Articles

Lauren Suding summarises judgment in the financial remedy case of Simon v Simon & Level (Joinder) (Rev1) [2022] EWFC 29 for Family Law Week.

Savannah Bullen Manson summarises the judgment in WC v HC [2022] EWFC 22 for Family Law Week. The case concerned the weight given to a pre-marital agreement, a post-marital agreement, family wealth & prospective inheritance when determining the appropriate financial award division of assets.

Clare Cullen considers the case of Croydon London Borough Council v Kalonga [2022] UKSC 7. The Supreme Court considered if, and how, a flexible tenancy can be ended during the fixed term.

The Upper Tribunal has ruled that an entitlement to recover the costs of collecting ground rents does not (or did not on the true construction of the lease in question) include the costs of serving a notice in the form required by s.166 CLRA 2002 so as to render those grounds rent collectable.

In Global 100 Ltd v Jimenez and others [2022] UKUT 50 (LC), the Upper Tribunal decided that accommodation which is occupied by ‘property guardians’ constitutes a house in multiple occupation ‘HMO' meaning that it requires an HMO licence and serious consequences apply to the person who controls or manages the accommodation if no licence has been obtained.

The decision is an important reminder for local authorities of the very limited circumstances in which they can refuse to accept a repeat homelessness application.

The court was concerned with applications for committal arising out of alleged breaches of several orders, including an order in financial remedy proceedings.

Max Thorowgood considers the case of White v Amirtharaja in which he acted for the Amirtharajas. The case includes a helpful discussion of the meaning and significance of the phrase ‘paper title’ and consideration of the nature of mistakes made upon an application for first registration of a title. 

Domestic abuse can frequently lead to people becoming homeless. According to Government figures, domestic abuse remains one of the top three causes of people becoming homeless, with 11.6% of households citing domestic abuse as their main reason for being homeless during 2020/2021.

Anna Dannreuther discusses the Court of Protection guidance on judicial visits to P in serious medical treatment cases. And she considers how the guidance impacts the work of lawyers who deal with CoP cases generally.