nesar, Author at TV EDWARDS
TV EDWARDS SOLICITORS LLP

Cyber-Risk, Data Breach & Dispute – Why Privacy Litigation Is the Next Big Corporate Headache

Read the latest TV Edwards news, recent cases and blog posts by our expert solicitors.

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4 November 2025
Adam Haffenden
Partner - Head of Dispute Resolution
Blog Dispute Resolution

For London businesses, digital innovation has become both a lifeline and a liability. From fintech start-ups in Shoreditch to global banks in Canary Wharf, reliance on data is now fundamental to operations. But with that reliance comes vulnerability, data breaches and cyber-attacks are no longer rare technical issues, they are routine business risks with legal and reputational stakes that are escalating fast.

A Rising Tide of Disputes

The Information Commissioner’s Office has stepped up enforcement, with large fines issued against firms failing to safeguard customer information. At the same time, group litigation has surged. Claimant firms are increasingly bringing collective actions on behalf of thousands of affected customers. High-profile examples, such as the British Airways and Marriott cases, highlight how quickly a breach can escalate into mass claims.

London’s courts have become a global hub for these disputes, not least because the UK’s legal system is perceived as both claimant-friendly and commercially sophisticated. The result, businesses of all sizes, not just multi-nationals, are facing heightened exposure.

Why Is Litigation Growing

Three key factors make privacy disputes more common and more complex:

  • Regulatory Pressure – The UK GDPR and Data Protection Act 2018 create strict obligations. Failure to comply, even inadvertently, can attract penalties and investigations that often trigger parallel civil claims.
  • Public Awareness – Customers are more aware of their rights. A single breach can quickly lead to reputational backlash and co-ordinated legal action.
  • Litigation Funding – The rise of litigation funders has made collective actions viable, increasing the likelihood that claims will proceed to court.

The Costs Beyond the Fine

It is tempting to see a data breach as a regulatory issue alone. Yet litigation risk often exceeds the immediate cost of ICO fines. Defending legal actions, managing insurers, and negotiating settlements can drag on for years. Furthermore, the reputational fallout, loss of consumer trust, shareholder disputes, and scrutiny from partners, can dwarf the financial pain.

For SME’s, the risk can be enormous. A single cyber-incident can absorb management focus, drain resources, and erode competitive edge. Larger corporates, face the compounding challenge of cross-border exposure, as a London-based breach can trigger proceedings across multiple jurisdictions.

ADR on the Rise

Interestingly, businesses are increasingly exploring arbitration and alternative dispute resolution (ADR) to manage cyber-related conflicts, particularly in B2B contexts. Confidentiality, speed, and specialist expertise make these routes attractive compared to public court battles.

Contractual drafting is shifting accordingly. Cyber-risk clauses, indemnities, and dispute resolution provisions are being tightened. Many London companies are now embedding mediation or arbitration as the default mechanism for supplier and partner disputes linked to IT or data handling.

What London Businesses Should Do

To navigate this environment, businesses should consider a three-pronged approach:

  • Prevention – Invest in cyber-security infrastructure, conduct regular audits, and ensure data protection compliance is embedded across operations. The cost of preparation is invariably lower than the cost of litigation.
  • Plan for Disputes – Review contracts to ensure robust cyber-risk allocation and consider ADR clauses. Pre-agreed pathways can reduce uncertainty and litigation costs.
  • Transparent Action – In the event of a breach, swift and transparent action is essential. Co-ordinated communication with regulators, customers, and insurers can mitigate reputational damage and reduce litigation risk.

The Bigger Picture

London’s business environment thrives on trust, between companies and customers, employers and employees, suppliers and partners. Cyber-incidents strike at the core of trust, making disputes inevitable. While regulation and litigation will continue to develop, the businesses that succeed will be those that treat dispute resolution not as a last resort but as an integral part of risk management.

In short, privacy litigation is not just a legal issue, it is a reality of business. For London companies, ignoring it is no longer an option.

This article was first published in London Business Matters in November 2025.

Disclaimer: The information on the TV Edwards website is for general information only and reflects the position at the date of publication.

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Dispute Resolution Solicitors
TV EDWARDS SOLICITORS LLP

Domestic Abuse Awareness Month

This month is not just about raising awareness- it is about sending a message of solidarity and compassion.

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29 October 2025
Fateha Ahmed
Solicitor
Blog Domestic Violence Family

This Domestic Abuse Awareness month, we take time to stand alongside survivors, families, and communities affected by domestic abuse. At TV Edwards LLP we believe that everyone deserves to live free from fear, and we are dedicated to helping those who need support, safety, and understanding.

Domestic abuse is not always visible. It can happen to anyone, in any relationship, at any stage of life. It may be physical, emotional, sexual or financial. It can look like constant criticism, control over money, isolation from loved ones, threats, physical harm or harmful cultural practices.

Whatever form it takes, domestic abuse is never acceptable. Everyone deserves to feel safe and respect in their own home and in their relationships.

Taking the first step to seek help can feel overwhelming, especially when someone has been made to feel powerless and afraid. We want people to know: you are not alone. There are people ready to listen, to support you, and to help you rebuild your safety and confidence.

At TV Edwards LLP, our family and domestic abuse specialists work with compassion and care. We listen without judgment and help you explore your options clearly and safely. For those who need immediate legal protection, we can act quickly to secure:

  • Non Molestation Orders to prevent contact or harassment
  • Occupation Orders to help you remain in your home and exclude the abuser
  • Forced Marriage Protection Orders- to stop or prevent a forced marriage
  • Female Genital Mutilation Protection Orders- to protect from harmful cultural practices
  • International Child Abduction Orders- to prevent children from being taken overseas without permission
  • Advice on Child Arrangements and safeguarding

We can also guide you in accessing legal aid where available, and connect you with trusted local organisations for emotional and practical support.

At TV Edwards, we are more than lawyers, we are allies. We stand alongside our clients at some of the most difficult times in their lives, helping them to regain safety, security and hope.

This month is not just about raising awareness- it is about sending a message of solidarity and compassion. Together, we can create a community where everyone feels safe to speak out, seek help, and move forward.

If you are in immediate danger, always call 999.

If you would like to speak to our family law team at TV Edwards LLP, we are here to help. We will also be available to speak to in the coming months at the One Stop Shop in Tower Hamlets.

Contact us at 020 3440 8000 or email family@tvedwards.com for confidential advice and support.

Disclaimer: The information on the TV Edwards website is for general information only and reflects the position at the date of publication.

TV EDWARDS SOLICITORS LLP

Understanding the implications of the Employment Rights Bill

Major changes are on the horizon for UK employers, and early preparation will be key to minimising risk.

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14 October 2025
Abigail Williams
Solicitor
Blog Employment Law

The Employment Rights Bill is a major piece of UK legislation introduced by the government to overhaul employment law. Its aims are to modernise workers’ rights, address insecure work, improve fairness in the labour market, and enhance protections for employees. The Bill is currently going through Parliament and implementation is expected around autumn 2026, although many measures will require secondary legislation and/or further consultations.

Key elements of the Bill include the following (but which are not limited to):

  • Ending exploitative zero-hours contracts and “fire & rehire” practices;
  • Giving employees rights to unfair dismissal from day one of their employment (removing the current 2-year service requirement);
  • Strengthening statutory sick pay and removing the waiting period before the same applies, as well as removing the lower earnings and broader eligibility for low‑earning workers;
  • Day‑one rights for paternity, parental leave, and bereavement leave;
  • Flexible working to become the default unless there is a good business reason to refuse;
  • Obligations on larger companies regarding gender pay gaps, menopause support, and protections for pregnant women and new mothers; and
  • Establishing a Fair Work Agency to centralise enforcement of rights like holiday pay, sick pay, etc.

Impacts on employers

We detail, below, some of the main considerations that employers should begin considering.

Cost of labour and employment costs:

One of the most immediate impacts of the Employment Rights Bill on employers will be the rise in employment costs. By introducing statutory sick pay (SSP) from day one, removing the lower earnings limit for SSP, and broadening eligibility, many businesses (especially those employing low-paid or casual workers) will face significantly higher costs. Additionally, workers on zero-hours contracts will be entitled to request more predictable hours based on their work history, while new entitlements like statutory bereavement or parental leave will increase the financial and administrative burden. Sectors like hospitality, retail, and social care are likely to be hit the hardest. Employers will also likely need to invest in better absence tracking systems, revise payroll policies, and plan ahead for the budgetary impact of these changes.

Flexibility and workforce planning:

The Bill also affects how employers plan and manage their workforce. With flexible working becoming a day-one right and employers required to accommodate requests unless there is a strong business justification, staffing decisions will need to become more structured and transparent. For those relying on short-notice shift pattern (again, common in hospitality and retail), this will create a significant challenge. New requirements for reasonable notice on shift changes, and compensation for cancellations, will reduce employer flexibility. Employers will likely need to adopt better forecasting tools and shift planning systems to manage these demands.

Unfair dismissal and probationary periods:

The introduction of unfair dismissal rights from the first day of employment marks a significant change from the current two-year qualifying period. While the Bill is proposed to introduce a nine-month probationary period to help employers assess new hires, businesses will still need to exercise far greater caution during onboarding and performance management. The risk of legal claims will increase, particularly for early terminations, which will likely mean that detailed record-keeping and well-structured performance reviews will be essential. 

Compliance and enforcement:

A new Fair Work Agency will be established to centralise enforcement of workers’ rights such as sick pay, holiday pay, and fair scheduling. This means employers will face more active oversight and potentially harsher penalties for non-compliance. Companie (especially SMEs without large HR departments) will need to stay up to date with complex and evolving legal standards. This will likely require increased legal or HR consultancy, more frequent training for managers, and a review of employment policies and systems to avoid exposure to fines or reputational damage. Larger employers may need to appoint dedicated staff or teams to manage compliance.

Recruitment, retention, and productivity:

Although the Bill introduces new challenges, it could also yield benefits in terms of staff retention and productivity. A more secure and fairly treated workforce may result in lower turnover, better morale, and improved performance. Employers who adapt early and embrace the new framework may see competitive advantages. On the other hand, the increased cost and complexity of hiring could make some businesses more risk-averse, particularly regarding new recruitment. This may lead to slower hiring, a shift to automation, or more outsourcing. However, well-implemented changes could improve employer reputation and attract top talent.

Impact on SMEs (Small and Medium Enterprises):

Smaller businesses are expected to feel the effects of the Employment Rights Bill more acutely. They often operate with tighter margins, less administrative capacity, and limited HR expertise. The fixed costs of compliance (such as implementing new sick pay policies, responding to flexible working requests, and handling legal risks) may disproportionately burden SMEs. Some may need to pause hiring, scale back operations, or seek external HR/legal support. It’s expected that the government will provide phased implementation or support schemes to help SMEs transition, but early planning and risk assessment are crucial for small employers to remain compliant without sacrificing growth.

Potential risks / challenges:

  • Legal uncertainty / grey areas: Because many measures depend on secondary legislation or consultations, some of the exact rules aren’t yet fixed. Employers might find themselves in difficult positions if guidance is delayed or ambiguous;
  • Tribunal claims: With day‑one rights for unfair dismissal, more claims are likely, especially during probation or early terminations. Tribunal system capacity and employer legal costs could rise;
  • Higher operational overheads: HR, payroll, compliance, scheduling and shift patterns will all need review and possible overhaul. There are therefore likely to be increased initial costs in labour, systems and staff time; and
  • Impact on business models: this will be especially so for sectors relying heavily on casual labour / zero‑hours workers (hospitality, retail, care, gig work etc.), or those needing high flexibility in staffing. Certain practices may become less viable, and some employers may respond by reducing hours, limiting hiring, or pushing more work onto fewer employees.

Potential benefits / positive impacts:

While much of this commentary is about costs and risks, there are also some likely benefits:

  • More stable, engaged workforce: Greater security, fairness and better protection will likely improve staff morale, reduce turnover and reduce recruitment / training costs;
  • Health & wellbeing improvements: With better sick pay, reduced pressure to work when ill, perhaps better working‑conditions / flexible work, employees’ wellbeing may improve, leading to fewer absences and better productivity;
  • Level playing field: Firms that already do the “right thing” may benefit if exploitative competitors are curbed. If all employers have to meet more or less the same standards, unfair competition on labour costs is reduced; and
  • Improved employer reputation: For many organisations, being seen as “good employers” helps with recruitment, public perception and retention.

What employers should do now to prepare:

To avoid being caught “off‑guard”, employers should consider the following:

  • Auditing existing employment contracts and practices: consider reviewing zero‑hours contracts, probation clauses, sick‑pay arrangements, leave policies and flexible work policies. Identify where contracts or practices may be out of line with the proposed new rules;
  • Evaluating the likely financial impact: Estimate what the changes may cost your business in terms of Statutory Sick Pay, guaranteed hours, leave etc. (including the administrative / HR compliance costs);
  • Updating HR / Payroll systems: Ensure that systems can handle day‑one sick pay, track hours properly (especially for zero‑hours / casual workers) and flexible work requests, etc;
  • Training managers and HR staff: Managers will need to understand the new rules (especially around unfair dismissal, flexible work, shift scheduling) to apply them properly;
  • Planning workforce / scheduling differently: If flexibility is limited, build more predictable schedules. Implement forecasting and buffer capacity, etc;
  • Monitoring legislation and guidance: Stay on top of secondary legislation, government guidance and consultations. Some details will change, and early implementation may require changes in policy first; and
  • Engaging with stakeholders: Communicate with employees, and possibly trade unions, about changes. Where possible shape implementation in ways that maintain morale, avoid surprises.

Conclusion:

The Employment Rights Bill is a major shift in UK employment law. For many employers, especially those in sectors with many flexible / low paid workers, the changes will mean higher costs, more regulation, and the need for greater operational discipline. However, there is also a potential upside in terms of staff retention, morale, fairness, and competitiveness in the long run. The success of the Bill (for employers as well as employees) will depend greatly on the details (secondary legislation and guidance), how well businesses adapt, and whether there is sufficient support (especially for smaller firms) to manage the transition.

How can we help:

With the Employment Rights Bill set to transform UK employment law, employers face significant changes to contracts, workforce management, and compliance obligations. Early preparation will be key to minimising risk and managing the transition smoothly.

At TV Edwards, our employment law team can help you review your current practices, assess the potential impact on your business, and implement practical steps to ensure compliance ahead of time.

Contact us on 020 3440 8000 or email abigail.williams@tvedwards.com to discuss how we can support your organisation.

Please note that the Employment Rights Bill is still in the Parliamentary consideration phase and therefore may develop and change as this proceeds. The above should therefore not be construed as legal advice and merely considerations as to what could be implemented.

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Enforcing Foreign Judgments in the UK: The 2019 Hague Convention Update

The first new framework for cross-border judgment enforcement since Brexit and marks a significant development for businesses and individual.

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3 October 2025
TV Edwards Blog
Blog Dispute Resolution Enforcing Foreign Judgments

Background & Entry into Force

The Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (Hague 2019) entered into force in the UK on 1 July 2025, following its ratification in June 2024 and enabling regulations adopted across England, Wales, Scotland, and Northern Ireland . The Convention marks the first new framework facilitating judgment enforcement between the UK and other states—especially EU countries—since Brexit .

Scope & Applicability

Hague 2019 applies strictly to civil or commercial judgments issued in proceedings commenced on or after 1 July 2025. Judgments arising from proceedings started earlier, or from excluded areas—such as family law, insolvency, intellectual property, defamation, wills and succession, arbitration, and interim measures (e.g., injunctions)—do not fall within its scope.

Key Advantages

1. Streamlined Recognition & Enforcement – Eligible judgments must be recognised without re-examination of the merits, subject only to limited refusal grounds .

2. Reduced Cost and Time – A more efficient route compared to past recourse through bilateral treaties or the common law—as well as costly duplicative litigation—thus supporting cross-border trade and mobility .

3. Legal Certainty – The Convention provides users with predictable enforcement outcomes, eliminating jurisdictional uncertainty .

Jurisdictional and Refusal Criteria

To qualify under Article 5 of Hague 2019, the originating court must have had jurisdiction based on recognised nexus to the defendant (e.g., consent, habitual residence, place of business) or subject matter connection. Grounds for refusal of recognition or enforcement under Article 7 include:

  • Improper service or notice of proceedings;
  • Judgments obtained by fraud;
  • Manifest incompatibility with public policy;
  • Conflicting judgments or overlapping proceedings.

Procedure in the UK

In England and Wales, enforcement follows the familiar Hague 2005 route but under updated rules: file an application to register the judgment in the High Court, supporting it with:

  • A certified copy of the judgment;
  • Evidence of proper notice (particularly for default judgments);
  • Documentation proving enforceability or effect in the origin state .

Once registered “without delay,” the judgment is recognised and enforceable like a domestic High Court judgment, with the successful applicant able to recover reasonable costs . The defendant cannot oppose registration, but may apply to set it aside.

Practical Implications & Next Steps

Contract drafting – There is now flexibility to include non-exclusive or asymmetric jurisdiction clauses, which can still lead to enforceable judgments under Hague 2019—unlike under Hague 2005, which only covers exclusive choice of court agreements.

Monitor expansion of contracting parties – Currently, Hague 2019 applies between the UK, EU (excluding Denmark), Ukraine, and Uruguay, with Albania, Montenegro, and Andorra joining in 2026 .

Review ongoing and past judgments – Proceedings that began before 1 July 2025 or that fall outside the Convention’s scope require reliance on older enforcement mechanisms—such as domestic recognition, bilateral treaties, or common law .

Summary

In summary, Hague 2019 introduces a modern, efficient, and predictable framework for enforcing eligible foreign civil and commercial judgments in the UK, replacing fractured post-Brexit systems. For judgments under its scope, it is the foremost enforcement route—but judicious consideration is required for others.

How we can help

For expert legal assistance on challenging a foreign judgment in the UK contact us for a free, no obligation initial discussion on 020 3440 8000 or email adam.haffenden@tvedwards.com

TV EDWARDS SOLICITORS LLP

Alzheimer’s Awareness Month 2025: The importance of putting Lasting Powers of Attorney in place

Putting LPAs protects your autonomy while giving your family peace of mind.

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30 September 2025
Christine Glynn
Solicitor
Blog Wills & Probate

As we mark Alzheimer’s Awareness Month, it’s a timely reminder of the importance of planning ahead, particularly when it comes to managing our financial affairs and health care decisions.

One of the most effective steps individuals can take is to put in place Lasting Powers of Attorney (LPAs). These are legal documents allow a trusted person (or people) to make decisions on your behalf if you were to lose mental capacity—whether due to Alzheimer’s, another form of dementia, or an unexpected accident or illness.

What happens if you don’t have an LPA?

Without an LPA, no one, not even a spouse or close relative, has the automatic legal right to manage your finances or make decisions about your care on your behalf. Instead, your family would need to apply to the Court of Protection for a Deputyship Order. This process is;

  • Time consuming: Often taking 6 to 12 months to be granted.
  • Expensive: Involves higher court fees, solicitor costs, and ongoing annual reporting charges even once the Deputyship has been granted.
  • More restrictive: Deputies have less flexibility and more obligations than attorneys under an LPA.
  • The Court chooses your Deputy: it is ultimately up to the Court of Protection to choose your Deputy (or Deputies).

During that time, your finances may be frozen, bills unpaid, and care decisions delayed adding significant stress to an already emotional situation.

The Benefits of Acting Early

Creating LPAs, both for Property and Financial Affairs and Health and Welfare, while you still have capacity ensures:

  • You stay in control by choosing who acts on your behalf.
  • Your wishes are known and can be respected.
  • You spare your loved ones from making difficult applications during a crisis.
  • You avoid delays and costs associated with court intervention.

An LPA is not just for the elderly, it’s for anyone who wants to plan ahead. Alzheimer’s and other conditions can affect people earlier than expected, and sudden illness or injury can happen at any age.

How we can help

In summary, we can’t predict the future, but we can prepare for it. Putting LPAs in place is a simple but powerful way to protect your autonomy and give your family peace of mind. If you haven’t yet made one, or need to review an old one, please to not hesitate to be in touch with  Christine Glynn our specialist Wills & Probate lawyer, to discuss your options and get started on securing your future. Call 020 3440 8000 or email Christine.Glynn@tvedwards.com.

Seeking legal advice ensures that the documents are prepared properly and are in line with your wishes.

Sooner rather than later is always better.

Disclaimer: The information on the TV Edwards website is for general information only and reflects the position at the date of publication.

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Lasting Powers Of Attorney Solicitors Wills And Probate Solicitors
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Directors’ Duties: Protecting you as well as your company

The Companies Act 2006 has codified certain common law and equitable duties for directors.

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20 August 2025
Abigail Williams
Solicitor
Blog Dispute Resolution

Whilst directors are responsible for the general day-to-day management of a company’s affairs and are authorised to exercise powers on the behalf of the company, the extent of that authority will likely be constrained by the Companies Act 2006 as well as the articles of association of the company.

Directors must therefore be conscious of the fact that they will be personally subjected to these statutory duties. In addition to this, the company itself is also subject to statutory controls and the directors are the persons responsible for ensuring that the company complies with those statutory requirements. 

The Companies Act 2006 has codified certain common law and equitable duties for directors and sets out the general duties of directors, which are as follows: 

  1. To act within powers in accordance with the company’s constitution and to use those powers only for the purposes for which they were conferred;
  2. To promote the success of the company for the benefit of its members (i.e. shareholders);
  3. To exercise independent judgement;
  4. To exercise reasonable care, skill and diligence;
  5. To avoid conflicts of interest;
  6. Not to accept benefits from third parties; and
  7. To declare any interest in any proposed transaction or arrangement.

These statutory duties should not be considered mutually exclusive and directors, for example and when considering whether a certain action is likely to promote the success of the company, will need to act with reasonable care, skill and diligence. Directors must also ensure that they are acting in accordance with the company’s memorandum and articles of association, even whereby a contrary course of action could be deemed to be promoting the success of the company.

Ordinarily, the company itself will need to take enforcement action against a director if there has been any breach of a duty (a decision to be determined by the board). A breach of a director’s duty typically gives the company a number of potential remedies including an injunction, damages or compensation.

In certain circumstances, an individual shareholder (or group of shareholders) can also bring a claim against a director for breach of duty on the behalf of the company in what is known as a derivative claim.

It must be borne in mind that a company director can be held personally liable in circumstances whereby losses incurred by the company are proven to be as the result of a poor board decision or a failure to act properly. Directors can also be held criminally accountable for acts, or lack thereof, of the company.

In certain circumstances where a director has acted in way which has breached a statutory duty, it may be possible that the breach can be ratified by resolution of the company’s shareholders. It may also be possible to seek a grant of relief from a court in circumstances whereby a director has acted honestly and reasonably.

If it is not possible to remediate the breach in the aforementioned way, the company may be able to offer assistance to the director by indemnifying them against any costs incurred in successfully defending a claim for breach of duties owed to the company (but this would be a decision for the board of directors, bearing in mind their own ongoing duties to the company). It may also be that the company has arranged insurance for the benefit of its directors (for example, Directors Liability Insurance).

The aforementioned statutory duties must also not be considered by directors in isolation as, in addition to these, directors are subjected to a wide range of regulatory and statutory measures including the Company Directors’ Disqualification Act 1986, the Health and Safety at Work etc Act 1974 and the Corporate Manslaughter and Corporate Homicide Act 2007. Directors should also bear in mind their obligations under the Insolvency Act 1986.

This article was first published in London Business Matters in August 2025.

Disclaimer: The information on the TV Edwards website is for general information only and reflects the position at the date of publication.

TV EDWARDS SOLICITORS LLP

Applying to the Court of Protection for an Immigration Representation Order

Our applications had real and tangible benefits for this highly vulnerable client group.

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10 July 2025
Joseph Borg
Trainee Solicitor
Blog Uncategorised

TV Edwards recently helped three clients who lacked the mental capacity to make immigration applications themselves to obtain “immigration representation orders” from the Court of Protection.  

First Case

X’s case was in the Court of Protection to challenge her deprivation of liberty standard authorisation. During these proceedings it was identified that X’s leave to remain in the UK had expired. Her family had attempted to seek professional support from an immigration advisor to progress her application with the Home Office. However, concerns were raised by the immigration advisor that X lacked capacity to understand her current immigration status and give instructions for her application to be progressed.

TV Edwards obtained directions from the Court of Protection for further capacity evidence to be obtained during the ongoing proceedings. This was for the purpose of identifying whether X could make decisions regarding her immigration matters including instructing a lawyer to progress her application to regularise her status in the UK. The outcome of these assessments was that X lacked capacity in these areas. Therefore, no progress could be made with her immigration application without a representative being authorised by the Court to make decisions about her immigration matters in X’s best interests. 

A close family member was identified as being appropriate to act as X’s proposed immigration representative. TV Edwards submitted an application to the Court of Protection asking the court to use its powers under section 16 Mental Capacity Act 2005 to authorise X’s family member as her immigration representative. This would permit the representative to instruct a lawyer to progress X’s application at the Home Office and conduct any associated proceedings. The application was on the grounds that X’s immigration status is a matter concerning her personal welfare.

The Court declared X did lack capacity and that appointing an immigration representative to make decisions that could regularise her status in the UK was in her best interests. The Court approved the order permitting X’s family member to make decisions in her best interests to advance her leave to remain application with the Home Office. This resulted in a positive outcome for X as after her application was completed, the Home Office granted her further leave to remain.

Subsequent Cases

Since X’s case, TV Edwards has successfully supported two other clients to obtain immigration representation orders from the Court of Protection.

In the case of Y, his leave to remain had also expired. We were able to obtain evidence that he lacked capacity to make decisions regarding his immigration matters and to instruct a lawyer to make the relevant application on his behalf. As with X’s case, Y’s application for an immigration representation order was also successful and a close family member was authorised by the Court to act as his representative.

More recently, TV Edwards successfully obtained an immigration representation order for our client Z who had an active asylum application with the Home Office. His immigration solicitor had obtained expert evidence which showed he lacked capacity to instruct her to progress his application and make submissions to the Home Office. That meant that his asylum application could not be progressed.

The immigration solicitor contacted TV Edwards to ask if we could assist. There were no live proceedings in the Court of Protection regarding Z and so, we had to make a new application to the Court of Protection. We used the same grounds as for X and Y and again, the Court made an immigration representation order appointing another professional involved in supporting Z to make decisions in his immigration matters. This allowed Z’s asylum application to proceed.

Potential New Ground

Our applications to the Court of Protection had real and tangible benefits for this highly vulnerable client group. Individuals who come to the UK seeking asylum are already incredibly vulnerable, but in cases where they lack capacity to progress their immigration matters, they are left in a precarious position.

Comments made by the Court in the case of X and other lawyers in Y indicate that TV Edwards has potentially identified an area of need that was not previously being met. In successfully obtaining immigration representation orders TV Edwards has had a hand in creating a legal remedy that can assist this vulnerable client group and ensure their needs can be met and their rights safeguarded. 

How can we help?

To find out more about how TV Edwards could help if you need support applying to the Court of Protection for an immigration representation order than please contact us at enquiries@tvedwards.com or speak to a member of our Social Welfare team on 020 3440 8000.

Disclaimer: The information on the TV Edwards website is for general information only and reflects the position at the date of publication.

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Court Of Protection Solicitors
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My Pride Month Story at TV Edwards

Happy Pride 2025.

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25 June 2025
Adam Shaw
Senior Associate Solicitor
Blog Criminal Defence

More years ago, than I would like to admit to, I was interviewed at the TV Edwards office, on the Mile End Road, for an interview for a paralegal role. I was offered the job and began my career in criminal law. The opportunities I would be given at the firm excited me and I could hardly wait to being working there.

It was the start of a wonderful learning curve, and I say with modesty, that I have grown into a very able and talented solicitor.

Around the same time, I also began what was a very personal journey. The fact of the matter is, I am a gay man. I had long suspected that I might be gay, and never quite felt like I had fully fitted in anywhere, meaning that I had not been able to come to terms with my own sexuality.

TV Edwards was an easy place to make friends and many of those I became friends with, will remain so for life. I had the good fortune to work with others from LGBTQ+ community and developed close ties to them too.

The firm has always had a caring Human Resources team, who I have always felt close to. The firm has a sense of community. The staff are warm and kind, which goes a long way towards creating a safe place to work.

I have never felt judged at TV Edwards and have always felt like I can be myself.

As my career progressed my personal life also changed. I came to terms with my sexuality. The first two people I came out to were two of my colleagues. They were supportive. I recall feeling a huge sense of relief. At TV Edwards, I have always felt comfortable talking about myself openly and free of judgment. It turned out that after all nobody at work cared whether I was gay or not. I will be eternally grateful to TV Edwards as in its own ways, gave me the opportunity to grow in confidence and become the very happy I am.

One of my greatest passions is representing members of the LGBTQ+ community. It is fair to say that anybody requiring my representation is on the wrong end of the law and in need of legal advice and representation. Often members of the community can feel marginalised in society, possibly have little or no family support, have a history of mental health problems, physical health issues or issues with addiction. LGBTQ+ client’s, in my experience, can find it more difficult to have trust in a society in comparison with other types of clients. I enjoy earning and building their trust. As a gay man myself, I can relate to LGBTQ+ client’s and that is important. It has been a privilege to represent clients from all walks of life. I have always felt a sense of accomplishment when I have achieved a good result for a client from the LGBTQ+ community. The case which stands out the most clearly in my mind is where a transexual client was terrified that they would be sent to prison. With careful mitigation they were not sent to prison and now live a good and happy life.

I have had my own journey, and in many ways, TV Edwards has been a part of that. I hope that I can help others on their own journeys.

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Taking Your Child Abroad: A Guide for Separated Parents

If parents are separated, arrangements for travelling abroad can become complicated.

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13 June 2025
Sarah Inchley
Partner
Blog Children Law Family

Planning on taking your child abroad on holiday outside England or Wales? If you’re a separated parent, there are some important things to consider. Read our expert advice from Family Partner Sarah Inchley who specilaises in children law.

The UK school holidays – whether summer, Easter or Christmas – are a time when many families plan to spend quality time together. However, if parents are separated, arrangements for travelling abroad can become complicated. Here’s what you need to know to keep your family trip legal and drama-free!

Key points:

  • If both parents have parental responsibility, you must get the other parent’s consent
  • Without your ex’s consent, taking your child abroad may be classed as child abduction
  • If consent is disputed, you can apply for a court order to allow or prevent travel
  • There’s an exception to the rule if you have a Child Arrangements Order (for 28 days)
  • Agree on arrangements early, share full travel details, and keep a written record

Read on to learn more about taking a child abroad, or contact an experienced child law solicitor today.

Do I need the other parent’s permission?

Yes, each person with parental responsibility for the child must consent to the trip before the child travels abroad. Ideally, consent should be in writing to avoid any future disagreements about what was agreed. 

You might also be asked to provide the other parent’s written consent to travel abroad when you leave the UK, or upon arrival in the other country. This can be a particular issue if your child doesn’t share your surname.

If you do take your child abroad without consent of the other parent, this would be classed as child abduction.

What is parental responsibility?

Parental responsibility means you have legal rights and duties relating to your children’s upbringing. These include providing a home for your child or being responsible for their education or medical treatment.

A child’s parents often share parental responsibility, but it may also apply to grandparents or guardians. If you’re the mother or father of a child, you will typically need to get the permission of the other parent first.

Many people do not realise that you need the permission of each person with parental responsibility for the children to take them abroad. In most circumstances, this is the other parent.

What if I have a Child Arrangements Order?

If you have a child arrangements order in place confirming that your child lives with you, you can take your child outside the jurisdiction (England and Wales), for up to 28 days without the other parent’s consent. 

However, you should inform the other parent of your intention to travel and still obtain their consent. It is a good idea to provide the following information to the other parent before travelling, to lessen any concerns:

  • Your departure and return dates
  • Your flight/travel information
  • Details of where your child will be staying for the duration of the trip

Up-to-date contact details for you and the child

What if the other parent refuses to give consent?

If you ask for consent to travel from the other parent, but this is unreasonably withheld, then you may need to make an application to court to take your child abroad. You will need a Specific Issue Order from the court.

If the matter comes before the court, the Judge will consider any objections raised to the child travelling abroad. This will include considering the reasons for the holiday and the proposed destination. 

The Judge will also consider any fear that the child may not be returned and evidence such as return tickets may have to be provided. Ultimately, the Judge determines what is in the child’s best interests and whether the child will benefit from the holiday, which in most circumstances of course they will.

Travelling abroad can be an exciting and enriching experience for a child. Even in the most acrimonious relationships, many parents will not stand in the way of their child having a nice holiday.

I’m worried my child could be abducted

If you are concerned your child could be taken abroad and not returned home, you can ask the court for a Prohibited Steps Order. This is an order that says the child must not be taken outside England and Wales.

If the judge decides that there is a real risk that the child will not be returned home, then he or she can make a prohibited steps order preventing travel abroad. It is much better to have a prohibited steps order before a child travels, rather than have to go to court to try to make the other parent return the child home.

In some circumstances, this may also involve orders using the High Court’s Inherent Jurisdiction to stop travel. For example, asking the Court to exercise its powers to seize passports and implement a port alert. 

The risks of parental child abduction are particularly high for international families with connections abroad and those in high conflict disputes. The consequences of child abduction can be devastating, with the ‘left behind’ parent not knowing where in the world their child is and when they will see them again.

If you have any concerns about your child being taken abroad without your permission, you should act upon those concerns by seeking legal advice.  

What if my child has already been taken abroad?

If your child has already been taken abroad, you need to act fast. Many countries, including the UK, are signatories of The Hague Convention 1980. This is an international treaty which provides a legal mechanism for the prompt return of the child who has been wrongfully removed or retained. 

This can however still mean a court case over international waters, which is never easy. For non-Hague Convention countries, a child’s return can be much more difficult.

What if I gave permission, but they’re staying longer than agreed?

A parent may have given permission for their child to travel abroad. Their return date can however be delayed by the other parent – whilst the initial travel was lawful, the failure to return the child as agreed is unlawful and is a ‘wrongful retention’.

If you are the ‘left behind’ parent, key advice is to act without delay to take urgent legal action to have your child returned. The sooner a parent takes legal action, the more likely the child will be returned.

A Hague Convention application has to be made within one year of the date of wrongful removal or retention. 

“Do not fall into the trap of agreeing an extended stay, which can drift from weeks to months to years and can ultimately mean a parent is out of time to make certain applications.” – Sarah Inchley

What if I want to take my child abroad permanently?

A holiday to your native homeland can trigger a decision that you wish to relocate permanently with your child.

If you cannot negotiate or mediate an agreement with your ex, you may have to ask the Court for leave to remove your child.

Whether you are the parent seeking to relocate or a parent seeking to keep your child in the UK, to maximize your chances of success, you should set out as much information as possible to the Court: 

  • What are the implications to the child’s welfare of the proposed move? 
  • What is the impact on the child’s relationship with the ‘left behind’ parent?
  • How can this be maintained?

Talk to our specialist family law solicitors

Should you need advice on travelling abroad with your child or have concerns about your children being taken abroad without your consent, we have a large expert team of lawyers who would be happy to assist.

We can be contacted on 0203 440 8000 or by email: family@tvedwards.com

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Child Relocation Solicitors
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