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Month: April 2023

Is it time to talk about the finances?

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Is the current system for the resolution of financial settlements ‘past its sell-by-date?’ Baroness Deech has suggested that it is and has reintroduced the controversial Divorce (Financial Provision) Bill to the House of Lords. There has been an elephant in the room for a while now suggesting that the judicial discretion facilitated by the Matrimonial Causes Act 1973 has branded London as the ‘divorce capital of the world.’ The flexibility awarded by judicial discretion has encouraged several wealthy spouses to seek a divorce in our jurisdiction, in the hope of a more generous settlement.

Former Miss Malaysia, Pauline Chai filed for divorce from her multimillionaire husband in 2013 and was able to have her divorce heard in the UK as she had moved to Berkhamsted. She was successful in obtaining a settlement of £64 million to be paid by her former spouse. This is not an isolated occurrence and Princess Haya similarly filed for divorce in the UK from Sheikh Mohammed of Dubai.

This trend has not gone unnoticed, and Baroness Shackleton has further criticised the law for being ‘hopelessly out of date’ whilst being very vocal about her desire for reform. The Matrimonial Causes Act 1973 is celebrating its 50th birthday this year and it is not a surprise to many that the common perception of a typical family has undoubtedly changed.

Although the main provocation for this reform is the vast amount of judicial discretion that the financial outcome for both parties hinges on, it is worth acknowledging that this discretion is not entirely unfavourable. It shows that the law understands that there are various functioning family dynamics in our modern society. The current state of the law appreciates that there is no one size fits all approach, and the judges are able to use their discretion to reach a financial conclusion that reflects this. However, with flexibility comes a lack of certainty and it is widely accepted that different judges could reach a range of decisions from the same set of facts.

What are the main changes being proposed in the bill?

  • The reduction of spousal maintenance to maximum period of 5 years.

This would bring the English law more in line with the Scottish system which usually provides a maximum of 3 years for these periodical payments. It would also facilitate the court’s intention to establish a clean break as quickly as possible and encourage independence. It should be noted that there is a caveat that the period should only be exceeded if a party would be likely to ‘suffer serious financial hardship’ and that there are no other means of making a provision. However, this does appear to be a high threshold and it is uncertain at this stage what would meet it. Further to this, setting a precedent of five years could be undesirable for parties who have given up their careers to dedicate their time to raising the children and supporting their partner to fulfil their own career aspirations.

  • Making Pre-Nuptial and Post-Nuptial Agreements formally binding providing certain criteria are met.

This proposal may well be welcomed with open arms following the court’s attitude to marital agreements after the case of Radmacher v Granatino that was decided in the UK Supreme Court in 2010. The current state of the law enables pre and post-nuptial agreements to be considered as part of all of the relevant circumstances of the case when the court goes through the Section 25 factors to divide up the assets on a divorce. This landmark case confirmed that ‘the court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement.’ However, this has not been cemented in statute to date and this bill aims to do just that.

  • Revising the definition of matrimonial property and limiting the powers of the court to make orders to non-matrimonial property.

The bill aims to clearly identify at the outset what should be regarded as matrimonial property and suggests that primarily, only the assets that fit the definition should be divided between the parties. This approach appears to be methodical and will provide more certainty as to what is in the pot and can be subject to division.

The matter is currently with the Law Commission for review and we await the findings of the Scoping Report that is due to be published in September 2024.

For more information on the contents of this article, please contact Lucinda Holliday on 01494 478603 or via email at ljmh@blasermills.co.uk

Blaser Mills Law raises thousands in aid of the Thames Hospice

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As part of our Responsible Business initiative, we are committed to making a difference in our local communities. Those in the local area will know about the fantastic work of the Thames Hospice, and in 2022 our staff chose them to be our very worthy charity partner. Through various fundraising activities organised by the firm, we are delighted to announce that we have raised the fantastic sum of £5,339.

About Thames Hospice

Located on the beautiful Bray Lake, Thames Hospice has served the community for more than 35 years, offering world-class palliative and end of life care and support to people aged over 16 years across East Berkshire and South Buckinghamshire. Thames Hospice rely heavily on donations to allow them to operate, making us keen to support this fantastic organisation.

The money raised by us has already paid for 133 hours of one-to-one counselling sessions for bereaved families.

What we got up to

Throughout the year we managed to host some amazing events and activities. These included:

  • Charity golf day
  • 50 Miles in March walk
  • Charity wellbeing and yoga day
  • 350k steps in October

We also enjoyed numerous office fundraisers, including a delicious bake sale!

A thank you to all of those involved!

We would like to thank all our staff and those who joined us at the events, for helping us to fundraise and raise awareness for the amazing work that the Thames Hospice do. Each activity brought plenty of smiles and laughter as well as a great sense of achievement.

We would also like to thank the Thames Hospice for their support throughout the year. The team supported all our events, allowing us to meet some great individuals along the way.

“Everyone we met at Blaser Mills was so keen to get involved and help raise funds.  The golf and yoga days were great opportunities to meet staff and clients and helped to raise awareness in the community about the support we offer to families dealing with a bereavement. Thank you.” Jane Symmons, Major Gifts Associate Director.

To be continued

We look forward to continuing our relationship with Thames Hospice and already have some initiatives planned for the near future.

To find out more about Blaser Mills Law’s Responsible Business initiatives, click here.  

When may a disclosure at work be “protected”?

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Issues occur at work and are often of a personal or commercial nature, which are unlikely to be protected.  However, sometimes, they may affect others and possibly be safeguarded.

Certain disclosures of information at work may qualify the worker for protection against resulting detrimental treatment. 

What is a “qualifying disclosure”?

Broadly speaking, a qualifying disclosure is a disclosure of information which, in the reasonable belief of the worker, is made in the public interest and tends to show any of the following types of wrongdoing or failure:

  • Criminal offences.
  • Breach of any legal obligation.
  • Miscarriages of justice.
  • Danger to the health and safety of any individual.
  • Damage to the environment.
  • The deliberate concealing of information about any of the above.

The wrongdoing can be past, present, prospective, or merely alleged.

What is a “disclosure”?

The legislation is unclear about what amounts to a disclosure of information.  However, case law shows that the disclosure can be made in writing or verbally but must convey facts (and not mere allegations of wrongdoing).   

Is the disclosure “in the public interest”?

The relevant test is whether the worker had a reasonable belief that the disclosure was made in the public interest. In practice, this issue is fact sensitive.

When considering whether the worker had a reasonable belief, the Tribunal will consider: the size of the group whose interests the disclosure relates to; the nature of the interests in question; the extent to which those interests are affected by the wrongdoing disclosed; the nature of the alleged wrongdoing disclosed; and the identity of the alleged wrongdoer.    

What is a detriment?

The worker will suffer a detriment if they have been disadvantaged at work in the view of a reasonable worker because they have made a qualifying disclosure.

Interim relief

If the detriment was dismissal, then the aggrieved employee may apply, swiftly, for “Interim Relief”. This is an application which, if successful, will provide the employee with an immediate remedy of “reinstatement” or “re-engagement” or, if the employer disagrees with that, an order for “continuation of the employment contract” to continue their employment (or pay) to the final hearing. 

Our employment law specialists prepare whistleblowing policies, provide associated advice and representation in such claims. For further information or advice please get in touch with our employment team today.

Legal Aid widened to help more families in Complex Child Protection Proceedings

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Adam Smith, Senior Associate, discusses the recent changes in non-means and non-merits tested Legal Aid Funding for Public Family Law (Child Care and Child Protection Proceedings).

Last month, the Legal Aid Agency has brought more people into scope of Legal Aid for the first time in a significant period – to cover respondents to freestanding applications for Placement Orders, and applications for final Adoption Orders.

It has always been the case that when a Local Authority Children (Social Services) Department brought an application for a Care or Supervision Order in respect of a child, that child’s parents and anybody with parental responsibility for the child would be entitled to non-means and non-merits tested Legal Aid.  However, this has now been extended to situations where:-

  • The parents are opposing the making of an order that their child should be ‘put up’ for adoption (applications for a Placement Order)
  • They are opposing (or seeking permission to oppose) the making of an Adoption Order itself, when an application is brought by the adoptive parents to make the adoption final. 

Often, Local Authorities applied for Placement Orders and Care Orders at the same time, so legal aid funding could cover both. However, the new funding will cover situations where a child that is already under a Care Order might have their Care Plan changed to become “adoption” later down the line.  It will also give parents one last opportunity to explain to the Court why their child should not be adopted at the point that the final adoption application is made.

This Legal Aid funding always used to be subject to a strict means and merits test but will now be available to anybody, on a non-means and non-merits tested basis.  In short, it does not matter how much money you have or how good or bad the case is, you should be able to get free legal representation if you oppose the application. 

There is a pending increase in Legal Aid funding concerning Special Guardianship as well as for parents who are trying to oppose the making of a Special Guardianship Order.  However, these changes will not come online until May.

If you would like to discuss whether your case may be eligible for non-means and non-merit tested Legal Aid, under the new rules or the old ones, then please do contact Adam Smith on ats@blasermills.co.uk, 01923 725013 to explore your options.

You can read the Legal Aid Agency update here.

Blaser Mills Law welcomes new Construction partner

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Blaser Mills Law is delighted to welcome Lewis Cohen as Partner in the Dispute Resolution team. With over 25 years of experience in the field of Construction & Engineering, Lewis brings extensive expertise and a proven track record of success to the firm.

Lewis acts for a range of commercial developers, residential homeowners, main contractors, and specialist sub-contractors as well as a number of consultants including architects, engineers and interior designers. Having previously worked in City firms, his clients are predominantly based in London and the Home Counties.

Lewis trained as a specialist litigator undertaking High Court Litigation, Adjudication, Mediation, and International Arbitration. He obtained an MSC from Kings College London in Construction Law and Arbitration and a Diploma in Adjudication from the RICS. He is also recognised as a specialist in the field of Construction Insolvency.

In his new role at Blaser Mills Law, Lewis will be responsible for leading a specialist unit to advise on all matters related to Construction & Engineering. He is comfortable drafting and negotiating contracts and is often called upon to troubleshoot difficult projects.

Lewis’s broad range of experience and deep knowledge of the industry will allow us to better service the requirements of our clients.  

Jonathan Lilley, Executive Chairman and Head of Property Litigation commented: “Lewis is well known to the firm, having acted alongside us for clients over a number of years. His knowledge and experience in the Construction industry is second to none and his appointment brings additional strength in depth to our property litigation team”.

Lewis Cohen added: “I am thrilled to join Blaser Mills Law and look forward to working alongside the excellent team to expand the department further”.

Blaser Mills Law very much welcomes Lewis, and we look forward to him making a positive contribution to the partnership.

If you would like to speak with Lewis on any Construction matters, please get in touch on 07956 964466 or email lnc@blasermills.co.uk.