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21.06.21

Are you a director who is being chased for debts by liquidators?

When a company is under financial distress, a director must be extremely careful when moving money out of the company or, if the company becomes insolvent, a liquidator may attempt to claw back funds from them. Below, we consider some of the common questions that a director will have when being chased by a liquidator…

The importance of Pre-Nuptial Agreements

An increasing number of couples are now opting to enter into Pre-Nuptial Agreements (‘PNA’s or ‘prenups’) in order to try and control how their assets are divided up in the the event of divorce. Although PNAs cannot prevent a spouse from applying to the court for financial provisions from the other spouse upon divorce, the…

My bank account is frozen: what should I do?

It is incredibly frustrating to discover that your bank account has been frozen, preventing you from accessing your legitimately earned income and savings. Yet this is a scenario which innocent customers face day in and day out. Attempts to speak with the bank, with whom you have been a customer for years, come to nothing….

Absence from disciplinary hearings and appeals

The recent case of General Medical Council v Armstrong [2021] 5 WLUK 384 revisited the issue of whether tribunals (including Appellate Courts such as the High Court) ought to proceed in the absence of the registrant respondent. The respondent in Armstrong, in keeping with many registrants and professionals, deliberately chose to absent herself from the…

10.06.21

#MeToo allegations and trigger warnings: when sensitivity can backfire

When a person chooses to make #metoo allegations on social media, there is almost always going to be some risk that they are exposing themselves to potential defamation proceedings.  The easiest way to limit exposure is to avoid naming the accused person, or including information that may identify them.  Many people, however, feel compelled to…

25.05.21

The online divorce portal – bringing family law into the 21st Century

As with so many aspects of our lives, Covid-19 restrictions have forced family law online in the last year. Her Majesty’s Courts and Tribunals Service have had an online portal for processing divorces in the works for years, but until relatively recently it has only been available to a select group as part of a…

17.05.21

Beware of the discontinuance; sleeping dogs can bite

The Crown Prosecution Service (CPS)’s guidance about when it is appropriate to reinstate discontinued criminal proceedings should be ringing alarm bells about how, and why, the charges were dropped in the first place. In Spring 2021, the CPS published new Guidance on “Reconsidering A Prosecution Decision”. It is a helpful document which all defence practitioners…

17.03.21

Relocation and child contact arrangements during the pandemic: what should be considered?

Over the last year, as we have gone in and out of lockdown, many of us have taken the opportunity to consider possible changes to our lives when the world returns to a sense of normality.  One major change that has been considered by many is relocation, often where individuals or families are looking for…

23.02.21

Sexual assault convictions quashed in CCRC’s 750th case

The Court of Appeal has quashed Ahmed Mohammed’s two 2004 convictions for indecent assault. The case (Mohammed v R. [2021] EWCA Crim 201) had been referred to the Court of Appeal by the Criminal Cases Review Commission (CCRC). At the time of the alleged offences the Appellant was just 18 years old and suffering from…

When the public interest gets badly lost

Robyn Williams, a highly decorated superintendent with the Metropolitan police, is currently confined to desk duties pending an appeal against her conviction. She was found guilty by a 10-1 majority on 29 November 2019 for one offence of possession of an indecent image of a child. This is an offence under section 160 of the…