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15<meta charSet="utf-8"/><title>Law Blogs | Legal News, Info & Guides | Black Antelope Law</title><meta name="viewport" content="width=device-width,initial-scale=1"/><meta property="og:locale" content="en_GB"/><meta name="description" content="Explore our law blog covering the latest news, info and guides on construction, family, immigration and property law "/><meta property="og:title" content="Law Blogs | Legal News, Info & Guides | Black Antelope Law"/><meta property="og:description" content="Explore our law blog covering the latest news, info and guides on construction, family, immigration and property law "/><meta property="og:type" content="website"/><meta property="og:url" content="https://090467cf.black-antelope-law-84c.pages.dev/news/blog"/><meta property="og:image" content="https://090467cf.black-antelope-law-84c.pages.dev/images/meta.png"/><meta property="og:image:width" content="1200"/><meta property="og:image:height" content="630"/><link rel="preconnect" href="https://fonts.googleapis.com"/><link rel="preconnect" href="https://fonts.gstatic.com" crossorigin=""/><link href="https://fonts.googleapis.com/css2?family=Figtree&display=swap" rel="stylesheet"/><link rel="stylesheet" href="/build/_assets/app-QN7WB2UV.css"/><link rel="stylesheet" href="/build/_assets/shared-W557TCDI.css"/><link rel="stylesheet" href="/build/_assets/animation-2L77FVGF.css"/></head><body class="h-full text-text-color">
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15<h4 class="text-[14px] font-bold leading-[19px] lg:text-[16px] lg:leading-[22px]">What is a fact finding hearing in the family court?</h4><small class="tiny text-[12px] leading-[17px] mb-4 block"><time dateTime="2024-10-14">14/10/2024</time></small><small class="tiny text-[12px] leading-[17px] mb-4 block"></small></div><a class="flex items-center gap-2 text-green" href="/news/blog/what-is-a-fact-finding-hearing-in-the-family-court"><h5 class="text-[12px] leading-[17px]">Read full post</h5> <span class="grid h-4 w-4 items-center justify-center bg-green"><img src="/images/arrow.svg" alt="arrow icon"/></span></a></div></li><li><div class="rounded-2xl p-8 flex min-h-[200px] flex-col shadow-panel"><div class="flex-1"><h4 class="text-[14px] font-bold leading-[19px] lg:text-[16px] lg:leading-[22px]">The Duty of UK Businesses to Prevent Illegal Workers</h4><small class="tiny text-[12px] leading-[17px] mb-4 block"><time dateTime="2024-8-30">30/08/2024</time></small><small class="tiny text-[12px] leading-[17px] mb-4 block"></small></div><a class="flex items-center gap-2 text-green" href="/news/blog/the-duty-of-uk-businesses-to-prevent-illegal-workers"><h5 class="text-[12px] leading-[17px]">Read full post</h5> <span class="grid h-4 w-4 items-center justify-center bg-green"><img src="/images/arrow.svg" alt="arrow icon"/></span></a></div></li><li><div class="rounded-2xl p-8 flex min-h-[200px] flex-col shadow-panel"><div class="flex-1"><h4 class="text-[14px] font-bold leading-[19px] lg:text-[16px] lg:leading-[22px]">Enforcing Possession Orders Through High Court Enforcement Officers</h4><small class="tiny text-[12px] leading-[17px] mb-4 block"><time dateTime="2023-6-8">08/06/2023</time></small><small class="tiny text-[12px] leading-[17px] mb-4 block"></small></div><a class="flex items-center gap-2 text-green" href="/news/blog/enforcing-possession-orders-through-high-court-enforcement-officers"><h5 class="text-[12px] leading-[17px]">Read full post</h5> <span class="grid h-4 w-4 items-center justify-center bg-green"><img src="/images/arrow.svg" alt="arrow icon"/></span></a></div></li><li><div class="rounded-2xl p-8 flex min-h-[200px] flex-col shadow-panel"><div class="flex-1"><h4 class="text-[14px] font-bold leading-[19px] lg:text-[16px] lg:leading-[22px]">Extension of Fixed Recoverable Costs</h4><small class="tiny text-[12px] leading-[17px] mb-4 block"><time dateTime="2023-4-24">24/04/2023</time></small><small class="tiny text-[12px] leading-[17px] mb-4 block"></small></div><a class="flex items-center gap-2 text-green" href="/news/blog/extension-of-fixed-recoverable-costs"><h5 class="text-[12px] leading-[17px]">Read full post</h5> <span class="grid h-4 w-4 items-center justify-center bg-green"><img src="/images/arrow.svg" alt="arrow icon"/></span></a></div></li><li><div class="rounded-2xl p-8 flex min-h-[200px] flex-col shadow-panel"><div class="flex-1"><h4 class="text-[14px] font-bold leading-[19px] lg:text-[16px] lg:leading-[22px]">What happens on a mini pupillage?</h4><small class="tiny text-[12px] leading-[17px] mb-4 block"><time dateTime="2023-4-21">21/04/2023</time></small><small class="tiny text-[12px] leading-[17px] mb-4 block"></small></div><a class="flex items-center gap-2 text-green" href="/news/blog/what-happens-on-a-mini-pupillage"><h5 class="text-[12px] leading-[17px]">Read full post</h5> <span class="grid h-4 w-4 items-center justify-center bg-green"><img src="/images/arrow.svg" alt="arrow icon"/></span></a></div></li><li><div class="rounded-2xl p-8 flex min-h-[200px] flex-col shadow-panel"><div class="flex-1"><h4 class="text-[14px] font-bold leading-[19px] lg:text-[16px] lg:leading-[22px]">Overseas Divorces - The Transnational Divorce Trap</h4><small class="tiny text-[12px] leading-[17px] mb-4 block"><time dateTime="2023-3-27">27/03/2023</time></small><small class="tiny text-[12px] leading-[17px] mb-4 block"></small></div><a class="flex items-center gap-2 text-green" href="/news/blog/overseas-divorces-the-transnational-divorce-trap"><h5 class="text-[12px] leading-[17px]">Read full post</h5> <span class="grid h-4 w-4 items-center justify-center bg-green"><img src="/images/arrow.svg" alt="arrow icon"/></span></a></div></li><li><div class="rounded-2xl p-8 flex min-h-[200px] flex-col shadow-panel"><div class="flex-1">
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It is usual for the parent denying access to the children to allege there has been domestic abuse in the relationship, either between the parents or by the other parent towards the children.","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"Where parents cannot resolve the issues between themselves, this leads to a child arrangements application before the Family Courts in England and Wales, where a fact finding hearing may be necessary. However, what is a fact finding hearing and should you be legally represented at one? We attempt to answer your frequently asked questions below.","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"What is a Fact Finding Hearing? ","marks":[{"type":"bold"}],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"A fact finding hearing is a type of hearing in Children Act proceedings. As the name suggests, the Family Court is required to establish facts where there are disputed allegations of domestic abuse between the parties.","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"When will it be necessary to conduct a fact finding hearing?","marks":[{"type":"bold"}],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"Not every case involving allegations of domestic abuse requires a fact finding hearing for the child arrangements to be resolved. The guidance under ","marks":[],"data":{}},{"nodeType":"hyperlink","data":{"uri":"https://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_12j"},"content":[{"nodeType":"text","value":"Practice Direction 12J","marks":[],"data":{}}]},{"nodeType":"text","value":" (PD12J) makes it clear that the following factors are likely to be relevant:","marks":[],"data":{}}]},{"nodeType":"unordered-list","data":{},"content":[{"nodeType":"list-item","data":{},"content":[{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"Is a finding necessary to provide a factual basis for any welfare report?","marks":[],"data":{}}]}]},{"nodeType":"list-item","data":{},"content":[{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"Is a finding necessary to provide a basis for an accurate assessment of an identified risk?","marks":[],"data":{}}]}]},{"nodeType":"list-item","data":{},"content":[{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"Is a finding necessary before the court can consider any final welfare-based order(s) in relation to child arrangements?","marks":[],"data":{}}]}]},{"nodeType":"list-item","data":{},"content":[{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"Is a finding necessary before the court can consider the need for a domestic abuse intervention?","marks":[],"data":{}}]}]}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"As well as allowing the parties to make representations at a directions hearing, the court will usually also ask for the view of CAFCASS. Although a party may want to have their day in court, it is not always in our experience in the best interests of all the parties and any children to have a hearing where this can be avoided. A fact finding hearing can cause greater conflict between the parties, especially when some distance has been built between them post-separation.","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"Just some examples where the family court may decide not to hold a hearing will be where:","marks":[],"data":{}}]},{"nodeType":"unordered-list","data":{},"content":[{"nodeType":"list-item","data":{},"content":[{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"There are admissions by a party which provide a sufficient factual basis on which to proceed;","marks":[],"data":{}}]}]},{"nodeType":"list-item","data":{},"content":[{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"There is other evidence available to the court that provides a sufficient factual basis on which to proceed;","marks":[],"data":{}}]}]},{"nodeType":"list-item","data":{},"content":[{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"The nature and extent of the allegations, if proved, would not be relevant to the issue before the court; and","marks":[],"data":{}}]}]},{"nodeType":"list-item","data":{},"content":[{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"Most often, where a separate fact-finding hearing would be neither necessary nor proportionate in all the circumstances of the case. In these cases, an issues if abuse will be dealt with at the final hearing and considered in the round.","marks":[],"data":{}}]}]}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"What happens at the fact finding hearing?","marks":[{"type":"bold"}],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"At the hearing both sides will present evidence and give their version of events. The evidence at the hearing may include:","marks":[],"data":{}}]},{"nodeType":"unordered-list","data":{},"content":[{"nodeType":"list-item","data":{},"content":[{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"Witness statements","marks":[],"data":{}}]}]},{"nodeType":"list-item","data":{},"content":[{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"Medical or police reports","marks":[],"data":{}}]}]},{"nodeType":"list-item","data":{},"content":[{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"Reports or assessments from professionals like social workers or family court advisors","marks":[],"data":{}}]}]}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"The court will listen to all the parties and ask questions to clarify details. Itâs essential that all relevant information is presented and within the time limits set out in any directions order, as this can affect the courtâs final decision on the case if relevant evidence is excluded.","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"Do You Need Legal Representation? ","marks":[{"type":"bold"}],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"Although parties can represent themselves and s
26ometimes do, we would strongly recommend that you are for at least this portion of your court case. Family court cases, especially those involving serious allegations that justify a fact finding hearing, can be stressful, emotional and complex and may require chasing various agencies for supporting information.","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"Our family law solicitors and family law barristers can help you prepare your evidence, ensure your voice is heard, and guide you through the legal process.","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"They can also represent you at court on the day(s) of the hearing and cross-examine the other party to help establish your version of the events. Where there is a participation direction, either you or the other party may be prevented from questioning the other party and so it is best that you have a legal representative to do that for you.","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"How the Court Reaches a Decision","marks":[{"type":"bold"}],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"Unlike criminal court cases, which require proof âbeyond reasonable doubt,â family courts as civil courts operate on the balance of probabilities. If it is more likely than not that an allegation happened, then the court will make a finding that it did. At a fact finding hearing the court will not make a finding that something may have happened: it either did or did not.","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"After reviewing all the evidence and hearing submissions (a summary of the law and evidence) the judge will make a finding. If the court finds any of the allegations are true, it can affect the decision about who the children are to live with and the contact the children have with the perpetrator of the abuse.","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"What Happens After a Fact-Finding Hearing?","marks":[{"type":"bold"}],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"Once the facts are established, the court moves on to making decisions about the familyâs future. It will normally disclose the findings to a family court adviser to prepare a welfare report about how the steps needed to protect the children. This might include supervised visits or restrictions on contact with the abusive parent to indirect contact or no contact at all in the most serious of cases.","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"R","marks":[],"data":{}},{"nodeType":"text","value":"ead our ","marks":[],"data":{}},{"nodeType":"hyperlink","data":{"uri":"https://www.blackantelopelaw.com/case-study/case-study-child-arrangements"},"content":[{"nodeType":"text","value":"child arrangements case study","marks":[],"data":{}}]},{"nodeType":"text","value":" where a fact finding hearing was ordered to see what the outcome was in that scenario.","marks":[],"data":{}}]}]}},"title":"What is a fact finding hearing in the family court?","slug":"what-is-a-fact-finding-hearing-in-the-family-court","categories":["Family"],"publishedDate":"2024-10-14T00:00:00.000Z","seo":{"ogImage":null,"title":"Family Court Fact Finding Hearing | PD12J","description":"What is a fact finding hearing and when will the family court order one? Your FAQS answered","ogTitle":null,"ogDescription":null,"ogType":"Website"}},{"sys":{"firstPublishedAt":"2023-02-10T20:53:33.890Z"},"body":{"json":{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Can your business afford to give away £60,000? Or pay an unlimited fine? Thatâs the new reality for any UK businesses found to be employing illegal workers in breach of immigration laws, under new government provisions.  ","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"If having to pay up to £60,000 per illegal worker could substantially affect the stability of your business, it is important that as an employer employing or seeking to employ migrants you ensure that your workers have the right to live and work in the United Kingdom. Migrantsâ right to work should be constantly monitored and checked in line with changes in Immigration Rules even after their employment c
26ommences as part of an employerâs standard responsibilities. ","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[{"type":"bold"}],"value":"What happens if you as an Employer do not comply with the Immigration Rules?","nodeType":"text"},{"data":{},"marks":[],"value":" ","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"As an employer, you can now be fined up to £60,000 per illegal worker as a civil penalty for employing any person without the right immigration status. Your organisationâs details may also be published by Immigration Enforcement as a warning to other businesses not to employ illegal workers as part of the government'sâ¯quarterly","nodeType":"text"},{"data":{"uri":"https://www.gov.uk/government/collections/employers-illegal-working-penalties#guidance-and-codes-of-practice"},"content":[{"data":{},"marks":[{"type":"underline"}],"value":"â¯illegal working penalties reports","nodeType":"text"}],"nodeType":"hyperlink"},{"data":{},"marks":[],"value":". ","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"Even worse, if you are found guilty of knowingly employing an illegal worker who you know or had reasonable cause to believe did not have the right to work in the UK, then you will commit a criminal offence and may face up to 5 yearsâ imprisonment and an unlimited fine if your case is dealt with at the Crown Court.  ","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"Illegal workers include: students with expired visas, students working more hours than theyâre allowed to, people who have a right to work but only in certain jobs and job sectors, and people who work on a visitorâs visa. These are just a few examples, but there are many more circumstances that you may not be currently aware of! ","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"The sanctions that are imposed on any employer for hiring a migrant with no immigration status are serious and severe, with repercussions having the potential to damage any organisationâs revenue and reputation. As an employer you must therefore check that a job applicant or a current employee is allowed to work for you in the UK ","nodeType":"text"},{"data":{},"marks":[{"type":"underline"},{"type":"bold"}],"value":"before","nodeType":"text"},{"data":{},"marks":[],"value":" you employ them, and you should ensure that you have the right sponsorship licence in place before you take on an employee. ","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"You can find out how to check a job applicantâs right to work at the following link: ","nodeType":"text"},{"data":{"uri":"https://www.gov.uk/check-job-applicant-right-to-work"},"content":[{"data":{},"marks":[{"type":"underline"}],"value":"Checking a job applicant's right to work - GOV.UK (www.gov.uk)","nodeType":"text"}],"nodeType":"hyperlink"},{"data":{},"marks":[],"value":"  ","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[{"type":"bold"}],"value":"How can Black Antelope Law help your organisation?","nodeType":"text"},{"data":{},"marks":[],"value":" ","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"We provide clear and concise advice on all aspects of business immigration law in the United Kingdom with results that will allow you to: ","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Employ and maintain the right of workers for your organisation ","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Avoid any negative publicity and damage to your organisationâs reputation ","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Make visa applications and/or applications for an extension of stay and settlement ","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Undergo audits in the workplace to combat illegal working and any subsequent disciplinary issues ","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Avoid any criminal and civil sanctions that might otherwise be enforced upon you ","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Challenge the imposition of a Civil Penalty Notice if your employees are alleged to be working illegally ","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"}],"nodeType":"ordered-list"},{"data":{},"content":[{"data":{},"marks":[],"value":" Our business immigration service includes keeping you up to date on relevant immigration law changes which may affect your specific organisation. We will provide you with all the relevant materials and our team will always be on hand to advise you accordingly. Your needs can be discussed in a no-obligation meeting with a simple c
26onsultation to assess the status and structure of your organisation and its compliance with the current immigration laws.  ","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"Should you or your business require our assistance, we are available via telephone at: 0330 223 3105 or email: [email protected]  ","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"document"}},"title":"The Duty of UK Businesses to Prevent Illegal Workers","slug":"the-duty-of-uk-businesses-to-prevent-illegal-workers","categories":["Immigration"],"publishedDate":"2024-08-30T00:00:00.000Z","seo":{"ogImage":null,"title":"Law Blogs | Employing Illegal Workers","description":"Can you afford the penalty for employing illegal workers in breach of immigration law? Read how we can help protect you.","ogTitle":null,"ogDescription":null,"ogType":null}},{"sys":{"firstPublishedAt":"2023-08-18T08:50:20.686Z"},"body":{"json":{"nodeType":"document","data":{},"content":[{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"The average time between filing a claim and repossession of a property through a warrant of possession by County Court bailiffs has been declining over the past 12 months, indicating an improvement in efficiency, with timescales expected to be approximately 37.1 weeks (for January to March 2023) according to the Ministry of Justice report. ","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"However, in May 2023, the Central London County Court, the capital's largest court, has announced the suspension of bailiff appointments for the foreseeable future, due to health and safety concerns relating to personal protective equipment (PPE). This means that landlords will face a potential setback, due to the newly inflated timescales between filing a claim and securing a warrant of possession. ","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"Several landlord websites have reported a significant reduction in bailiffs' caseload, with one bailiff reporting an 80% reduction in caseload and some others offering only limited services during this suspension period. ","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"Although some critical services remain in place during the suspension, many cases do not qualify as âcriticalâ, and some landlords may wish to consider other available options to avoid the delays experienced within the County Court bailiff repossession process. ","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"What other options are available?","marks":[{"type":"underline"}],"data":{}},{"nodeType":"text","value":" ","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"One option to consider may be using a High Court Enforcement Officer (HCEO). Using a HCEO has been a viable and efficient alternative to using County Court bailiffs to evict tenants from residential properties. ","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"How would I apply to use a High Court Enforcement Officer?","marks":[{"type":"underline"}],"data":{}},{"nodeType":"text","value":" ","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"Permission is required from the County Court to transfer the possession order to the High Court to obtain a writ of possession. Applications for permission can be requested under s.42 County Courts Act 1984. We would always recommend that you seek legal advice before submitting any application or engaging in any form of legal proceedings. It is extremely important that the application is made correctly with the right supporting information, ore otherwise the application will be rejected and further time lost. ","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"If the tenant is also in arrears with their rent, a claim for money can be made either at the time of applying for the possession order or afterward, with a court fee.  Once the writ of possession has been obtained, the tenants are given notice of eviction. In the event that the tenants do not vacate the property, an eviction is scheduled with a High Court Enfor
26cement Officer in attendance.  ","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"What are the benefits of using a High Court Enforcement Officer? ","marks":[{"type":"underline"}],"data":{}},{"nodeType":"text","value":" ","marks":[],"data":{}}]},{"nodeType":"ordered-list","data":{},"content":[{"nodeType":"list-item","data":{},"content":[{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"An expedited eviction process: The HCEO initiates the procedure immediately upon receiving the writ. ","marks":[],"data":{}}]}]},{"nodeType":"list-item","data":{},"content":[{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"100% success rate: Occupants are always removed, and the property is returned to the owner. ","marks":[],"data":{}}]}]},{"nodeType":"list-item","data":{},"content":[{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"Stringent health and safety protocols: All enforcement agents possess comprehensive training, qualifications, body-worn video equipment, and full PPE. ","marks":[],"data":{}}]}]}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"What are the expected timescales when using a High Court Enforcement Officer? ","marks":[{"type":"underline"}],"data":{}},{"nodeType":"text","value":" ","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"In accordance with the Ministry of Justice report, the average time between obtaining the possession order and obtaining the warrant is 20 weeks.   If you are a landlord and would like advice regarding whether instructing a High Court Enforcement Officer is the right option for you, or if you are a tenant who has been served with a notice of eviction by a High Court Enforcement Officer and require assistance with exploring the options available to you, we would recommend seeking legal advice at the earliest opportunity, especially when dealing with a matter as time-sensitive as possession. ","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"At Black Antelope Law, we have a highly experienced property law team, who specialise in dealing with possession claims, acting for both landlords and tenants, and are able to assist you throughout the entire process. 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26,"marks":[],"value":"The aggregate value of the claim where two or more claimants have started a claim against the same defendant using the same claim form ","nodeType":"text"},{"data":{},"marks":[{"type":"italic"}],"value":"and","nodeType":"text"},{"data":{},"marks":[],"value":" each claimant has a distinct claim against the defendant.","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[{"type":"bold"}],"value":"Assignment of Complexity Bands","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"Cases that are allocated to either the Fast Track or Intermediate Track will also be assigned a complexity band, unless section VIII of CPR Part 45 applies. The more complex the claim, the greater the allowable costs.","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"Parties are allowed to agree the complexity band that a claim is assigned to, subject to the power of the court to assign a different complexity band taking to account the r26.13 matters referred to above. ","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"On the Directions Questionnaire (DQ), parties must state: (i) either the agreed complexity band; or (ii) their suggested complexity band together with their evidence in support.","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"CPR r26.15 contains a Fast Track complexity band table setting out the complexity band for different types of claims. It would be impracticable to reproduce the table in full, but some of the most notable claims would ordinarily be classed as follows:","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"Possession claims â complexity band 3;","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"Housing disrepair claims â complexity band 3;","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"Money claims â complexity band 3;","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"Complex possession and housing disrepair claims â complexity band 4","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"Property and building disputes â complexity band 4;","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"Professional negligence claims â complexity band 4;","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"Any complex fast track claim â complexity band 4.","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"CPR r26.16 contains the Intermediate Track complexity band table. Again, it would be impracticable to reproduce the table in full, but unlike the table for the Fast Track the guidance is not based on the types of claims, but rather on the features of the claims, e.g. the number of issues in dispute, and whether there are serious issues of fact or law.","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"Once a claim has been allocated to a track, the court will serve notice on all the parties. However, a claim may be subsequently reallocated track and assigned a complexity band on application by the parties or through the courtâs own initiative. Civil practitioners should note that specifically in relation to intermediate track claims, once a claim has been allocated to that track and a directions order made, the court may only reallocate the claim if there are exceptional reasons to justify doing so.","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"In terms of reassignment to a different complexity band, it mut be shown there has been a change of circumstances since the assignment and the court deems the change of circumstances justify reassignment.","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[{"type":"bold"}],"value":"The fixed costs under the Fast Track","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"","nodeType":"text"},{"data":{"uri":"https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1151886/frc-cpr-pd-45-draft-early-publication.pdf"},"content":[{"data":{},"marks":[],"value":"Table 12 to Practice Direction 45","nodeType":"text"}],"nodeType":"hyperlink"},{"data":{},"marks":[],"value":" sets out the amount of fixed costs in the fast track and as well as the complexity bands mentioned, there are also distinctions drawn between the stage at which a claim settles or is decided. For example: ","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Stage A â claims that settle prior to the claim being issued under Part 7;","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Stage B â claims that are issued under Part 7 but settle or are discontinued before trial;","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Stage C â claims that are disposed of at trial.","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"}],"nodeType":"unordered-list"},{"data":{},"content":[{"data":{},"marks":[],"value":"The amount of recoverable costs are a mix of fixed costs, plus a percentage figure based on the amount of damages agreed or recovered.","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"Trial advocacy fees are based on the value of the claim and there are very few variations between the complexity bands or sometimes not at all, which is curious.","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"There is also the introduction of fixed costs for post issue advice in writing or in conference of £1,000 and £500 for drafting a statement of case.","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"Table 14 to Practice Direction 45 sets out the amount of fixed costs in the Intermediate Track and the basis of costs is also a mix of fixed costs and a percentage figure. The amounts payable to counsel for post issue advice in writing or in conference or drafting a statement of case is higher, £2,000 for the two under Bands 1 \u0026 2, or £2,300 OR £3,500 in Bands 3 \u0026 4 depending on whether counsel is also instructed to draft a defence to a counterclaim. ","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"Under the Intermediate Track there are more litigation stages:","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Stage 1 â pre-issue up to and including the date of service of the defence;","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Stage 2 â specialist legal advice post-issue in writing or in conference or drafting a statement of case;","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Stage 3 â from the date of service of the defence to the CMC or the date of the directions order;","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Stage 4 â from the end of Stage 3 to the date set for the inspection of documents;","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Stage 5 â from the end of Stage 4 up until the later of the date for service of witness statements or expert reports;","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Stage 6 â from the end of Stage 5 up until the pre-trial review or up to 14 days before the trial date, whichever is earlier. ","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Stage 7 â specialist legal advice in writing or in conference following the filing of a defence;","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Stage 8 â from the end of Stage 6 up to the date of trial","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Stage 9 â attendance of a legal representative that is not the trial advocate at trial per day;","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Stage 10 â advocacy fee for day 1 of trial;","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Stage 11 â refresher advocacy fees;","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Stage 12 â handing down of reserved judgment;","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Stage 13 â alternative dispute resolution (ADR);","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Stage 14 â attendance by counsel at ADR as per Stage 13;","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Stage 15 â approval of settlement for a child, unless the settlement is approved at trial.","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"}],"nodeType":"unordered-list"},{"data":{},"content":[{"data":{},"marks":[{"type":"bold"}],"value":"Conclusion","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"It will not be easy for civil litigators to make informed decision on whether to take cases on under the new fixed recoverable costs regime. I anticipate that a lot more anxious scrutiny will have to be undertaken of c
26ases and their quantum in particular as this will play a significant role in the track and complexity band a claim will fall into.","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"Furthermore, it is anticipated that clients will want to undertake a costs benefit analysis of the difference between the costs they will be charged for legal services versus the recoverable costs. ","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"The rules on the assignment and reallocation of claims and in particular the exceptionality requirement is likely to see a number of reported decisions as Judge and lawyers try to establish relevant principles to provide a better steer as the current guidance is very vague. ","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"","nodeType":"text"},{"data":{"uri":"https://www.blackantelopelaw.com/our-people/simao-paxi-cato"},"content":[{"data":{},"marks":[{"type":"italic"}],"value":"Simao Paxi-Cato","nodeType":"text"}],"nodeType":"hyperlink"},{"data":{},"marks":[],"value":"","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"document"}},"title":"Extension of Fixed Recoverable Costs","slug":"extension-of-fixed-recoverable-costs","categories":["Civil litigation"],"publishedDate":"2023-04-24T00:00:00.000Z","seo":{"ogImage":null,"title":"Law Blogs | Fixed Recoverable Costs | CPR Fixed Costs","description":"View our fixed recoverable costs table to work out whether the extension of the CPR fixed costs regime applies to you.","ogTitle":null,"ogDescription":null,"ogType":null}},{"sys":{"firstPublishedAt":"2023-04-23T19:23:45.193Z"},"body":{"json":{"nodeType":"document","data":{},"content":[{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"Valentina, a Year 12 A-level student, recently completed a four day mini pupillage with Black Antelope Law. She was keen to get hands on experience of immigration law and human rights practice. ","marks":[{"type":"italic"}],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"In her own words, Valentina wanted to share her ","marks":[{"type":"italic"}],"data":{}},{"nodeType":"text","value":"experience","marks":[],"data":{}},{"nodeType":"text","value":" of her time with us.","marks":[{"type":"italic"}],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"What did you do and learn on your mini pupillage?","marks":[{"type":"italic"},{"type":"bold"}],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"I have learned a lot about immigration law, by researching guidance on how to deal with vulnerable clients and how to guide clients through the legal process. I have understood the amount of care that must be applied when dealing with all clients, especially those of which are vulnerable. ","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"By learning how to guide immigration clients through the legal process, I have understood the many steps involved with the legal process, such as identifying the clientâs situation and the clientâs choice of provider. This has given me a better understanding of how the law works in practice and how complex the legal system is.","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"I was also privileged enough to gain a further insight on how the law works in practice by going to the Central London County Court. By going to court for the first time and watching ","marks":[],"data":{}},{"nodeType":"hyperlink","data":{"uri":"https://www.blackantelopelaw.com/our-people/simao-paxi-cato"},"content":[{"nodeType":"text","value":"Counsel Simao Paxi-Cato","marks":[],"data":{}}]},{"nodeType":"text","value":" in action, I was able to understand the importance of the role of a Barrister, such as being on top of important details which a judge will focus on and updating the solicitor after court. ","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"This experience has been incredibly beneficial as it also meant that I read the ","marks":[],"data":{}},{"nodeType":"text","value":"Prest v Petrodel Resources","marks":[{"type":"underline"}],"data":{}},{"nodeType":"text","value":" case in preparation for the hearing, in which I began to familiarise myself with important legal principles and terms. While reading legal cases can be over
26whelming, especially as I am yet to begin my degree in law, anything I wasnât sure of was clearly explained to me. ","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"Although my primary interest was immigration and human rights when I applied for work experience, throughout my mini pupillage, I have been able to do work in different areas of law, which has provided me with a greater understanding of the breadth of law and it has also meant that I can start to think about which specific areas of law interest me most. ","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"Finally, the experience has helped me understand how there are many significant jobs in a legal practice and that everyone in an organisation must all act together to ensure that cases succeed. ","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"What was the benefit of completing a mini pupillage at this stage of your education?","marks":[{"type":"italic"},{"type":"bold"}],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"Because of this experience, I was able to ask myself important questions about my future within the legal profession as to whether the Barrister route is suited to me. ","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"I believe that the experience of going to court and reading legal documents has put me in a great position when applying for university and has cleared up any uncertainty, I previously had regarding studying law at university. Being able to see how the law works in real-life has increased my interest in law not only as a degree but also as a profession.","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"I have been able to see the reality of having a career in law and the amount of detail and care that it takes.  I have gained an excellent experience that I will carry with me throughout my academic journey as I complete my A-levels and begin university next year. ","marks":[],"data":{}}]}]}},"title":"What happens on a mini pupillage?","slug":"what-happens-on-a-mini-pupillage","categories":null,"publishedDate":"2023-04-21T00:00:00.000Z","seo":{"ogImage":null,"title":"Law Blogs | Guest Blog | Black Antelope Law Mini Pupillage ","description":"Valentina shares her experience of mini pupillage at Black Antelope Law and how it will benefit her in the future.","ogTitle":null,"ogDescription":null,"ogType":null}},{"sys":{"firstPublishedAt":"2023-03-25T14:17:18.364Z"},"body":{"json":{"nodeType":"document","data":{},"content":[{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"A recent instruction received by the family law team at Black Antelope Law demonstrated that there remains a lack of widespread public knowledge of the circumstances in which an overseas divorce will be recognised in transnational divorce cases. The âtransnational divorce trapâ is most encountered by individuals who are part of the Islamic and Jewish communities, but it is by no means limited to them.","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"What is a Transnational Divorce?","marks":[{"type":"underline"}],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"Put simply, this is where proceedings for a divorce are initiated in one country and finalised in another. The leading cases in this area have all involved situations where the divorce was initiated in England and finalised abroad.","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"In Islamic cases, this will involve the talaq divorce: the right of a husband to unilaterally to renounce his wife without showing cause and without having to go to court by announcing talaq three times. The divorce then becomes effective on a notice being sent to the chairman of the local union council and to the wife.","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"In Jewish cases, this will involve a Get of divorce: a writ of divorce in which the husband expresses his unqualified intention to divorce his wife and sever all ties with her. The Get is prepared by a certified expert and delivered to the wife. ","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"The Approach of the Courts","marks":[{"type":"underline"}],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"The first case to consider whether an overseas transnational divorce was capable of being recognised in England and Wales was the House of Lords decision in ","marks":[],"data":{}},{"nodeType":"text","value":"Re Fatima [1986] A.C. 527","marks":[{"type":"underline"}],"data":{}},{"nodeType":"text","value":". In that case, Ms Fatima was a Pakistani national who was engaged to a Pakistani national who was resident in the UK. Ms Fatimaâs fiancé, had been married in Pakistan in 1968 and believed his marriage had been effectively dissolved. However, on Ms Fatimaâs arrival in England to marry her fiancé, the immigration officer was not convinced that a divorce recognised in the UK had taken place. Furthermore, as a result of the immigration officer having taken the view that the issue could not be rectified within a reasonable period of time, Ms Fatima was refused leave to enter, a decision which she appealed.","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"The issue before the House of Lords was the appropriate construction of ss.2 \u0026 3 of the Recognition of Divorces and Legal Separations Act 1971, which the court determined had to be read together. Lord Ackner ruled that reading the two provisions together posed two essential questions:","marks":[],"data":{}}]},{"nodeType":"ordered-list","data":{},"content":[{"nodeType":"list-item","data":{},"content":[{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"Was the talaq divorce obtained by proceedings solely in Pakistan, or ","marks":[],"data":{}}]}]},{"nodeType":"list-item","data":{},"content":[{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"By proceedings partly in England and partly in Pakistan?","marks":[],"data":{}}]}]}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"If the answer to the question above is (2), did the talaq divorce qualify for recognition under the 1971 Act or was it a condition that the proceedings needed to completely outside the UK?","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"The court rejected the argument that a talaq was merely a manifestation of the wish to divorce. Instead, it found that the pronouncement of talaq was the first step in the relevant proceedings for the purpose of s.2 Divorces and Legal Separations Act 1971. Since in this case, the talaq divorce had been instituted in the UK and not in Pakistan, where the divorce was obtained, it was necessary for them to consider question t
26wo (on the basis of the House of Lords decision ","marks":[],"data":{}},{"nodeType":"text","value":"in Quazi v Quazi [1980] AC 744","marks":[{"type":"underline"}],"data":{}},{"nodeType":"text","value":", it was not in dispute that a finding under 1(a) would mean the divorce was recognised in the UK). ","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"On question two, their Lordships held that reading the two provisions together, there âmust be a single set of proceedings which have to be instituted in the same country as that in which the relevant divorce was ultimately obtainedâ. As a result, the appeal was dismissed.","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"The second major case to consider the transnational divorce was ","marks":[],"data":{}},{"nodeType":"text","value":"Berkovits v Grinberg v (Attorney-General intervening) [1995] Fam 142.","marks":[{"type":"underline"}],"data":{}},{"nodeType":"text","value":" In the case, the husband and wife were both Israeli citizens who had married in Israel. The husband later became resident and domiciled in England. Several years later, the husband wished to remarry and had a Jewish get of divorce written in England and delivered to the wife in Israel. Although the dissolution of the marriage was effective under the law of Israel, the Registrar-General of England advised that the divorce would not be recognised in the UK. ","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"As a result of this advice, a declaration was sought by a Rabbi and ecclesiastical judge (Dayan Berkovits), that under s.55 Family Law Act 1986, the Get would be recognised as a valid divorce obtained in Israel. The Grinbergs, the Respondents, did not participate in the proceedings. However, the Attorney-General appeared as an Intervener.","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"It was accepted by the parties to the case, that a divorce obtained via a Get is a divorce âby means of proceedingsâ as defined by s.46(1) Family Law Act 1986.","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"The court found that although it was the handing of the Get to the wife which actually dissolved the marriage under Israeli law, the writing of the Get was itself a matter of considerable importance and formality and therefore was undoubtedly a step in the proceedings. ","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"The court considered s.45 \u0026 s.46 Family Law Act 1986, the statute which replaced 1971 Act as governing the basis for the recognition of overseas divorces, annulments and legal separations:","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"\"","marks":[{"type":"italic"}],"data":{}},{"nodeType":"text","value":"Recognition in the United Kingdom of overseas divorces, annulments and legal separations.","marks":[{"type":"bold"},{"type":"italic"}],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"45. Subject to sections 51 and 52 of this Act, the validity of a divorce, annulment or legal separation","marks":[{"type":"italic"}],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"obtained in a country outside the British Islands (in this Part referred to as an overseas divorce,","marks":[{"type":"italic"}],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"annulment or legal separation) shall be recognised in the United Kingdom if, and only if, it is entitled","marks":[{"type":"italic"}],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"to recognition - (a) by virtue of sections 46 to 49 of this Act, or (b) by virtue of any enactment other","marks":[{"type":"italic"}],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"than this Part.","marks":[{"type":"italic"}],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"\"","marks":[{"type":"italic"}],"data":{}},{"nodeType":"text","value":"Grounds for recognition.","marks":[{"type":"bold"},{"type":"italic"}],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"46(1) The validity of an overseas divorce, annulment or legal separation obtained by means of","marks":[{"type":"italic"}],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"proceedings shall be recognised if - (a) the divorce, annulment or legal separation is effective under","marks":[{"type":"italic"}],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"the law of the country in which it was obtained; and (b) at the relevant date either party to the marriage","marks":[{"type":"italic"}],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"- (i) was habitually resident in the country in which the divorce, annulment or legal separation was","marks":[{"type":"italic"}],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"obtained; or (ii) was domiciled in that country; or (iii) was a national of that country. . . . (3) In this","marks":[{"type":"italic"}],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"section 'the relevant date' means - (a) in the case of an overseas divorce, annulment or legal separation","marks":[{"type":"italic"}],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"obtained by means of proceedings, the date of the commencement of the proceedings; . . .\"","marks":[{"type":"italic"}],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":" It was clear in this case that the criteria in s.46 of the 1986 Act was satisfied. The issue was whether s.45 of the 1986 Act was satisfied, i.e., was the Get obtained in Israel an âoverseas divorceâ? The interpretation of ss.2 \u0026 3 of the 1971 Act in ","marks":[],"data":{}},{"nodeType":"text","value":"Re Fatima","marks":[{"type":"underline"}],"data":{}},{"nodeType":"text","value":"did not help as the wording in the two pieces of legislation were distinct. The court therefore had to decide was whether ","marks":[],"data":{}},{"nodeType":"text","value":"Re Fatima","marks":[{"type":"underline"}],"data":{}},{"nodeType":"text","value":"remained good law following the changes made by the Family Law Act 1986.","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"In the end, the court determined the answer was to be determined by way of statutory construction. It was noted and accepted by all parties that it had not been the intention of Parliament in passing the 1986 Act to alter the law relating to transnational divorces (as evidenced by the reports in Hansard), although Dayan Berkovitsâ position was that by legislative oversight, the effect of the 1986 Act was to overrule the decision in ","marks":[],"data":{}},{"nodeType":"text","value":"Re Fatima","marks":[{"type":"underline"}],"data":{}},{"nodeType":"text","value":". ","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"Ultimately, the court found that it was not straining language unduly to read \"obtained by means of proceedings\" and \"obtained in a country outside the British Islands\" where they occured in the same sentence as meaning \"obtained by means of proceedings in a country outside the British Islands.\"; that the reference to \"the date of the commencement of the proceedings\" could only refer to the proceedings by which the divorce was obtained; if there was only one set of proceedings, then the \"habitual residence\" requirement must be linked geographically not only to the country in which the proceedings were commenced, but also to the country in which the divorce was obtained. It was considered that this interpretation gave effect to the intention of Parliament.","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"The third and most recent consideration of transnational divorces, is the Court of Appeal decisionâs in ","marks":[],"data":{}},{"nodeType":"text","value":"Parveen v Hussain [2022] EWCA Civ 1434","marks":[{"type":"underline"}],"data":{}},{"nodeType":"text","value":".","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"The facts of that case can be briefly summarised. The wife was a national of Pakistan had had married her first husband (H1) in Pakistan. H1 was resident in England and after the marriage, had returned to live in England. Several years later, H1 pronounced talaq in England by letter. A âdivorce certificateâ was then provided by a mosque in England and sent to the wife and relevant authority in Pakistan. The relevant authority later issued a certificate stating the divorce was effective. As a result, under the law of Pakistan, the wife was permitted to marry her second husband (H2). ","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"The parties married in Pakistan and after several years, the wife came to England to live with H2. Ten years later, H2 started divorce proceedings and obtained a decree nisi. However, then later applied for the decree nisi to be rescinded by applying for a nullity petition on the basis that the wife remained married to H1 at the date of her marriage to H2.","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"The Court of Appeal found that while under English law, the wifeâs previous divorce was a transnational divorce that was not entitled to recognition under the Family Law Act 1986 applying ","marks":[],"data":{}},{"nodeType":"text","value":"Re Fatima","marks":[{"type":"underline"}],"data":{}},{"nodeType":"text","value":", s.45 Family Law Act 1986 did not state that if a divorce was not recognised, this meant a party would lack the capacity to remarry. ","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"Since there was no previous decision on this issue, the Court considered the answer could be found in s.14 Matrimonial Causes Act 1973, which deals with marriages governed by foreign law or celebrated abroad under English law and states that the validity of marriage should be decided in accordance with the rules of private international law. Determining whether the marriage was void required deciding whether priority should be given to the rule governing c
26apacity to marry or that governing the recognition of foreign divorces. ","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"Interestingly, the court decided it was not desirable to lay down a general rule of priority and that a flexible approach should be adopted: the outcome should be as justice required in the circumstances, but that the court should give weight to the general policy objectives of upholding the validity of a marriage to avoid creating a \"limping\" marriage, i.e. a marriage treated as in existence in one jurisdiction but not another.","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"On the facts of this case, it was held that justice meant that the question of the wife's capacity was governed by the law of Pakistan. The question of the validity of her previous divorce was also to be determined by the law of Pakistan, under which it was effective to determine her first marriage. That meant that the wife had capacity to marry H2 and that the marriage was not void under s.11(b) of the 1973 Act. In arriving at this decision, it was clear that the court took into consideration the fact that at the time of her first marriage, she was domiciled and lived in Pakistan. Taking into account all the circumstances, there was no reason why she should have been expected to obtain legal advice in England and, even if she had been able to do so, to commence divorce proceedings in England.","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"Discussion","marks":[{"type":"underline"}],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"Although the right decision was arrived at in ","marks":[],"data":{}},{"nodeType":"text","value":"Parveen","marks":[{"type":"underline"}],"data":{}},{"nodeType":"text","value":", the decision of the court to take a flexible approach to the priority of recognition will lead to continued litigation in cases where it is difficult to say what justice requires. For example, the decision may have been different if the wife had been aware of the law in England, even if the laws in Pakistan were different. If the wife had lived in England and the parties married in Pakistan and then one or more of the parties moved abroad, this may have made the answer a little more difficult to establish. It is noted that at the time of writing, the UK Home Officeâs policy guidance document âFamily Policy:\nPartners, Divorce and Dissolutionâ version 4 has yet to updated in light of the decision in ","marks":[],"data":{}},{"nodeType":"text","value":"Parveen","marks":[{"type":"underline"}],"data":{}},{"nodeType":"text","value":".","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"Ultimately, if you have married abroad and now live in a separate legal jurisdiction from your partner who you wish to divorce and/or believe you are divorced overseas and wish to remarry in England and Wales, it would be wise to take independent legal advice to avoid any unpleasant surprises. At Black Antelope Law, we have an experienced private family team specialising in divorce, including international divorce disputes, who can assist you, alongside our specialist immigration law team where relevant. Do not hesitate to give us a call. ","marks":[],"data":{}}]},{"nodeType":"paragraph","data":{},"content":[{"nodeType":"text","value":"","marks":[],"data":{}},{"nodeType":"hyperlink","data":{"uri":"https://www.blackantelopelaw.com/our-people/Simao-Paxi-Cato"},"content":[{"nodeType":"text","value":"Simao Paxi-Cato","marks":[{"type":"italic"}],"data":{}}]},{"nodeType":"text","value":" \u0026 ","marks":[{"type":"italic"}],"data":{}},{"nodeType":"hyperlink","data":{"uri":"https://www.blackantelopelaw.com/our-people/Jessica-Pinches"},"content":[{"nodeType":"text","value":"Jessica Pinches","marks":[{"type":"italic"}],"data":{}}]},{"nodeType":"text","value":"","marks":[],"data":{}}]}]}},"title":"Overseas Divorces - The Transnational Divorce Trap","slug":"overseas-divorces-the-transnational-divorce-trap","categories":["Family","Immigration"],"publishedDate":"2023-03-27T00:00:00.000Z","seo":{"ogImage":null,"title":"Law Blogs | Overseas Divorce or Transnational Divorce?","description":"Is my overseas divorce valid in the UK? Our family lawyers review the law on recognition of transnational divorces.","ogTitle":null,"ogDescription":null,"ogType":null}},{"sys":{"firstPublishedAt":"2023-02-20T16:06:56.731Z"},"body":{"json":{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[{"type":"bold"},{"type":"underline"}
26],"value":"Background ","nodeType":"text"},{"data":{},"marks":[],"value":"\r\n\r\nThe case of ","nodeType":"text"},{"data":{"uri":"https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/Fam/2023/58.html\u0026query=(timokhin)"},"content":[{"data":{},"marks":[],"value":"Timokhin v Timokhina [2023] EWHC 58 (Fam)","nodeType":"text"}],"nodeType":"hyperlink"},{"data":{},"marks":[],"value":" concerned proceedings for financial provision under Schedule 1 of the Children Act 1989. Schedule 1 applications are made to secure financial support for the benefit of a child or children. Under Schedule 1 of the Children Act 1989, the court has the power to make a variety of orders which may include: An order for a lump sum; an order for a property transfer or settlement of property and periodical payments. \r\n\r\nThe proceedings were issued by the Father, who was seeking financial provision from the Mother on behalf of the partiesâ two children aged 18 and 11, who had been residing in London with their father since 2018. The Respondent Mother resided in Russia and there had been no contact between the Mother with either of the partiesâ children since they had relocated to London. \r\n\r\nIt is important to note that both of the parties to the proceedings were extravagantly wealthy with the Mother owning property in Hampstead, London, which the Father estimated (due to a lack of disclosure from the Mother) to be worth approximately £6 million pounds and the partiesâ children had both experienced lavish lifestyles and private education during their time in the United Kingdom. \r\n\r\nUnder Schedule 1 Children Act 1989, the Father sought a variety of orders, including a lump sum order of £340,000 to cover costs he had incurred on behalf of the children such as school fees, staff expenses, tutors, drivers, and holidays dating back to 2018; and an unquantified sum for the childrenâs expenses dating back to 2018 as well as ongoing periodical payments. \r\n\r\n","nodeType":"text"},{"data":{},"marks":[{"type":"bold"},{"type":"underline"}],"value":"The Application Hearing","nodeType":"text"},{"data":{},"marks":[{"type":"underline"}],"value":" ","nodeType":"text"},{"data":{},"marks":[],"value":"\r\n\r\nAt the hearing of the Fatherâs application, the Judge made an order imposing a temporary stay on the Fatherâs application until (i) the partiesâ court case in Russia was determined, as those findings would be relevant to the Fatherâs application; and (ii) to allow the conclusion of any potential appeals by either party in their divorce proceedings. \r\n\r\nA costs order was also made against the Father to pay the Motherâs legal costs in the sum of £13,374.72. The Judgeâs reasoning for making a costs order was due to the fact that when issuing his Schedule 1 application, the Father had failed to take into account that there was insufficient information available to the court regarding the financial resources of each of the parties because the partiesâ divorce proceedings had not yet been resolved, which the court would need to be able to make any orders in respect of the Fatherâs Schedule 1 application as well as the fact that a breakdown in communication between the parties had led to cross-applications being made. \r\n\r\n","nodeType":"text"},{"data":{},"marks":[{"type":"bold"},{"type":"underline"}],"value":"The Permission to Appeal Hearing ","nodeType":"text"},{"data":{},"marks":[],"value":" \r\n\r\nThe Father appealed to the High Court against the orders of the Judge. The permission to appeal hearing was heard by Mrs Justice Roberts in December 2022. \r\n\r\nAt the hearing, it was decided that the order for a stay of the Fatherâs Schedule 1 Children Act application was justified on the basis that the scale of the Fatherâs existing wealth demonstrated that he did not desperately need financial assistance from the Mother in order to continue to provide the children with the privileged lifestyle that they currently and would continue to enjoy. \r\n\r\nThe Father had appealed the stay of the Schedule 1 proceedings on the basis of principle and his entitlement to look to the childrenâs mother in this case for an appropriate contribution towards the cost of raising their children due to her absence. It was the Fatherâs position that the Schedule 1 application was a âstraightforward piece of litigationâ, despite the property element of the Hampstead property being a major factor. Mrs Justice Roberts held that the Hampstead property was likely to prove a significant cause of disagreement between the parties and she therefore concluded that this factor alone removed the Schedule 1 application from being straightforward. \r\n\r\nIn terms of the costs order made against the Father, it was his position that the Judge had been wrong in principle to make an order against him. \r\n\r\nUltimately, permission to appeal was refused in relation to the stay of the Schedule 1 proceedings and the costs order made against the Father. \r\n\r\nIn relation to the stay, a clear conclusion was reached that the English court could not carry out an assessment of each partiesâ financial resources and/or conduct the balancing exercise required in the context of the Schedule 1 proceedings until the outcome of the Russian divorce proceedings, including the parties progressing through the financial remedies process and the revelation of the subsequent impact on the financial resources of each party. \r\n\r\nIt was further decided that the children of the parties would not experience any financial prejudice as a result of this decision which was the overriding objective. Mrs Justice Roberts explained that she could not see any basis upon
26which the Judgeâs decision to stay the Schedule 1 proceedings had been wrong as the Fatherâs Schedule 1 proceedings could effectively proceed once the outcome of the partiesâ divorce was finally determined. \r\n\r\nIn terms of the appeal against costs, Mrs Justice Roberts concluded that Judgeâs decision to make a costs order against the Father was supported and justified by the fact that whilst the Mother had not succeeded in her applications to strike out the Fatherâs schedule 1 proceedings, the Judge had taken the view that the Father could have avoided the burden of the Motherâs costs at the application hearing if he had made sensible proposals, including an acceptance that the Schedule 1 proceedings should be stayed pending resolution of the Russian divorce proceedings. \r\n\r\n","nodeType":"text"},{"data":{},"marks":[{"type":"bold"},{"type":"underline"}],"value":"Discussion","nodeType":"text"},{"data":{},"marks":[],"value":" \r\n\r\nOn the facts of this particular case, the Fatherâs application was premature and/or had there been more constructive communications between the partiesâ legal representatives, a costs order could have been avoided by the Father. \r\n\r\nIf you are considering a Schedule 1 Children Act 1989 application and are unsure on how the relevant legal principles and procedural framework would apply to your particular circumstances or simply have any related questions, then please feel free to contact a member of our family team today who will be able to assist you. \r\n\r\n","nodeType":"text"},{"data":{},"marks":[{"type":"italic"}],"value":"Jessica Pinches ","nodeType":"text"},{"data":{},"marks":[],"value":"\r","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"document"}},"title":"Schedule 1 Children Act Applications - Timokhin v Timokhina [2023] EWHC 58 (Fam)","slug":"schedule-1-children-act-applications-timokhin-v-timokhina-2023-ewhc-58-fam","categories":["Family"],"publishedDate":"2023-01-19T00:00:00.000Z","seo":{"ogImage":null,"title":"Law Blogs | Premature Schedule 1 Children Act 1989 Applications","description":"When should I make a Schedule 1 application? Get your timing wrong and it could have costs consequences as in Timokhin.","ogTitle":null,"ogDescription":null,"ogType":null}},{"sys":{"firstPublishedAt":"2023-02-10T21:10:02.662Z"},"body":{"json":{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"After many years of campaigning for a âno fault divorceâ, the governmentâs ","nodeType":"text"},{"data":{"uri":"https://www.legislation.gov.uk/ukpga/2020/11/contents/enacted"},"content":[{"data":{},"marks":[],"value":"Divorce, Dissolution and Separation Act 2020","nodeType":"text"}],"nodeType":"hyperlink"},{"data":{},"marks":[],"value":" was finally passed in June 2021 with the changes due to come into effect from 6 April 2022.The new divorce system aims to modernize the divorce process into the 21st Century with the aim of avoiding assigning âblameâ to the other spouse, i.e. alleging fault. ","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"The idea is that by introducing a no fault divorce process, this will reduce conflict and its inevitably damaging effect on both the partiesâ wellbeing and any children of the relationship. ","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"The breakdown of a marriage/civil partnership is an emotionally draining situation for all couples and applying for divorce relying on the fault of one party under the current system often increases conflict, which then leads to high levels of solicitor involvement and therefore higher legal costs.","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"Currently under the pre April 2022 divorce regime, couples are required to prove to the court that their marriage/civil partnership has broken down irretrievably due to one of the following five facts:","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Behaviour;","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Adultery;","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"5 Years Separation without consent;","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"2 Years Separation; or","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Desertion","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"}],"nodeType":"unordered-list"},{"data":{},"content":[{"data":{},"marks":[],"value":"As of 6 April 2022, as a result of changes made to the Matrimonial Causes Act 1973/Civil Partnership Act 2004 by the Divorce, Dissolution and Separation Act 2020, couples will no longer need to prove fault or rely on any of the above five facts.","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[{"type":"italic"},{"type":"underline"}],"value":"What will change in April 2022?","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"The irretrievable breakdown of a marriage/civil partnership will be the sole reason for a couple choosing to file for a divorce.","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"As well as an individual application supported by a statement, the new law introduces the ability for a couple to provide a signed joint statement confirming that their marriage has broken down irretrievably. In either case, this will be used as conclusive evidence by the court to make an order for divorce and the ability to contest a divorce, dissolution or separation will be removed.","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"The language using during the divorce process will be updated and simplified: the âDecree Nisiâ will become a âConditional Orderâ and the âDecree Absoluteâ will become a âFinal Orderâ.","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{}
26,"marks":[],"value":"There will be a new â20 week cooling off periodâ. This means that the new minimum time period from submitting a statement will increase to 20 weeks instead of the previous 6 weeks and 1 day. This allows for both parties time to agree arrangements surrounding the divorce such as finances, property and child arrangements. After this period, a âConditional Orderâ is granted by the courts.","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"}],"nodeType":"ordered-list"},{"data":{},"content":[{"data":{},"marks":[{"type":"italic"}],"value":"What will the above changes mean going forwards?","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"By removing the blame on one party, it is intended that the new Act will help increase the likelihood of resolving divorce matters outside of court, which will make getting a resolution faster and more cost effective. If youâre unsure about how the new divorce system will affect you or if youâre thinking about applying for a divorce, our highly experienced team of family lawyers are here to guide you every step of the way to ensure that you reach your desired conclusion.\n","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"document"}},"title":"The No Fault Divorce from April 2022","slug":"the-no-fault-divorce-from-april-2022","categories":["Family"],"publishedDate":"2021-11-22T00:00:00.000Z","seo":{"ogImage":null,"title":"Law Blogs | Divorce | What Is The No Fault Divorce Law?","description":"Want to know what is a no fault divorce? Read our summary of the changes to getting divorced in the UK from April 2022.","ogTitle":null,"ogDescription":null,"ogType":"Website"}},{"sys":{"firstPublishedAt":"2023-02-28T15:28:21.846Z"},"body":{"json":{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"An individualâs right to claim compensation following a breach of the General Data Protection Regulation (GDPR) is given effect in section 168 of the Data Protection Act 2018 (DPA 2018). An equivalent right is provided in section 169 for an infringement of the DPA 2018 which is not a contravention of the GDPR. Although the DPA 2018 does not assist with determining the amount of compensation, case law decided under its predecessor, the Data Protection Act 1998, continues to provide guidance.","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[{"type":"bold"},{"type":"underline"}],"value":"Overlap with other types of claim","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"Unsurprisingly, claims under the 1998 and 2018 Acts frequently overlap with claims for misuse of private information, negligence, and contravention of the right to privacy under Article 8 of the European Convention on Human Rights. If multiple causes of action succeed, the usual approach is not to distinguish between them when awarding damages (Crook v Chief Constable of Essex Police [2015] EWHC 988 (QB)). Claims are unlikely to succeed if the damages claimed under data protection legislation cannot be treated as arising separately from damages already compensated via an alternative cause of action (Crook v Chief Constable of Essex Police [2015] EWHC 988 (QB)).","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[{"type":"underline"},{"type":"bold"}],"value":"Damages for distress","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"It is well-established that damages under the 1998 and 2018 Acts may include full compensation for monetary loss and personal injury, including causation of mental illness. But what about distress caused by infringements of data privacy? The early case of Campbell v Mirror Group Newspapers [2002] EWHC 499 (QB) signalled that damages awarded for distress following a data privacy infringement would be limited. The defendant newspaper had published photographs of the claimant leaving a Narcotics Anonymous meeting along with an article containing details of her drug addiction and ongoing therapy. The High Court found that there had been a breach of the 1998 Act and awarded damages of £2,500.","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"By contrast, the High Court recently awarded £18,000 each for distress caused to two claimants whose data had been inaccurately featured in the infamous âSteele Dossierâ which alleged links between Vladimir Putin and Donald Trump (Aven and others v Orbis Business Intelligence Ltd [2020] EWHC 1812 (QB)).","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"The leading case in this area is now ","nodeType":"text"},{"data":{"uri":"https://www.bailii.org/ew/cases/EWHC/QB/2016/2217.html"},"content":[{"data":{},"marks":[],"value":"TLT v Secretary of State for the Home Department [2016] EWHC 2217 (QB)","nodeType":"text"}],"nodeType":"hyperlink"},{"data":{},"marks":[],"value":". At least two developments can be identified from this case. First, there is a threshold of distress below which damages in respect of distress alone may not be awarded. The court did not specify where this threshold lies, apart from to say the de minimis principle applies. Second, there is no reason why compensation for distress alone cannot run into many thousands of pounds.","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"\n\n","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"document"}},"title":"Compensation for Breach of a Subjectâs Rights under the Data Protection Act 2018","slug":"compensation-for-breach-of-a-subjects-rights-under-the-data-protection-act","categories":["Civil litigation"],"publishedDate":"2020-12-21T00:00:00.000Z","seo":{"ogImage":null,"title":"Law Blogs | Data Protection Act 2018 | Compensation","description":"Can you get compensation for breach of data protection? Read our review of the current approach of the courts.","ogTitle":null,"ogDescription":null,"ogType":null}},{"sys":{"firstPublishedAt":"2023-02-10T20:41:51.466Z"},"body":{"json":{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Taking a stronger hold on immigration policies and borders isnât a new agenda for the government. The Secretary of State for the Home Department, Priti Patelâs post-Brexit plan from January 1st 2021 for immigration undeniably proves this with a planned âpoints-based systemâ with an aim to reduce the number of immigrants coming into the UK. But what will this mean for workers?\r\n\r\nThe Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 received Royal Assent on 11 N
26ovember 2020 and freedom of movement will be replaced with a points-based system to allocate points to workers aspiring to earn a living in the UK based on skills, level of education and their standard of English, to give some examples. The higher the score, the better for those wishing to reside here. This system has various purposes, but Priti Patel has made great emphasis on the need to reduce the number of economically inactive people aged 16-64 in the economy, which is estimated at 8.6 million as of November. However, not all will fit into one category as to why people are unemployed. There are a variety of reasons and it could be that they are full-time students, retired or carers rendering them incapable of having a full-time job. The Office for National Statistics reinforces this as the majority of the 8 million have viable and valid reasons for being out of work such as illness and carer duties as mentioned above. So, will this policy aiming to select workers from the existing pool truly boost the employment rate and the economy from January and is there any vulnerability to job loss risks which existing EU national workers could face?\r\n\r\nThis policy will affect many job sectors including the healthcare sector. The health correspondent for the BBC, Nick Triggle has explained that foreign nationals currently make up a sixth of the 840,000 care workers in England alone. But as these workers are considered âlow-skilledâ, could this new policy effectively push them out? It seems that thousands of workers will not meet the threshold put in place by the government and Home Office as many do not have or hold A-Level qualifications or earn a high enough salary. On the contrary, the BBC highlighted earlier this year that the definition of âskilled workerâ would broaden to not only include graduates but also A-Level qualification, Scottish Highers and technical equivalents. But will a broadened definition of âskilled workersâ relax the system for EU nationals in certain sectors? In more labour orientated jobs such as the building sector, many of the workers come from other EU countries and have learnt their skills required for their work practically as opposed to solely education. This implies that they may not have the necessary A Level or equivalent qualification the government is expecting, despite these workers exceling in their respective field. The figures which state that EU nationals make up roughly 28% of construction workers in London strongly suggest that many workers of this industry could be at risk because of the points system as they may be unable to get visas. But this is not unique to the constructive sector as many fields will experience this same vulnerability.\r\n\r\nAs well as mere risk, the government have stated that EU migrants who lose their job will have to return to their home country, unless they have indefinite leave to remain. This confirms that visas will not be given to many workers already working in the UK unless they meet the said conditions.\r\n\r\nIt is clear this post-Brexit immigration plan will affect many workers as freedom of movement comes to a close for the UK. EU nationals who wish to come to the UK will almost certainly struggle much more than under the existing immigration rules. The lingering question is how much strain will it put and how much will it benefit the struggling economy?\r\n\r\nMany individuals in positions of hospitality, the labour market, seasonal work and plenty more may be unable to change their situation and be worried for their future as âlow-skilledâ or âeconomically inactiveâ. If you are in a similar position and are concerned for the assessment of your economic activity, please contact us for a consultation and speak to a member of our award winning Black Antelope Law Immigration Team.","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"document"}},"title":"The Impact of Brexit on the UK Immigration Rules","slug":"the-impact-of-brexit-on-the-uk-immigration-rules","categories":["Immigration"],"publishedDate":"2020-12-17T00:00:00.000Z","seo":{"ogImage":null,"title":"Law Blogs | The Impact of Brexit on the UK Immigration Rules","de
26scription":"Does Brexit affect immigration? Our immigration lawyers consider the impact on workers as freedom of movement ends.","ogTitle":null,"ogDescription":null,"ogType":null}},{"sys":{"firstPublishedAt":"2023-02-10T21:13:49.289Z"},"seo":null,"body":{"json":{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Spikes in divorce cases are not unusual during certain periods of the year, specifically September after the summer holidays and most often between December and January, right after Christmas. This is partly due to the amount of time families spend together, but usually as a result of the stress (both financial and otherwise) that the festive season can bring.","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"The experience of our family law team this year has been that the coronavirus pandemic has disrupted the seasonality of divorce and has been the cause of a significant rise in cases in 2020.","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"It is clear that social distancing measures and prolonged contact with a set household has created an anxious and uncertain environment for many.  Spending time in constant, close proximity for months can no doubt put extra strain on marriages which are already fragile.","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"The uptrend in divorces is supported by statistical evidence that shows rates at 33% in 2020, growing from roughly 7.5% in 2019. ","nodeType":"text"},{"data":{"uri":"https://www.bbc.co.uk/news/uk-england-54117821"},"content":[{"data":{},"marks":[],"value":"The BBC","nodeType":"text"}],"nodeType":"hyperlink"},{"data":{},"marks":[],"value":", quoting the charity Citizens Advice, reports that divorce guidance searches have risen since April 2020 with views up by 25% in September, compared with the same date in 2019,","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"Higher divorce rates are certainly a result of COVID-19 restrictions, but what is it in particular that has caused many to certify that their marriages have broken down beyond repair? Firstly, the pandemic has led to a struggling economy and now the first recession in 11 years. The loss of many jobs has no doubt left thousands with families struggling financially and relying on unemployment benefits. The unemployment rate for July to September was 4.8% which is 0.9% higher than the previous year and 0.7% higher than the previous quarter, according to the Office for National Statistics. The financial burdens have pushed many marriages to what feels like the brink.","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"Secondly, many marriages have come to the decision for divorce after a rise in domestic violence cases to exceptional numbers. Calls to the National Domestic Abuse Helpline were running at 49% higher than normal three weeks after the lockdown was introduced. There are countless reasons for divorce, but there are strong figures to suggest that the lockdown has led to these two main causes of the rise in divorce.","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"No time apart at work or the opportunity to speak with friends and family has made it extremely difficult to cope and to escape from growing tensions. For some couples, there were previous problems which have been amplified during the lockdown. For others, who were happily married up until now, frequent arguments with their spouse which would not have normally arisen has gotten the best of them.","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"Lockdown is an exceptionally exhausting time for everyone, and it is important for couples not to make any hasty decisions, as the vast majority of couples in our experience report difficulties with their mental health as part of the process of separation, notwithstanding our advice and support and commitment to adopting a constructive approach in dealing with family law disputes. Some tips we recommend for keeping healthy relationships in your household are:","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Clear communication to avoid misunderstandings and unnecessary bickering;","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Keeping physical space between you, where needed, and allowing the other space to recharge and breathe;","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Keeping in contact with friends and family over video calls etc. so that you do not feel trapped or alone. Socialising is a vital activity which has been disrupted and can be a significant cause in turmoil;","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Seek or suggest marriage counselling for advice and assistance if you are considering separation or you are finding it difficult to cope and need to help or guidance. As a firm, we are always happy to support clients at an early stage to explore alternative dispute resolution options.","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"}],"nodeType":"unordered-list"},{"data":{},"content":[{"data":{},"marks":[],"value":"Alternatively, there is mediation, with large numbers of providers offering options online. ","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"Parties are required to attend a Mediation Information Assessment Meeting (MIAM) prior to making an application to court to see if mediation could be used to resolve any problems to avoid court altogether. The assessment will last around 45 minutes and you may be eligible for Legal Aid or free mediation. The purpose of a MIAM is to see if mediation is suitable and will tell you what mediation is, the likely benefits etc. If the MIAM concludes mediation is not appropriate, a legal application to court can commence.","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"Alternative dispute resolution options also have the benefit of saving the parties costs, a significant consideration during a recession when financial uncertainty and long-term job security is a particular concern.","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"If you have to go to court because you have exhausted all the alternative options or because non-court dispute resolution is unsuitable, e.g. there has been domestic abuse, the Black Antelope Family Law Team are here to advise and support you during this difficult time. To discuss alternative dispute resolution options or how to proceed with your divorce, please contact our Family Law Team.","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"document"}},"title":"Divorce and Relationship Breakdown during the Coronavirus Pandemic","slug":"divorce-and-relationship-breakdown-during-the-coronavirus-pandemic","categories":["Family"],"publishedDate":"2020-12-03T00:00:00.000Z"},{"sys":{"firstPublishedAt":"2023-02-28T16:18:07.856Z"},"body":{"json":{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[{"type":"bold"},{"type":"underline"}],"value":"What is an EPC?","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"An Energy Performance Certificate (EPC) provides detailed information on a propertyâs carbon dioxide emissions and energy efficie
26ncy. The EPC assessment takes account of the following features in properties:","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Lighting","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Windows","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Boilers and heating systems","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Fireplaces","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"The floor and wall areas of the property","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Solar panels","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Wind turbin","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Roofs, walls, and insulation","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"}],"nodeType":"unordered-list"},{"data":{},"content":[{"data":{},"marks":[],"value":"Grade A is the most energy-efficient with Grade G being the least energy efficient.","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[{"type":"bold"},{"type":"underline"}],"value":"The History of EPCs","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"Private rental properties in England and Wales have required an EPC ever since October 2008. On 1st April 2018, the Minimum Energy Efficiency Standards Regulations (MEES) came into force. As a result, the minimum EPC rating for all new tenancies and renewal tenancies became an EPC rating of E or above.","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"Since 1st April 2020, MEES has applied to all tenancies, not only to rental properties of new tenancies or renewals.","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"The effect of MESS means that if your rental property did not have a valid EPC rating of E or above on the relevant date that the minimum standard came into force, it was incapable of being legally let.","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"Landlords of properties of F and G EPC rated homes are currently required to invest or co-invest to improve properties to the minimum standard of E if third-party funding is either unavailable or insufficient. However, the amount that landlords are required to spend on improvements is capped at £3,500 inc VAT. If this is not enough to bring a property to the minimum standard, a temporary exemption for up to 5 years is available to landlords where the works are not technically advisable or financially feasible.","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[{"type":"underline"},{"type":"bold"}],"value":"The Governmentâs Latest Consultation","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"On 30 September 2020, the Government published a new consultation, ","nodeType":"text"},{"data":{"uri":"https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/934534/prs-consultation-2020.pdf"},"content":[{"data":{},"marks":[],"value":"âImproving the Energy Performance of Privately Rented Homes in England and Walesâ","nodeType":"text"}],"nodeType":"hyperlink"},{"data":{},"marks":[],"value":", which closes on 30 December 2020. One of the driving factors for the consultation is the fact that the domestic private rental sector now accounts for 20% of all households and has been on the rise for the last 10 years.","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"The consultation has a preferred scenario for the improvement of the energy performance of privately rented homes and consists of four proposals or elements:","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"1. Upgrading the minimum standard of energy performance from EPC Band E to C â 67% of privately rented homes have an EPC Band below C;","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"2. A staged introduction of a single EPC target of Band C to apply to all new tenancies from 1 April 2025, and to all tenancies from 1 April 2028, so as to limit the disruption to landlords and tenants and to allow landlords sufficient time to install multiple measures at the same time, rather than to do this in a piecemeal fashion;","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"3. Increasing the maximum investment cap from £3,500 inc VAT to £10,000 inc VAT â it is anticipated that the average spend by landlords will be £4,700 inc VAT per property;","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"4. Launching a âfabric firstâ approach to energy performance advancements. Fabric first is a general principle that looks to improve the fabric efficie
26ncy of a building before looking at heat and electricity generation. This approach would mean that landlords would no longer be allowed to install recommended EPC measures in any order of preference and would instead be required to apply measures in the following order: i) insulation; ii) heating and hot water; iii) windows and door upgrades, and iv) electricity generation measures.","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[{"type":"underline"},{"type":"bold"}],"value":"Who Will Meet the Costs?","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"Ultimately, those expected to deal with, or meet the costs of the new EPC standard are landlords. Due to the proposals of this consultation, it is expected that a number of landlords may choose to leave the sector or will increase current rents before the new standards come into effect in order to finance the extra costs. This is due to the increase in the investment amount per property.","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"This will of course impact tenants, who may not be able to afford the increase, and further legislation might be needed to exclude these costs from being passed on.","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[{"type":"underline"},{"type":"bold"}],"value":"What Enforcement/Litigation Might We Expect?","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"The consultation seeks to strengthen enforcement options through assisting local authorities in the enforcement of minimum energy standards in the privately rented sector through multiple proposals such as:","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Allowing local authorities to examine properties;","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Increasing the penalty on non-compliant landlords to a fine of £30,000 from £5,000;","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Authorising local authorities to utilise EPC Open Data (which is currently limited to research use only), to be used for enforcement in the privately rented sector;","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Granting tenants the liberty to request the carrying out of energy performance improvements in cases where the landlords are non-compliant and giving them the right to request compensation from the landlord for paying higher energy bills;","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"},{"data":{},"content":[{"data":{},"content":[{"data":{},"marks":[],"value":"Introducing a compulsory requirement for a post-improvement EPC to be commissioned to demonstrate the landlordâs overall compliance.","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"list-item"}],"nodeType":"unordered-list"},{"data":{},"content":[{"data":{},"marks":[{"type":"underline"},{"type":"bold"}],"value":"How Our Firm Can Help","nodeType":"text"}],"nodeType":"paragraph"},{"data":{},"content":[{"data":{},"marks":[],"value":"Whether you need advice on the existing rules and regulations and relevant exemptions or would like to discuss how the proposed legislative changes might affect your current or future property purchases and invesments or rental plans, contact our specialist Property Law team for objective and cost-effective advice and assistance.","nodeType":"text"}],"nodeType":"paragraph"}],"nodeType":"document"}},"title":"EPC Requirements for Privately Rented Properties Consultation 2020","slug":"epc-requirements-for-privately-rented-properties-consultation-2020","categories":["Property"],"publishedDate":"2020-11-17T00:00:00.000Z","seo":{"ogImage":null,"title":"Law Blogs | What EPC Rating Does A Rental Property Need?","description":"What is the minimum EPC for a rental property? We review the potential impact of the government consultation on landlords.","ogTitle":null,"ogDescription":null,"ogType":null}}],"total":25}}},"actionData":null,"errors":null},"future":{"v2_dev":false,"unstable_postcss":false,"unstable_tailwind":false,"v2_errorBoundary":false,"v2_headers":false,"v2_meta":false,"v2_normalizeFormMethod":false,"v2_routeConvention":false}};</script>
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