When passing sentence on M for a historical sex offence (in the mid-1980s), the judge made no error of principle, nor was there any arguable ground that the sentence was manifestly excessive. M was convicted of buggery under the SOA 1956 and sentenced to three years’ imprisonment. He appealed on the basis that the sentence …
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The judge described a recent case as ‘extremely difficult’ with unique and complex issues. F was seeking regular direct contact and involvement with K; an order for PR; and a declaration of parentage. All the other parties/professionals involved opposed direct contact and were united in that indirect contact could be the only outcome. The Guardian …
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When will the court order an expert witness to attend court to give oral testimony under FPR r25.9(2)? In this case, a very young baby (B) was the subject of care proceedings after being admitted to hospital with brain injuries. M said F had searched online for ‘shaken baby’ after winding B forcefully. The paternal …
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If a party has transferred assets with intent to defeat (or reduce) a financial claim, the court can set aside the transaction under s37 MCA 1973. In this case, the allegedly worthless shares were set aside. The parties married in 1999 and separated in 2019. W petitioned for divorce. H was sole shareholder of a …
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Under the Thwaite jurisdiction, the court can set aside (but not vary) an order if: it remains executory (has yet to be implemented); there has been a material change of circumstances; and it would be inequitable not to vary the order. Unlike Barder events, the change in circumstances does not need to be ‘wholly unforeseen’. …
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The ET has heard an interesting case relating to the fact that a long-standing employee fell asleep on the job and was dismissed. The ET summarised the claim thus: ‘6… the only claims that remain for the Tribunal’s determination are ones of “ordinary unfair dismissal” and “wrongful dismissal” against the respondent. The basis for the …
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The EAT has heard an appeal in which it is considered whether it was just and equitable to extend time. The case summary is as follows: ‘Practice and procedure At a preliminary hearing listed to deal with time limits, an employment judge held that the claimant’s claim of unfair dismissal was out of time because, …
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The EAT has heard an interesting case involving the definition of ‘disability’. The case summary is as follows: ‘Disability discrimination (12) The claimant has diagnoses of Autism Spectrum Disorder (ASD) and Attention Deficit Hyperactivity Disorder (ADHD). He brought claims of disability discrimination against the respondent. At a preliminary hearing, the Employment Judge determined that he …
‘This was an exceptionally, if not uniquely, difficult sentencing exercise. Having presided over the trial, the judge was in a far better position than this court to balance the various features and reach a just conclusion. That does not, of course, mean that his decision is inviolate. The principles are not in doubt.’ So said …
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The new Express Financial Remedy Pilot Scheme (PD36ZH) came into effect in April and will run for a year (to 3 April 2026). PD36ZH supplements r36.2 FPR. The aim is to streamline lower-value financial cases. Applications for consent orders are excluded from the pilot. Where the parties’ combined net matrimonial assets are worth less than …
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