.Also discussed are the significant changes in society since the first statute allowing the courts to award maintenance namely the Matrimonial Causes Act 1857.Finally, there is a review of current judicial thinking and approach on this difficult aspect of the financial remedies available following the breakdown of marriage, with consideration being given to the international context of spousal maintenance.This updated second edition covers the latest developments including the introduction of no fault divorce in April 2022 in accordance with the Divorce, Dissolution and Separation Act 2020 which means that on dissolution of a marriage or civil partnership the parties are granted a conditional order and final order of divorce, and that prior to the grant of the final order a financial agreement must be settled.ABOUT THE AUTHORLiz Cowell has over 30 years' experience in the practice of Family Law. She has lectured on spousal maintenance in the jurisdiction of England and Wales to fellow Family Practitioners for more than a decade. She has had experience of sitting on the Child Support Act Tribunal and, since the year 2000, has sat as a Deputy District Judge.Her interest in the Family Court's approach to spousal maintenance was sparked following anecdotal research done during the noughties, which demonstrated marked differences in the approach to spousal maintenance across the jurisdiction, in addition to a conference on the topic organised by Resolution, which further highlighted the problems encountered by many practitioners.Liz has built up a practice assisting clients facing issues with the Child Support Agency (as it was known then), and subsequently, has worked with parents who have been in need of help with the Child Maintenance Service. She is qualified as a Family Law Arbitrator, and is a firm believer in Arbitration as a form of Alternative Dispute Resolution (ADR).CONTENTSChapter 1 - IntroductionChapter 2 - HistoryChapter 3 - The Matrimonial Causes Act 1973 ("MCA 1973")Chapter 4 - The Statute and the RulesChapter 5 - Maintenance Pending Suit and Interim Periodical PaymentsChapter 6 - Applications Pursuant to Section 23 Matrimonial Causes Act 1973 for Periodical Payments of MaintenanceChapter 7 - The Clean Break ProblemChapter 8 - The Problems Surrounding Sharing the Payer's IncomeChapter 9 - Needs Are ElasticChapter 10 - Bonuses and How They Affect MaintenanceChapter 11 - CohabitationChapter 12 - Variation of Periodical PaymentsChapter 13 - CapitalisationChapter 14 - The Treatment of Bonuses in Financial SettlementChapter 15 - PensionsChapter 16 - BankruptcyChapter 17 - The Child Support Act 1991

International parental child abduction is the wrongful removal or retention of a child across national borders, without the consent of those with parental responsibility or court permission. It is generally contrary to the welfare of a child to be uprooted in such a manner, and thus it is in the interest of that child to be returned to the country of his or her habitual residence so that issues relating to custody or access can be resolved there.A Practical Guide to International Parental Child Abduction Law (England and Wales) provides a grounding on the law and practice in return proceedings, encompassing interactions between Hague Contracting States (including member States of the European Union) and non-Convention jurisdictions. Notwithstanding the UK's exit from the EU and the end of an era for EU instruments such as the Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (now repealed by the 2019 Regulation), in this jurisdiction, the UK remains a part of an international framework of treaty obligations independent of EU Laws.Pursuant to the Child Abduction and Custody Act 1985, the 1980 Hague Convention on the Civil Aspects of International Child Abduction is the legal framework for addressing 'Convention' parental child abduction cases, and along with a number of domestic laws, the aim is to protect children from the harmful effects of child abduction across frontiers. It is hoped that the book will guide readers through key topics such as jurisdiction, procedure, applicable law, and enforcement, looking at these through the distinguishing lens of Convention versus non-Convention cases. The book will also explore salient issues around the voice of the child, objections to return, protective measures, other remedies available under the 1980 Hague convention, and mediation.ABOUT THE AUTHORDr Onyója Momoh is a recognised expert in the field of international family law, specialising in cross-border children proceedings. She was called to the Bar in 2010 (Gray's Inn) and is consistently ranked as a leading barrister in the Legal 500 UK for children law since 2017. Onyója undertook her LLM, Ph.D., and post-doctoral research (EU-funded POAM project) all in the area of international parental child abduction and the protection of children across international frontiers. Alongside practice, she teaches private international law (family law) at the University of Aberdeen and has published book chapters, peer-reviewed journal articles, prepared country and expert reports, as well as delivered training and lectures around the world.In recent years, Onyója has engaged in high level advisory and advocacy activities within Government ministries (with a particular interest in Nigeria, and sub-Saharan Africa), the judiciary, and charities abroad, as well as an invited expert presenting at forums such as the Hague Conference on Private International Law, the European Commission and the UK House of Lords Justice and Home Affairs Committee.CONTENTSChapter One - IntroductionChapter Two - Child Abductions to and from England and WalesChapter Three - The Operation of the 1980 Hague ConventionChapter Four - Preliminary Points under Article 3Chapter Five - Pleading an Exception to ReturnChapter Six - The Inherent Jurisdiction of the High CourtChapter Seven - Alternative Dispute ResolutionChapter Eight - Trans-frontier ContactChapter Nine - Some Current IssuesChapter Ten - Concluding Remarks

Disputes over commercial service charges are increasing in number each year. The inherent conflict of interest between landlords and tenants has led it to be a heavily litigated area with recent cases being of concern for both parties.This book aims to provide an introduction to commercial service charge with an overview of the matters that need to be considered when dealing with service charge disputes. It provides insight into the application of the Service Charge Code as well as reviewing what should be included within a service charge clause both to ensure recovery of sums due and avoid disputes. It seeks to serve as a useful initial reference guide for surveyors and solicitors alike and encompasses an overview of relevant case law to assist both with drafting service charge clauses and in dealing with disputes.ABOUT THE AUTHORRachel Garton is a consultant solicitor for Nexa Law, specialising in property dispute resolution.Her work comprises of all areas of commercial and residential property litigation and landlord and tenant matters, including: tenants right to first refusal, residential leasehold enfranchisement, service charges, lease renewal litigation, commercial and residential possession proceedings and debt recovery.She has a niche specialism in service charge disputes and has dealt with numerous service charge disputes from commercial and residential clients over the last 15 years as well as delivering a number of seminars on this topic for MBL Seminars.CONTENTSPart One - General Principles Applicable to Service ChargesChapter One - the Construction of the Service Charge ClauseChapter Two - Sinking or Reserve FundsChapter Three - the Court's Interpretation of a Service Charge ClauseChapter Four - Complying With the Mechanics of a Service Charge ClauseChapter Five - Factors Applicable to Both Commercial and Residential Property in Considering if Service Charges Are PayablePart Two - Principles Applicable to Commercial Service ChargesChapter Six - Factors to Consider in Determining Whether Commercial Service Charges Claimed Are Payable Under the LeaseChapter Seven - the Impact of the Service Charge Code: Professional StatementPart Three - Miscellaneous Points to ConsiderChapter Eight - Tax and IndexationChapter Nine - Mixed Use PremisesChapter Ten - Variations to the Lease Terms and Changes in Identity of the PartiesPart Four - Disputes and RemediesChapter Eleven - Alternative Dispute ResolutionChapter Twelve - Application for a DeclarationChapter Thirteen - Tenant's Remedies for Non-Performance of the Landlord's ObligationsChapter Fourteen - Landlord's Remedies for Non-Payment of Service ChargesChapter Fifteen - Legal CostsChapter Sixteen - Summary

This book provides a practical, user-friendly guide to help navigate the various intricacies and potential pitfalls involved in amending statements of case or changing the composition of the parties. There are few factors in civil litigation of more fundamental importance than who is bringing it, who is defending it, and how they frame their respective cases. Whether due to inadvertence, a miscalculation of strategy, or simply because of the evolving landscape of the proceedings, it is commonplace for the parties to wish to alter these factors during the course of a case and to make an adjustment to their course. 'A Practical Guide to Adding or Amending Parties or Causes of Action to a Claim in Civil Proceedings' sets out the procedural requirements and possible difficulties in doing so, as well as providing pragmatic tactical advice for those acting for and against the party in such a position. The book addresses issues such as late applications to amend, multi-party litigation, discontinuance, and the impact of limitation periods.ABOUT THE AUTHORRyan Hocking was called to the Bar in 2014 and practises from Gatehouse Chambers. He has a busy commercial practice, complemented by his specialist insolvency and company law work. Ryan regularly deals with litigation involving civil fraud, tracing and following claims, commodities sales, agency, partnership, and shareholder disputes, and cross-border elements. Ryan is also experienced in offshore work, having been called to the Bar in the British Virgin Islands and advised in relation to proceedings in a number of jurisdictions including the Cayman Islands, Antigua, and the Bahamas.CONTENTSChapter One - IntroductionChapter Two - Adding a PartyChapter Three - Substituting PartiesChapter Four - Additional ClaimsChapter Five - Amending ClaimsChapter Six - Removing Parties and ClaimsChapter Seven - LimitationChapter Eight - Costs

This book focusses on the main grounds and key issues that most frequently arise in possession claims brought by the providers of social housing against their occupiers who enjoy varying degrees of security, ranging from licencees, to probationary and introductory tenants, to fully assured and secure tenants. It covers all stages of proceedings starting with pre-action conduct, such as compliance with the relevant pre-action protocol, notice requirements and review procedures, through to enforcement, emphasising requirements that are unique to social housing providers.It addresses the necessary requirements of possession claims, common defences and counterclaims raised in response.ABOUT THE AUTHORPatricia Tueje is a barrister at One Pump Court. She has practised housing law for over 20 years, and prior to becoming a barrister, worked in the statutory and voluntary housing sectors. She is particularly noted for her expertise in homelessness and landlord and tenant in Chambers & Partners UK. She specialises in all aspects of housing, property and related public law, including homelessness, landlord and tenant and leasehold disputes.Patricia is co-chair of the Housing Law Practitioners' Association, and a member of the Bar Council's Race Training Delivery Panel.CONTENTSChapter One - BackgroundChapter Two - Occupiers' StatusChapter Three - Initiating PossessionChapter Four - Possession ProceedingsChapter Five - SuccessionChapter Six - Termination by the Tenant

This practical guide is intended for practitioners seeking to navigate disputes involving easements and restrictive covenants.In the context of easements, this book addresses the creation of easements, liability, extinguishment of easements and remedies, with a particular focus on the issues that are most likely to be encountered in practice. Further, it also explores common freehold covenants, how these can be enforced, modified or discharged and the remedies available.The guide provides insight into how the courts are likely to resolve such disputes and important points on evidence and procedure which will inform case preparation.ABOUT THE AUTHORPriya Gopal is a barrister at Gatehouse Chambers. Her practice encompasses all aspects of Property Law, Commercial Dispute Resolution, Professional Liability and Costs. She is an experienced court advocate, appearing in trials, interim applications, appeals and hearings on ancillary matters, often against counsel who are more senior to her in call.CONTENTSChapter One - Rights of Way and Other Common EasementsChapter Two - Creation of EasementsChapter Three - Easements and LiabilityChapter Four - Extinguishment of EasementsChapter Five - Common Freehold CovenantsChapter Six - Enforcement of Freehold CovenantsChapter Seven - Discharge and Modification of Restrictive CovenantsChapter Eight - Remedies

Intended for busy solicitors and surveyors, 'A Practical Guide to Alienation, Alteration and User Covenants in Commercial Property' provides an efficient guide to the workings of these important covenants. Each type of covenant is dealt with in its own standalone chapter, highlighting the key legislative provisions and case law as well as discussing the practical issues likely to be encountered in practice. The book also explains the principles which govern the interpretation of leases generally, the test for the implication of terms into a lease, the workings of the Landlord and Tenant (Covenants) Act 1995 and the principles governing forfeiture, all of which are of wider application and will be of use to those practising in commercial property. Each of the chapters is broken down by topic, so the busy reader can quickly extract the key points.Applications for landlord consent and tenant remedies for an unreasonable refusal of consent are considered in detail. The interrelationship between lease renewal proceedings under the Landlord and Tenant Act 1954 and alteration, alienation and user covenants is explained.This accessible account of the law of landlord and tenant will also be a valuable resource for those studying this technical area.ABOUT THE AUTHORRichard Clarke is a barrister at Landmark Chambers who specialises in all aspects of property litigation including commercial and residential landlord and tenant, easements, covenants, boundaries and injunctions.CONTENTSChapter One - The Interpretation of LeasesChapter Two - The Implication of Lease Terms at Common LawChapter Three - Rules Governing Alienation CovenantsChapter Four - Rules Governing Alteration CovenantsChapter Five - Rules Governing User CovenantsChapter Six - When Is Consent Unlawfully Withheld?Chapter Seven - Interaction Between the Landlord and Tenant Act 1954 and Alteration, Alienation and User CovenantsChapter Eight - Remedies for Breach of Covenant

Data insecurity can cripple businesses. The Information Commissioner makes large organisations pay fines of millions of pounds for data security breaches. Google and others have had to face the possibility of representative actions claiming compensation for data breaches on behalf of millions of users.This book is written for both organisations and individuals. It brings together the legislation, policies and procedures needed to navigate enforcement in data protection law when things may have gone wrong.ABOUT THE AUTHORMariel Irvine is a solicitor and qualified data protection practitioner. She was a partner in an insurance litigation firm in the City before founding her firm twenty years ago. This is her third legal textbook.She acts as an external Data Protection Officer for companies and advises businesses in a number of different sectors, particularly when taking over other companies, setting up and merging websites and obtaining consent for marketing from customers. She provides data protection training in both the private and public sector.CONTENTSChapter One - IntroductionChapter Two - PreliminariesChapter Three - Enforcement Against the Information CommissionerChapter Four - Information Commissioner's Regulatory Action PolicyChapter Five - Commissioner's Investigative Powers: Information and Assessment Notices: Warrants to Enter PremisesChapter Six - Commissioner's Corrective Powers: Enforcement NoticesChapter Seven - Commissioner's Corrective Powers: Penalty NoticesChapter Eight - Procedure for Appeals to the TribunalChapter Nine - Enforcement by Data Subjects in the CourtsChapter Ten - Conclusion

Grandparents have become more and more involved in the lives of their grandchildren, yet their legal position is still vague and uncertain. This useful new updated guide sets out what remedies are available and what action grandparents can take should they become caught up in family breakup or disharmony. The author has represented and advised grandparents in both private and public law proceedings over many years. Topics covered include:Grandparents - the current position;Orders available to grandparents in private and public law proceedings;Permission to file applications for court orders;Acquisition of Parental Responsibility;Contact with grandchildren in the care of the Local AuthoritySpecial Guardianship Orders including discharge and variation applications;The cases of Re J (2002), Re A (2015) & Re C (2009) Re M (2021) Re F&G (2021)Practical suggestions on advising grandparents on court applications.ABOUT THE AUTHORStuart Barlow is in the family team at Bhatia Best Solicitors. He has specialised in Family Law for over 40 years. His focus is now on representing Parents and other parties in Children Cases. He is a member of the Law Society Children Panel and Accredited Specialist with Resolution in Private Children and Cohabitation Law. He is the former Chief Assessor of the Law Society Family Law Panel and adjudicator for the Legal Aid Agency. He is a regular presenter of training courses for family lawyers throughout England and Wales and the author of several family law books.CONTENTSIntroductionChapter One - Summary of the Current PositionChapter Two - Common Situations Faced by GrandparentsChapter Three - Orders Available to GrandparentsChapter Four - Who Can Apply? - Section 10 Children Act 1989Chapter Five - What if the Court's Permission Is Required?Chapter Six - Other Important FactorsChapter Seven - Application for Party StatusChapter Eight - The Court ProcessChapter Nine - Applications for Leave by the Child ConcernedChapter Ten - Funding an Application to the CourtChapter Eleven - Public Law ProceedingsChapter Twelve - Grandparents' Contact With Their Grandchildren in the Care of a Local AuthorityChapter Thirteen - Special Guardianship OrdersChapter Fourteen - Special Guardianship Order ChangesChapter Fifteen - Practical Suggestions When Advising ClientsChapter Sixteen - ConclusionAppendix A - Children Act 1989 Part IIIAppendix B - Adoption and Children Act 2002Appendix C - Part 18 Procedure for Other Applications in Proceedings

This authoritative study is the first devoted to Permanence Orders. It comprehensively describes the court process from initiation to conclusion. It guides the practitioner from considering the available orders into considering the rules governing the application. The form of evidence required is described before an examination of the expanding caselaw detailing the thresholds of the different orders, the role of welfare and contact. The book concludes with consideration of expenses and the exacting hurdles attaching to appeals.ABOUT THE AUTHORAlan Inglis was Called to the Bar of England and Wales in 1989 and the Scots Bar in 2009. He practices in both jurisdictions but primarily in Scotland. He has appeared in many of the leading cases which are considered in this book. He has always practiced exclusively in Family Law, particularly public law children's cases. Before that he was a social worker in Inner London specialising in child protection and mental health.Alan is based at Arnot Manderson Advocates in Edinburgh and 4PB in London. He is a trustee of both the Scottish Child Law Centre and of the Equality Network, and also a Fellow of the International Academy of Family Lawyers.CONTENTSChapter One - IntroductionChapter Two - The Structure of a Permanence OrderChapter Three - The ApplicationChapter Four - EvidenceChapter Five - The Threshold CriteriaChapter Six - WelfareChapter Seven - ContactChapter Eight - ExpensesChapter Nine - AppealsAppendix One - Adoption and Children (Scotland) Act 2007Appendix Two - Rules of the Court of Session - Chapter 67Appendix Three - Act of Sederunt (Sheriff Court Rules Amendment) (Adoption and Children (Scotland) Act 2007) 2009 No. 284

The need to provide affordable housing is increasing and with that the market for shared ownership properties is also growing. Shared ownership makes it easier for buyers to get on the housing ladder, with lower deposits needing to be paid, and can also help older people with certain schemes being solely aimed at those over 55.This book is intended for those conveyancers acting in respect of the purchase, re-mortgage and sale of shared ownership properties, together with those dealing with any staircasing transactions. The book contains guidance as to what you should be looking at in the lease together with various other considerations that should be kept in mind when dealing with shared ownership properties.ABOUT THE AUTHORSarah Sams is a partner at Dutton Gregory solicitors. She is a shared ownership specialist with an in-depth knowledge of this area of law. With over 20 years experience in residential conveyancing, she has worked with some of the largest social housing providers in the UK, including advising the providers themselves, as well as acting for the leaseholders and buyers.CONTENTSChapter One - IntroductionChapter Two - A Brief History of Shared OwnershipChapter Three - The Difference Between Shared Ownership and Shared EquityChapter Four - Past and Present Types of Shared Ownership LeaseChapter Five - Model Shared Ownership LeasesChapter Six - Capital Funding GuideChapter Seven - Stamp Duty Land Tax and Shared Ownership LeasesChapter Eight - The Right to Shared OwnershipChapter Nine - Miscellaneous Useful InformationChapter Ten - Conclusion

This practical guide introduces the Court of Protection, an explanation of the relevant legal framework and provides practical support with common applications to the court. The book contains various precedent documents and is the go-to resource for practitioners.ABOUT THE AUTHORHolly Chantler is an experienced older and vulnerable client solicitor with particular expertise in dealing with complex issues relating to mental capacity, financial abuse, powers of attorney, advance decisions and the Court of Protection (contentious and non-contentious matters). Holly holds a number of professional appointments and qualifications, including as a Court of Protection panel deputy, panel guardian and a director of national organisations Solicitors for the Elderly and the Professional Deputies Forum. She also sits on the Court of Protection Rules Committee and acts as a professional stakeholder for the Ministry of Justice, Office of the Public Guardian and Court of Protection.CONTENTSChapter One - Introduction to the Court of ProtectionChapter Two - Specific Tests of Capacity: The Information Relevant to the DecisionChapter Three - When an Application to the Court of Protection May Be RequiredChapter Four - Common Applications to the Court of ProtectionChapter Five - ACC & Ors (Property and Affairs Deputy; Recovering Assets Costs for Legal Proceedings) [2020] EWCOP 9 (27 February 2020)Chapter Six - Making the ApplicationChapter Seven - Costs and Fees in the Court of ProtectionChapter Eight - Who Is the Client?Appendix 1 - ResourcesAppendix 2 - Email Addresses for the Court of ProtectionAppendix 3 - Letter of Instruction to an Independent AssessorAppendix 4 - Deed of Appointment of New Trustee Pursuant to Section 36(1) Trustee Act 1925Appendix 5 - Precedent Section 54 Trustee Act 1925 OrderAppendix 6 - Precedent Section 36(9) Trustee Act 1925 OrderAppendix 7 - Precedent Deputyship OrderAppendix 8 - Orders You Are Seeking (Box 4.1 COP1)Appendix 9 - Re ACC Precedent ClausesAppendix 10 - Precedent Statutory Will Provisions

Cyber fraud is a well-established and significant concern for business and individuals. The problem has developed exponentially, in terms of scale, coverage and value, in recent years. In part, this has been the result of recent events, such as the Covid-19 pandemic making remote working the norm and the widespread use of cryptocurrencies, providing increased opportunity for fraud. In addition to the obvious financial consequences, incidents of cyber fraud cause reputational harm and embarrassment to the victims, as well as engaging regulatory obligations for some persons.However, well-established principles of law and procedure can be adapted to meet the new challenges posed by cyber fraud. The Court has shown willingness to develop its jurisdiction to give the victims of cyber fraud the tools needed to trace, identify, seize and recover the proceeds of frauds perpetrated against them.This book is a practical handbook to assist the reader in navigating the peculiarities of claims in respect of cyber fraud. It acts as a guide on the procedure and substantive law relating to this burgeoning practice area, assisting the practitioner who is dealing with cyber fraud litigation - often under strict time pressures. Significant updates since the previous edition include dealing with crypto-assets in their own chapter, analysing recent trends in banks' liability for cyber fraud, and considering in greater depth the use of disclosure orders to identify anonymous cyber fraudsters and the proceeds of their wrongdoing.ABOUT THE AUTHORMatthew McGhee is a barrister at Twenty Essex with a broad commercial practice and a significant focus on civil fraud claims. He has been at the forefront of cyber fraud litigation, having acted for victims of cyber fraud and having both brought and defended fraud claims levelled against financial institutions. Matthew also has practical experience in cryptocurrency litigation.Notable instructions have included CMOC v Persons Unknown [2018] EWHC 2230 (Comm) (a claim to trace and recover money stolen by cyber fraudsters, and the first-known occasion that a worldwide freezing injunction has been granted against 'persons unknown') and IFT v Barclays [2020] EWHC 3125 (Comm) (concerning a claim against the bank which received the proceeds of fraud, raising issues of when banks may be held liable for their customers' frauds).Matthew is regularly invited to speak at national and international industry conferences and events about cyber law and litigation.CONTENTSIntroductionChapter One - Commencing Proceedings Against Anonymous FraudstersChapter Two - Fraudulent Payments: Recovery From WrongdoersChapter Three - Fraudulent Payments: Recovery From 'Innocent' PartiesChapter Four - ExtortionChapter Five - Other Wrongful AcquisitionsChapter Six - Crypto-AssetsChapter Seven - Procedural GuidanceChapter Eight - Coda on Future Developments

In recent years, it has become increasingly common for consumers to travel abroad for cosmetic surgical and dental procedures. Consumers may be enticed to go abroad from seeing surgical packages advertised on social media, such as TikTok or Instagram, which may be cheaper than private treatment costs in the United Kingdom and may entail a stay at a luxury hotel. Unfortunately, things can and do go wrong. When consumers suffer with complications arising from their procedures or an outcome that they are dissatisfied with, it may be the case that there has been causative negligence by the foreign surgeon and/or clinic such that proceedings are contemplated.However, cross-border clinical negligence claims can be challenging to handle and bring with them a number of issues. Unlike a standard clinical negligence claim, practitioners often face additional complexities, such as whether England and Wales is the appropriate forum to hear the claim, as well as questions as to what the applicable law of the claim is.This book provides practical guidance to practitioners handling cross-border clinical negligence claims, covering issues including jurisdiction and applicable law, deaths abroad and inquests, applicable standards, expert evidence, and different types of claim.ABOUT THE AUTHORDominique Smith is a barrister at Deka Chambers, specialising in travel law, inquests, clinical negligence, and personal injury. She has a busy court practice, with a particular interest in cross-border clinical negligence disputes and complex personal injury claims. Dominique is known for her expertise in respect of jurisdictional issues and package travel contracts. She often acts in multi-injury claims in the County Court and High Court, for both claimants and defendants.Dominique has been recognised as a 'rising star' in travel law for several years in the Legal 500 and is also ranked in Chambers and Partners. She is a co-author of the leading travel textbook, Saggerson on Travel Law and Litigation, published in 2022, with this book being her second publication.CONTENTSChapter One - IntroductionChapter Two - Deaths Abroad and InquestsChapter Three - Package Travel Clinical Negligence ClaimsChapter Four - Non-Package Contract Clinical Negligence ClaimsChapter Five - JurisdictionChapter Six - Applicable LawChapter Seven - Applicable StandardsChapter Eight - Expert EvidenceChapter Nine - Contribution ClaimsChapter Ten - Quantum

The Public Sector Equality Duty has generated an enormous amount of litigation in recent years. Even the reported decisions themselves regularly complain about the sheer volume of authorities that have been cited by the parties in each case. This book draws together the threads of the case law and explains the key principles of the PSED as it arises in the context of housing law.The book provides essential practical guidance for lawyers involved in social housing possession claims, homelessness appeals, and allocations and policy challenges. As well as explaining the principles of law, book looks at the important issues of evidence-gathering and litigation strategy in the unusual context of an 'ongoing' process duty.ABOUT THE AUTHORNick Bano is a barrister at Garden Court Chambers, who has been involved in bringing many of the significant PSED challenges in the field of housing law. He appeared in the key case of Forward v Aldwyck, as well as more recent and housing-specific matters such as TM v Metropolitan, London & Quadrant v Patrick and Adesotu v Lewisham.CONTENTSChapter One - Preliminary Points1.1 - The current duty in context1.2 - The duty1.3 - The protected characteristics1.4 - Process duty1.5 - Not a cause of action1.6 - A context-specific duty1.7 - Importance of the dutyChapter Two - Possession Proceedings2.1 - A viable defence2.2 - When to comply2.3 - Triggering compliance2.4 - Evidence2.5 - Aspects of compliance2.6 - Defending the claim2.7 - Pre-trial practicalities2.8 - Questioning the decision-maker2.9 - Consequences of a breach2.10 - The enforcement stage2.11 - Where next?Chapter Three - Homelessness3.1 - A viable ground of appeal3.2 - Triggering compliance3.3 - Inquiries3.4 - Aspects of compliance3.5 - Materiality3.6 - Representations3.7 - Evidence3.8 - Where next?Chapter Four - Allocations & Housing Judicial Reviews4.1 - Context: A troubling legacy4.2 - When to comply4.3 - Triggering compliance4.4 - Evidence4.5 - Aspects of compliance4.6 - Consequences of a breach

In this book, Jake Rowley will provide a concise and practical consideration of the law and practice relating to 'low velocity impact' (or "LVI") road traffic accidents. Amongst other topics, the book will consider what is meant by the term 'LVI'; the tell-tale signs of a potential LVI claim; the key authorities setting out the the law in this area; the procedural steps which Defendants will likely need to take in order to advance allegations of LVI; the sorts of evidence which features in such claims and when, and how, it should be obtained and deployed; and how such cases are approached by Judges at trial.The book is written with Claimant and Defendant practitioners, and insurers, in mind.ABOUT THE AUTHORJake Rowley is a barrister at Farrar's Building specialising in high value and complex personal injury litigation. He has extensive experience of proceedings arising out of road traffic accidents and claims involving allegations of LVI.He is well versed in the applicable legal principles relating to LVI cases as well as the varying forms of evidence regularly encountered in such claims including forensic engineering evidence dealing with damage consistency and/or occupancy displacement; expert medical evidence; insurer's CUE database searches; and social media evidence. Jake is known for his meticulous and forensic approach to considering the available evidence in LVI cases, which enables him to settle robust pleadings and give sensible and pragmatic advice on tactics and prospects of success in advance of trial. He prides himself on conducting thorough and robust cross-examinations of witnesses at trial. Jake's LVI practice is complemented by his significant experience of cases involving allegations of fraud/fundamental dishonesty.Jake is instructed on behalf of the UK's biggest and most well-known motor insurers and is regularly invited to speak or provide training in this area to both solicitors and insurers.¿This is Jake's second book published by Law Brief Publishing. His first book, "Fundamental Dishonesty and QOCS in in Personal Injury Proceedings: Law and Practice", ¿is also available here.CONTENTSChapter 1 - What Is a Low Velocity Impact Claim?Chapter 2 - Hallmarks of a LVI CollisionChapter 3 - Pre-Action ConductChapter 4 - The Two Key Court of Appeal Cases: Kearsley and CaseyChapter 5 - Expert EvidenceChapter 6 - Medical Records and Further Sources of Evidence/InformationChapter 7 - Success or Failure at TrialChapter 8 - Concluding Observations

The Renting Homes (Wales) Act 2016 has been a long time in coming to fruition. However, as from 1 December 2022 this Act has radically reshaped the residential rented sector, both private and social, in Wales.This book, by a respected author who advised the Welsh Assembly during the passing of the Act, is the first detailed treatment of the legislation. It is a must read for anyone interested in renting property in Wales.ABOUT THE AUTHORDavid Smith is a solicitor specialising in residential property, agency, and regulatory law. He is a partner at JMW Solicitors LLP in London. He is well known for his work in the residential property and agency field, especially in property licensing and consumer law and has advised local and national governments, large and small landlords and tenants and letting and estate agents across the sector.CONTENTSChapter One - IntroductionChapter Two - Law in WalesChapter Three - Renting Homes: An OverviewChapter Four - Who, What and Where?Chapter Five - InformationChapter Six - DepositsChapter Seven - RepairsChapter Eight - RentChapter Nine - Term and PossessionChapter Ten - AbandonmentChapter Eleven - The RHWA and the CourtsChapter Twelve - ConclusionAppendix One - List of RHWA Forms and Their PurposeAppendix Two - List of Regulations Made Under the RHWA