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Defending the Foreign Enforcement of a Judgment in the UK

A comprehensive guide on how to defend against the enforcement of a foreign judgment in the UK.

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25 March 2025
Adam Haffenden
Partner - Head of Dispute Resolution
Blog Enforcing Foreign Judgments Uncategorised

Introduction

The enforcement of foreign judgments in the UK is becoming increasingly common due to global trade and cross-border litigation. However, not all foreign judgments are automatically enforceable, and defendants have legal grounds to challenge enforcement under UK law.

This article provides a comprehensive guide on how to successfully defend against the enforcement of a foreign judgment in the UK, covering key legal principles, valid objections, and strategic defence tactics.

Can a Foreign Judgment Be Enforced in the UK?

Foreign judgments can be enforced in the UK under:

1. Common Law Principles (for judgments outside of the UK’s treaty network).

2. Statutory Regimes such as:

  • The Administration of Justice Act 1920 (for Commonwealth countries).
  • The Foreign Judgments (Reciprocal Enforcement) Act 1933 (for select countries with reciprocal agreements).
  • The Hague Convention on Choice of Court Agreements (2015) (for certain contractual disputes).

For EU judgments, the enforcement process has changed post-Brexit, with enforcement now falling under common law and the Hague Convention rather than the previous Brussels Recast Regulation.

Legal Grounds to Challenge the Enforcement of a Foreign Judgment in the UK

1. Lack of Jurisdiction

A defendant can object if the foreign court lacked proper jurisdiction over them. UK courts will assess:

  • Whether the defendant was properly served in the foreign proceedings.
  • If the foreign court had no reasonable connection to the case.
  • Whether the defendant had a contractual agreement to litigate in another jurisdiction.

2. Judgment Obtained by Fraud

If the foreign judgment was obtained through fraud, UK courts will refuse enforcement. This applies if:

  • The claimant misrepresented evidence in the foreign proceedings.
  • There was witness tampering or procedural fraud.
  • New evidence emerges proving fraud after the judgment was issued.

3. Breach of Natural Justice

The UK courts will not enforce a foreign judgment if the defendant was denied a fair trial, including:

  • Lack of proper notice of the proceedings.
  • Inability to present a defence due to procedural unfairness.
  • Bias or corruption in the foreign court system.

4. The Judgment Contravenes UK Public Policy

A foreign judgment will be rejected if it violates UK public policy, such as:

  • Punitive damages or excessive compensation.
  • Judgments enforcing foreign tax penalties (UK courts do not enforce foreign revenue laws).
  • Violations of human rights principles under UK law.

5. The Judgement Is Not Final and Conclusive

A foreign judgment must be final and binding before UK courts will enforce it. Defendants can challenge enforcement if:

The judgment is under appeal in the foreign jurisdiction.

It is an interim order rather than a final ruling.

6. The Judgment Is Inconsistent with a UK or Prior Foreign Judgement

If the foreign judgment conflicts with a prior UK court decision or another recognised foreign judgment, it may be unenforceable.

Key Strategies to Successfully Defend Against Foreign Judgment Enforcement in the UK

1. Act Quickly and Seek Legal Advice

Time limits apply when defending enforcement proceedings. Defendants should:

  • Engage UK litigation experts to assess the enforceability of the judgment.
  • File objections promptly to prevent enforcement orders from being granted.

2. Challenge Jurisdiction and Due Process

If the foreign court lacked jurisdiction or failed to provide a fair trial, defendants should:

  • Present evidence of procedural defects.

Argue forum non conveniens, demonstrating why the foreign court was inappropriate

3. Provide Evidence of Fraud or Public Policy Breaches

UK courts take fraud and public policy violations seriously. Defendants should:

  • Submit documentary proof of fraud.
  • Highlight any human rights concerns or excessive penalties.

4. Oppose Recognition on the Grounds of Reciprocity

Some foreign countries do not recognise UK judgments, which may serve as a basis to challenge enforcement under the Foreign Judgments (Reciprocal Enforcement) Act 1933.

Conclusion

Successfully defending the enforcement of a foreign judgment in the UK requires a strategic approach based on jurisdictional objections, fraud allegations, procedural fairness, and public policy concerns. By acting swiftly, engaging expert UK litigation lawyers, and presenting strong legal arguments, defendants can significantly improve their chances of preventing enforcement.

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

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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Understanding Rent Repayment Orders in England & Wales

Tenants can reclaim rent for illegal actions, but landlords can avoid this by staying compliant and maintaining their properties.

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14 March 2025
Abigail Williams
Solicitor
Blog Dispute Resolution

Rent Repayment Orders (RROs) are an important mechanism for protecting tenants in England and Wales, ensuring that landlords adhere to their legal obligations and promoting fair rental practices. Here, we will explore what rent repayment orders are, how they operate, and provide insight on how landlords can avoid facing these orders.

What is a Rent Repayment Order?

A Rent Repayment Order is a legal provision that allows tenants to reclaim rent, that has been paid, in specific circumstances. This will be where a landlord has been convicted of a specific criminal offence, or where the applicant (the tenant or local housing authority) can prove that an offence has been committed (to the criminal standard of proof). This could be due to, for example, rent collected when a property is unlicensed (where licensing is required).

These orders were introduced under the Housing Act 24 and expanded under the Housing and Planning Act 2016, and they empower tenants to seek reimbursement of rent paid during periods where they were ineligible to be charged such rent (due to the landlord’s illegal actions).

How Do Rent Repayment Orders Operate?

To pursue a Rent Repayment Order, tenants will need to apply to the First-tier Tribunal (Property Chamber). The process usually involves the following steps:

  1. Gathering Evidence: The tenant will need to collect all relevant documentation as evidence of their claims. This may include payment receipts, tenancy agreements, and correspondence with the landlord.
  2. Filing an Application: The tenant must submit their application to the First-tier Tribunal, detailing the circumstances leading to the claim for a Rent Repayment Order, including the amount of rent being sought.
  3. Tribunal Review: The Tribunal will review the application and the accompanying evidence. If the case meets the necessary criteria (i.e. essentially proving that the landlord has been convicted of a specific criminal offence, or where the applicant can prove that an offence has been committed to the criminal standard of proof), they may issue a rent repayment order in favour of the tenant.
  4. Enforcement: Should the landlord fail to comply with the order to repay the specified amount, further enforcement actions can be initiated by the tenant (such as seeking a County Court judgment, which is done by way of the tenant filing a Tribunal decision with the county court for this to be recognised as a County Court Judgment).

How Can Landlords Avoid Rent Repayment Orders

Landlords can take several proactive steps to mitigate the risk of being issued a Rent Repayment Order, which includes as follows:

  1. Understanding Their Legal Obligations: Landlords should familiarise themselves with their responsibilities under the Housing Act 2004, the Housing Health and Safety Rating System (HHSRS), and other applicable regulations. A well-informed landlord is less likely to violate any tenant rights.
  2. Ensuring Proper Licensing: For properties that are in relevant designated areas, ensure that appropriate licenses are obtained to avoid penalties. This is crucial for Houses in Multiple Occupation (HMOs) or other regulated rental properties.
  3. Maintaining Habitable Conditions: Regularly inspect and maintain rental properties to ensure that they meet health and safety standards, and address any repair issues promptly to stay compliant.
  4. Complying with Deposit Protection Schemes: If taking a security deposit, ensure that it is protected in a government-approved scheme and that the tenant(s) receive the prescribed information regarding their deposit rights.
  5. Open Communication: Maintain open lines of communication with tenants regarding any issues or concerns. A responsive landlord can resolve many issues before they escalate to legal disputes.

By understanding the framework surrounding Rent Repayment Orders and taking proactive measures, landlords in England and Wales can protect themselves from potential claims while fostering positive relationships with their tenants. Ultimately, adhering to the legal requirements not only minimises financial risks but also enhances the overall experience of renting for everyone involved.

How we can help

If you are a landlord and need advice on a rent repayment order or to mitigate your risk of being issued one, our highly experienced Disputes Resolution team who specialise in Property Litigation are here to help. Contact us on 0203 440 8000 or email disputes@tvedwards.com.

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Understanding Professional Negligence

A professional guide for businesses to mitigate risk.

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11 March 2025
Adam Haffenden
Partner - Head of Dispute Resolution
Hannah Groom
Trainee Solicitor
Blog Dispute Resolution Uncategorised

In today’s fast moving business world, professionals such as consultants, accountants, lawyers, and engineers play a fundamental role in ensuring smooth operations. However, when these professionals fail to meet the expected standards of care, businesses can suffer huge reputational and financial damage.

Understanding professional negligence is crucial for businesses to mitigate risks, protect their interests, and take appropriate action when things go wrong.

What is Professional Negligence?

Professional negligence happens when a professional fails to perform their duties to a satisfactory standard, leading to financial loss or harm to their client. This failure can originate from errors in judgment, poor advice, or a breach of duty.

Three key elements must be established to advance a claim for professional negligence:

  1. Duty of Care – The professional must have had a duty of care toward the business.
  2. Breach of Duty – The professional must have failed to meet the expected standard of care.
  3. Resulting Loss/Causation – The business must have suffered financial or reputational loss due to the breach, which is not too remote.

The initial limitation period for bringing such claims is six years from the negligent act or omission. If such negligence is discovered outside of this period, the limitation becomes three years from when the negligence was discovered.

There is a final limit which prevents a claim being brought after 15 years from the date of negligence occurring.

The Impact of Professional Negligence on Businesses

Professional negligence can have severe consequences for businesses, including:

Financial Loss: Incorrect advice or errors can lead to significant financial damage.
Reputational Harm: A business’s credibility may suffer if professional negligence affects customers or stakeholders.
Operational Disruptions: Delays, regulatory penalties, or legal issues can hamper business continuity.

Examples of Professional Negligence

Professional negligence can arise in various industries. Some common situations include:

Legal Professionals: A lawyer missing a crucial deadline, leading to a case being struck out.
Accountants: Erroneous tax advice resulting in penalties for a business.
Consultants: Providing incorrect strategic advice that leads to financial loss.
Architects and Engineers: Poor design work causing construction delays or safety risks.

How to Prevent Professional Negligence

While businesses cannot eliminate all risks, practical steps can minimise the likelihood of professional negligence affecting them:

  1. Due Diligence Before Hiring Professionals

Before engaging professionals, businesses should check credentials, experience, and client reviews to ensure reliability.

  1. Clear Contracts and Expectations
    Clearly outline the scope of work, responsibilities, and expected standards in legally binding agreements to avoid misunderstandings.
  2. Performance Reviews
    Assess the work of hired professionals periodically to identify potential issues early.
  3. Professional Indemnity Insurance
    Ensure that professionals have adequate professional indemnity insurance to cover potential claims in case of negligence.
  4. Seek a Second Opinion
    For major business decisions, a second opinion can reduce the risk of relying on poor advice.

What to Do If Your Business Suffers from Professional Negligence

If your business has been impacted by professional negligence, consider the following:

  1. Gather Evidence: Document all interactions, agreements, and any losses suffered carefully.
  2. Communicate with the Professional: Attempt to resolve the issue directly with the professional or their firm, where possible.
  3. Seek Legal Advice: Consult a solicitor specialising in professional negligence claims.
  4. Consider Litigation or Alternative Dispute Resolution: Depending on the severity, legal action may be necessary to recover damages.

Conclusion

Professional negligence poses a significant risk to businesses, potentially impacting their finances, reputation and client trust. Understanding what constitutes professional negligence and implementing proactive risk management can help mitigate such risks faced by businesses.

Taking appropriate steps will help ensure long-term success and resilience in an increasingly complex business landscape.

How can we help:

We are committed to safeguarding the best interests of London businesses. Our experienced Dispute Resolution team provides expert guidance and representation to help you navigate the complexities of litigation with confidence. Call 020 3440 8000 or email: disputeresolution@tvedwards.com

This article was first published in London Business Matters in March 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

World Book Day: Books to help children understand the changes in family dynamics

Reading offers numerous benefits to help children feel supported.

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6 March 2025
Anesha Pavaday
Associate Solicitor
Blog Children Law Divorce and Family Finance Family

As specialists in family law, our lawyers understand the worries our clients face when explaining changes in the family dynamic to their children. Whether you’re divorcing, separating, introducing a new partner, or planning on having more children, these conversations can feel daunting and uncomfortable. Parents often spend a lot of time contemplating the most sensitive way to approach these subjects to ensure their children feel supported.

One effective way to discuss changes in the family dynamic is through reading, either together with your children or encouraging older children to read on their own. Reading offers numerous benefits, such as helping children understand and relate to the changes in their lives. It provides comfort and assures them that they are not alone. Just think back to your own favourite childhood book and the comfort it still brings you when revisited. Similarly, children’s books about family dynamics can offer that same solace.

There is a wealth of wonderful children’s books available that address various family dynamics. These books can help children understand different scenarios and serve as a perfect conversation starter for those who may be more reserved.

Here are a few book options to consider for children which are listed in age groups:

Under 7s

  • My Family’s Changing – Pat Thomas
  • Ms Cliff the Climber – Allan Ahlberg
  • Living with Mum and living with Dad – Melanie Walsh

7 to 11s

  • One Mum Too Many- Anne Bryant
  • The Lottie Project – Jacqueline Wilson
  • I Cosmo – Carlie Sorosiak

11+

  • It’s Not the End of the World – Judy Blume
  • The Suitcase Kid – Jacqueline Wilson
  • Step by Wicked Step – Ann Fine

World Book Day this year is celebrated on 6 March. The day encourages both adults and children to take a break from their routines and enjoy a good book, whether on family dynamics or simply for pleasure. So, take a moment this World Book Day to bond with your children over a story, opening up pathways for discussions and providing much-needed comfort.

How can we help?

Divorce or separation can be a very difficult time for any family. If you need support or advice on child arrangements, relocation, divorce, or separation, please contact one of our family law specialists by calling 020 3440 8000 or email family@tvedwards.com.

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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Workplace settlement agreements: How A Solicitor can help

Workplace termination can be challenging, but a settlement agreement provides a streamlined way for both parties to reach a resolution.

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3 March 2025
Hannah Groom
Trainee Solicitor
Blog Dispute Resolution

In the workplace, it is inevitable that the issue of terminating employment will arise. When this happens one way to quickly resolve this situation, without it potentially escalating to a tribunal or court, is through a workplace settlement agreement.

Such agreements allow both parties to agree the terms of the termination between themselves.

In this article we will look at what workplace settlement agreements are, how they work, and how a solicitor may support both employers and employees in this process.

What is a Workplace Settlement Agreement for Termination?

A workplace settlement agreement is a legally binding contract between an employer and an employee to settle any potential claims arising from the termination of employment.

This agreement ensures that both parties agree to the terms of the employee’s departure and avoid future legal disputes such as claims for wrongful dismissal and discrimination.

Typically, a settlement agreement for termination covers the following key aspects:

  • Amount of the payment, including how and when the payment will be made;
  • The claims to be waived – with a warranty that the employee does not know of any claims they may currently have against the employer
  • The claims which are not waived
  • Termination dates
  • Arrangements for the return of company property
  • Confidentiality clauses
  • Confirmation that the employee has received legal advice on the contents of the settlement agreement.

Why Choose a Workplace Settlement Agreement?

For employers: The settlement agreement will provide legal protections and prevent any potential future claim being made against them. Consequently, such an agreement will help to provide a quick resolution to the situation and even expediate the termination process.

For employees: The agreement can offer a level of financial security as financial compensation is usually a term of the settlement agreement. A settlement agreement will also allow the employee to avoid a potentially lengthy legal battle.

The negotiation process will also enable an employee to obtain terms in the agreement that are favourable and receive benefits that may not have been offered if no agreement was met.

The terms of such settlement agreements are kept confidential, allowing both the employer and employee to maintain their respective reputations, no matter what is agreed between the parties.

The Role of a Solicitor in Settlement Agreements

Solicitors are unable to advise both parties on the same agreement as there would be a conflict of interest in doing so. As such, one solicitor will only be able to advise either the employer or the respective employee regarding a settlement agreement.

For employers: Involving a solicitor early in the process will mean that the solicitor can assist in drafting the agreement to ensure that its terms are robust and that any potential future claims are prevented. Furthermore, a solicitor will be able to provide negotiation support throughout the process and ensure that fair terms are reached between the parties.

For employees: A solicitor will be able to assist employees facing a settlement agreement as a legal requirement for such agreements include that the employee must receive independent legal advice. Solicitors will be able to advise the employee if the contents of the agreement are legally sound, inform the employee of what is being offered by the employer and ensure that the employee’s rights are protected.

Furthermore, a solicitor can assist in any negotiation that the employee would like to undertake with the employer to request better terms and benefits under the agreement.

Conclusion

Workplace settlement agreements for termination offer a practical and efficient way to end an employment relationship while minimising the risk of a dispute escalating.

These agreements allow both parties to agree on the terms of termination, often with financial compensation, while avoiding the need for costly and stressful legal action. A solicitor can provide expert legal advice, help with negotiations and ensure that the settlement agreement is fair, legally binding and in line with current employment laws.

Professional legal advice is essential

How we can help

Whether you are an employer drafting an agreement or an employee reviewing one, our highly experienced Dispute Resolution team will advise on settlement agreements, to secure the best possible outcome for you. Call our team on 020 3440 8000 or email disputeresolution@tvedwards.com.

TV EDWARDS SOLICITORS LLP

Civil Fraud Claims: A Guide to Legal Actions and Remedies

Discover the types of civil fraud claims and legal remedies for victims seeking to recover losses from fraud.

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27 February 2025
Katja Trela-Larsen
Trainee Solicitor
Blog Commercial Litigation Dispute Resolution

Fraud is when dishonesty to gain an advantage, often financial, over another individual or business. While fraud can be prosecuted in a criminal court, victims of fraud also have the option to pursue civil claims to recover their losses.

Civil fraud refers to various legal claims that can be made by a party to recover losses incurred owing to fraudulent activities. Where there is evidence of dishonesty, these claims often accompany other legal actions such as breach of contract, misrepresentation, or negligent misstatement.

In this blog, we explore the different types of civil fraud claims that can be pursued and the legal remedies available.

1. Tort of Deceit or Fraudulent Misrepresentation

This is the most commonly recognised form of civil fraud. Unlike negligent and innocent misrepresentation, which are covered under the Misrepresentation Act 1967, civil claims for fraudulent misrepresentation are under the common law, namely the tort of deceit.

For a successful claim the claimant must prove:

  • A false statement or representation was made by the defendant.
  • The defendant knew the statement or representation was false or was reckless as to whether it was false.
  • The defendant intended for the claimant to rely on the false statement.
  • The claimant did rely on it.
  • The claimant suffered loss as a result.

Remedies:

The claimant may seek damages to be restored to their original financial position before the fraudulent misrepresentation occurred. If the case involves a contract, the claimant may also seek to rescind the contract, this means it will be treated it as if it never existed.

2. Unlawful Means Conspiracy

For a successful claim, the claimant must establish:

  • A combination or agreement between two or more persons with the intent to cause damage to the claimant.
  • The use of unlawful means as part of a concerted action pursuant to the agreement.
  • Damage to the claimant resulting from the conspiracy.

Remedies

If found liable, defendants are responsible for the losses incurred by the claimant.

3. Breach of Fiduciary Duty

A fiduciary duty can arise when one party is expected to act in the best interest of another as a result of their position. A classic example of this is the relationship between a company director and their company.

Under the Companies Act 2006, directors must:

  • Act within their powers for the purposes they were conferred.
  • Promote the company’s success.
  • Exercise independent judgement.
  • Exercise reasonable care, skill and diligence.
  • Account for unauthorised profits.
  • Avoid situations which might give rise to a conflict of interest.

Potential legal actions where a director has breached their duty include:

  • Seeking injunctions to stop ongoing breaches.
  • Removal of the offending director.
  • Applying to the court to have any misappropriated company property restored.
  • Applying to the court to have an unauthorised or inappropriate transaction set aside.
  • Seeking compensation from the director personally for any financial losses or damages sustained.

4. Breach of Trust

This occurs when a trustee fails to uphold the responsibilities imposed upon them by the trust. The trustee’s civil liability is the loss that their act or omission caused the trust. This has a narrower ambit than a breach of fiduciary duty, which can be committed not only by the trustees, but by anyone acting for the benefit of the trust.

Remedies

  • Restoration of misused trust funds.
  • Compensation for losses due to the trustee’s actions.

5. Dishonest Assistance

To be liable for dishonest assistance, there must be a breach of trust or fiduciary duty by someone other than the defendant, the defendant must have helped that person in the breach, and the defendant must have a dishonest state of mind. There is no requirement that the third-party trustee/fiduciary was dishonest; it is the person assisting that must be shown to have had a dishonest state of mind.

Remedies

  • Equitable compensation for losses resulting from the dishonest assistance.
  • An order requiring the defendant to account for profits obtained through the dishonest assistance.

6. Knowing Receipt

This claim can be brought against someone who improperly receives trust property, or where a fiduciary misapplies property belonging to a principle.

Where a third-party has received trust property, they may be personally liable in equity where:

  • The property has been misapplied by the trustee in breach of trust;
  • The recipient received the property beneficially;
  • The recipient is not a bona fide purchaser of the legal title or otherwise cannot claim to take free of the legal title; and
  • The recipient knows that the property has been transferred to them in breach of trust.

Remedies

  • Restoration of the trust property.
  • Payment of its equivalent value if no longer in possession.
  • Compensation for losses.

7. Unjust Enrichment

A defendant may be required to return benefits received unfairly at the claimant’s expense.
To make a successful claim the claimant must establish that the defendant has been enriched at the claimant’s expense and the retention of the enrichment would be unjust.

The unjust factors recognised by the court include:

  • Mistake.
  • Failure to provide consideration.
  • Duress or undue influence.
  • Wrongdoing.

Remedies

The usual remedy is restitution, requiring the defendant to return or pay the value of the unjust gain.

8. Tort of Conversion

This is the civil equivalent of theft and involves deliberately interfering with another person’s property in a way that is intended to deny and denies them its use or possession.

Remedies

  • Return of the property.
  • Compensation equal to the market value of the property lost.

Conclusion

Civil fraud claims are multifaceted and require careful legal navigation. Understanding your rights and the available legal remedies can make a significant difference in recovering losses or defending against allegations. Seeking professional legal guidance early on can help you achieve the best possible outcome in your case.

How We Can Help

If you or your business has been a victim of fraud, or you are facing allegations of fraud, it is crucial to seek expert legal advice immediately. Civil fraud litigation is often highly complex, requiring experienced legal representation to build a robust case strategy and minimise risks.

At TV Edwards Solicitors, we represent both claimants and defendants in civil fraud cases, working with corporate and individual clients. If you wish to discuss a potential civil fraud matter, contact our Dispute Resolution/Commercial Litigation team at 020 3440 8000 or disputeresolution@tvedwards.com.

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Family Court Transparency: Naming Judges in the Sara Sharif Case

The call for accountability and openness in family law has never been stronger.

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21 February 2025
Sarah Inchley
Partner
Blog Children Law Domestic Violence Family

Ten-year-old Sara Sharif was tragically murdered by her father, Urfan Sharif, and stepmother, Beinash Batool, in August 2023. Her death has garnered widespread attention, due to the brutality she suffered at the hands of those who should have cared for her. Sara was placed under a Child Protection Plan from birth due to concerns about the risks posed by her parents – concerns that would resurface throughout her short life. As a result, Sara was the subject of three family court cases in 2021, 2014 and 2019 where Sara and her parents were assessed by professionals who would provide evidence to the court. The decisions of three judges would shape Sara’s life – they ordered that she spend various periods of time in foster care, her mother’s care and ultimately, her father’s care.

The tragic circumstances of Sara’s death raise critical questions: how could a child, known to multiple child protection professionals and involved in three family court cases, be subjected to such a horrific fate? The answers may lie in the media examining and reporting on the historic court documents to enable the public to scrutinise decisions made.

The process of the media reporting on these court documents, along with revealing the names of the professionals and judges involved, has sparked a legal battle. This unfolds against the backdrop of a movement advocating for greater transparency in the family courts.

For many years, the family courts have operated with significant restrictions on the media reporting any information about a case involving children because of their privacy. Historically, therefore, the family court system has been opaque, leading to public accusations of ‘secret’ justice.

In recent years, there has been a sea change towards greater transparency. Following a pilot project, since 27 January 2025, open reporting provisions now apply to all family courts in England and Wales. This means that journalists and legal bloggers can report on what they see and hear in family courts with a transparency order protecting the anonymity of children and their families.

It is in this context that journalists Louise Tickle and Hannah Summers, along with nine big name media parties, applied to the High Court to report upon the historic court cases relating to Sara. They said that there was an overwhelming public interest in understanding how Sara came to be placed in her father’s care and the effectiveness of safeguarding procedures and so full details should be reported upon including the names of the professionals and judges involved.

Mr Justice Williams heard the case on 9 December 2024 on the cusp of the verdict being given in the criminal trial of Sharif and Batool. He balanced Article 8 rights to respect for private and family life (particularly those of the children) and the Article 10 freedom of expression rights of the media. He concluded that he would allow the media parties to see and report upon many historic case papers subject to restrictions keeping the names, ages and protected characteristics of Sara’s siblings confidential.

He ruled however that there be no reporting of any third party including social workers, guardians and judges. Was that decision just?

He had intended to reconsider the issue of the anonymity of judges in March 2025 when the judges themselves had been notified. The media parties however immediately appealed to the Court of Appeal saying that the naming of judges is a matter of exceptionally high constitutional and public importance and that Mr Justice Williams’ decision was a derogation from the principle of open justice.

The Court of Appeal considered: did the High Court have the power to anonymise the judges’ identities? Was the decision procedurally irregular? For example, there was no evidence that the judges would be harmed. Finally, was Mr Justice Williams biased against the media?

The Court of Appeal concluded that Mr Justice Williams was wrong, and his decision could not stand. He had no powers to make the anonymity order he did, and his decision was procedurally flawed. He was heavily criticised for getting ‘carried away’ – using his own experiences to create a case for anonymising the judges rather than on the law and the evidence. He behaved unfairly to the journalists in finding that their reporting to date had been inaccurate and irresponsible and that his sarcastic remarks about the media had no proper place in a court judgment.

The Court of Appeal said that the judge had lost sight of the importance of press scrutiny in upholding the integrity of the justice system and that the historic judges must be named, allowing 7 days for them to prepare and to protect themselves from potential harm.

The landmark shift in transparency in family courts comes at a pivotal moment: the same week that the identities of judges responsible for the historic decisions for Sara Sherif have been revealed.

As of 10am on Friday 31 January the judges were named as HHJ Raeside, HHJ Nathan and HHJ Williams.

Sara’s heartbreaking story intertwines with core legal principles of open justice. The message is clear: judges’ decisions affecting children must be subject to scrutiny and their identities known.

The call for accountability and openness in family law has never been stronger.

This article was first published in The Law Gazette on 13 February 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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Grandparents’ Rights to Contact with Grandchildren after Parental Separation

Grandparents may struggle to maintain contact due to legal and emotional barriers.

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17 February 2025
Paul Read
Partner - Head of Family Law
Blog Children Law Divorce and Family Finance Family

Grandparents play an important role in children’s lives and research has shown that they have a positive impact, particularly on adolescents and when families are going through difficult times.

However, a rising number of grandparents are going to court to spend time with their grandchildren. So, what right do grandparents have to see their grandchildren?

Why Would Grandparents Need Legal Action To See Their Grandchildren?

Grandparents may seek legal advice or action to get an order to see their grandchildren. This is because sometimes parents refuse contact with their grandchildren if there has been a family dispute. There are a variety of reasons why parents refuse Grandparents contact, child’s wishes or a bad environment at home but often, it could be due to a breakdown in the relationship between the parents including a divorce.

Grandparents may also lose contact with their grandchildren for several reasons after parental separation, including:

  • One parent moving away with the children, limiting access.
  • Tensions or disputes between the grandparents and one or both parents.
  • A breakdown in communication between the separated parents, affecting extended family relationships.

While these challenges can be disheartening, the law provides a route for grandparents to assert their right to maintain this important relationship.

What Are Grandparents’ Rights?

It is a sad truth that grandparents do not have an automatic right to spend time with their grandchildren and the rights aren’t as clearly defined as parents. The family courts, however, do recognise the important role that grandparents have to play in their grandchildren’s lives. Therefore, it is rare that the court would refuse a grandparent time with their grandchildren unless there is evidence/history of abuse or other serious, justified reasons. That said, it is likely to be more limited contact than they may wish to have.  

Legal Process For Grandparents

Often, child arrangements can be negotiated through a family solicitor without the need to attend court. Mediation can also assist in resolving disputes without the need to go to court. However, if the relationship between the parents and grandparents has broken down significantly, there may need to be an application to the court for a child arrangements order, for the grandparents to be able to spend time with their grandchildren.

Can A Grandparent Apply For A Court Order To See Their Grandchildren?

Grandparents are not automatically entitled to apply for a child arrangements order, and they must obtain the permission of the court. Most grandparents do not have an automatic right to apply to the court, as most do not have parental responsibility for (usually held by the children’s parents), or care of the children. However, although not having automatic rights grandparents can apply for permission to apply for a Child Arrangements Order, the courts will consider the following:

  • Their connection with the child or children.
  • The nature of the application for contact.
  • Whether the application might be potentially harmful to the child/ren’s well-being in any way.

If the permission application is successful, you can apply for a Child Arrangements Order through the court to see to your grandchildren. If one, or both parents raise objections there may need to be a report prepared about the impact of contact, and there is also likely to be a full court hearing at which all parties can put forward their evidence. 

It would be extremely beneficial for you to receive good legal advice at this stage to advise and assist you with persuading the court that you have a meaningful and ongoing relationship with your grandchildren, which significantly benefits their lives.

The court will always take into consideration the child’s wishes or best interest, meaning a Court Order can be issued if they believe contact with their grandparents is beneficial.

Are There Any Alternatives To Court Orders For Grandparents? 

There are a few ways Grandparents can gain contact with their Grandchildren without court proceedings. However, it would need to be agreed upon by the Parents before anything is granted. This includes: 

  • Mediation: A Mediator will help the communication between Grandparents and Parents come to an agreement. They will structure the conversation to help a resolution. 
  • Therapy: Going to therapy as a family may help to smooth the situation and solve a family dispute. However, this requires participation from all parties and may be highly emotional if this is happening during a family dispute between the parents too. 
  • Arbitration: Following a similar structure to Court, an arbitrator will help solve family disputes in a constructive way. It is generally in a more relaxed format to work towards a resolution. 
  • Parenting Plans: A formal agreement can be put in place that can include Grandparents visitation. This is usually a good way to move forward in a separation or divorce, where the dispute doesn’t lie between the parents and grandparents. 

Family Agreements: In a more informal manner, parents may include scheduled visitation from Grandparents in their agreement upon separation.

Practical Tips for Grandparents

  1. Maintain communication: Keep the lines of communication open with both parents, if possible.
  2. Document your relationship: Keep records of the time spent with your grandchildren and any evidence of a close bond.
  3. Seek legal advice: Consulting a solicitor with expertise in family law can help you understand your rights and options.

If I’m A Parent, Can I Stop Grandparents From Seeing My Child? 

As a parent, you have legal parental rights over the child, meaning you can stop contact with family members. You are allowed to make decisions for your child but usually you need consent from the other parent/ legal guardian. 

If you believe that limiting or stopping contact with a child’s grandparent is best for the children, then you are within your rights to do so. You should always consider the circumstance and the child’s best wishes when making decisions. Grandparents don’t have legal rights but can seek legal action if they are stopped from contact with their grandchild unfairly.

What If My Son Or Daughter Is Not On The Child’s Birth Certificate?

A parent that is not named on the birth certificate can be a complex situation in terms of Grandparents rights. Those who aren’t named on the birth certificate will need to take additional steps to gain parental responsibility: 

  • Ask for permission of the other parent for Parental Responsibility and get a legal agreement in place
  • Apply to have the name put on the birth certificate 

Contact TV Edwards For Grandparents Rights Support

TV Edwards are child law specialists, who are frequently contacted by Grandparents seeking legal support with contact with their Grandchildren. 

If you are a grandparent and would like to know more about your options, or you are not happy with current arrangements regarding your grandchildren, please do not hesitate to contact our Family team via our contact form, call us on 020 3440 8000 or email us at family@tvedwards.com.

Related Services:
Child Arrangements Solicitors Divorce Solicitors
TV EDWARDS SOLICITORS LLP

Who keeps the Engagement Ring?

How prenuptial or post-nuptial agreements can determine ownership of an engagement ring.

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14 February 2025
Anesha Pavaday
Associate Solicitor
Blog Children Law Divorce and Family Finance

A proposal is momentous. In the surrealness of the moment you both look down at the ring, glistening in all its glory, and admire it. You are ecstatic and excited for the future.

Months or years pass and the bubble you were living in sadly bursts. You can’t help but wonder – who keeps the ring if the relationship ends?

Diamonds are forever …or are they?

The starting position is that an engagement ring is treated as a gift. This is because of section 3(2) of the Law Reform (Miscellaneous Provisions) Act 1970. But this also includes the ability to rebut this starting position if you can prove that the ring was given on the condition that it should be returned if the marriage did not take place for any reason.

Notwithstanding that rebuttal, this means it is kept by the recipient and they are free to do with it what they like. However sometimes another route can be followed.

If you want to make sure you can keep the ring – or make sure it is returned – it is important to take active steps as soon as possible.

How to protect your position

Engagement rings are generally valuable and are sometimes family heirlooms which have emotional as well as financial significance. Whether before or after the marriage has taken place entering into a formal agreement about what should happen to the ring is crucial. While many see such an agreement as unromantic, they are simply an insurance policy, a sensible step in case the worst happens.

Before marriage

If you wish to protect the ring prior to marriage you should enter into a cohabitation agreement or a pre-nuptial agreement. While these are not absolutely watertight, if a court was asked to adjudicate on the issue of an engagement ring, an agreement which complies with the legal requirements will be highly persuasive, often conclusive.

After marriage

You can enter into a post-nuptial agreement dictating what happens to the ring, which similarly will carry significant weight if prepared by a specialist lawyer.

If no agreement exists and it is not agreed that the ring should stay with the recipient then in financial negotiations or court proceedings in the event of divorce, it will be taken into account as an asset. The starting position will be that it stays with the recipient, but it is possible to seek its sale or for it to be returned to the other party. This is much more uncertain and questions of proportionality will arise if legal costs are being incurred which start to eclipse the value of the ring. This difficulty can be avoided by giving pragmatic advance thought to what should happen to the engagement ring at the outset of the engagement.

How we can help

TV Edwards’s family team has broad experience in all kinds of agreements between couples and regularly advises those getting married on how to protect themselves and their assets. For further information on pre nuptial and post nuptial agreements call 020 3440 8000 or email family@tvedwards.com. We are here to help.

Related Services:
Family Finance Solicitors Divorce Solicitors
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