Headnotes \\ A legal information podcast from Whitehead Monckton

Welcome to Headnotes by Whitehead Monckton. In this episode, Associate Solicitor Samuel Mulligan and Solicitor Tom Elston from our Dispute Resolution Team break down the Renters' Rights Act 2025. Described as the most fundamental change to housing law in a generation, this legislation drastically shifts the rights and responsibilities of both landlords and tenants. From the abolition of assured shorthold tenancies and the end of "no-fault" evictions to the introduction of a central Private Rented Sector Database, our team unpacks the phased implementation timeline. Whether you are a landlord looking to understand the new grounds for possession, or a tenant wondering about the new rules around pets and rent increases, this episode covers the critical updates you need to know. 

In this episode, we are covering:

• The phased rollout of the Renters' Rights Act, starting with the changes implemented in May 2026. 
• The abolition of assured shorthold tenancies and fixed-term tenancies, converting them to assured periodic tenancies. 
• How the removal of Section 21 means landlords must now rely on amended Schedule 2 grounds (such as Ground 1, 1A, 6, and 8) to recover possession. 
• New limitations on rent increases, restricting landlords to raising rent just once a year via the Section 13 process. 
• The tenant's new ability to challenge rent figures in the first six months via the first-tier tribunal. 
• The ban on rental bidding and the restriction limiting rent in advance to a maximum of one month. 
• The illegality of discriminating against prospective tenants with children or those receiving benefits. 
• The new implied term allowing tenants to request to keep a pet, which landlords cannot unreasonably withhold. 
• Phase two of the Act, featuring a centralized Private Rented Sector Database and a mandatory Landlord Ombudsman. 

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Disclaimer: This podcast provides general information and does not constitute legal advice. Timelines and regulations are subject to change.

If you're separating from your child's other parent, you may have heard that the law around child contact is changing - and it's completely understandable if that sounds worrying. Right now, family courts are told to presume that keeping both parents involved is best for a child, unless there's a good reason not to. That presumption could be removed, so in this episode we're answering the question a lot of parents are quietly asking themselves: will I still see my child?

Whitehead Monckton family solicitors Daniel Bennett and Emma Craigie talk it through with family law barrister Catherine Gee of Pump Court Chambers, in plain English and without the jargon. They explain what the presumption of contact actually is, why it might be scrapped, and - importantly - what it does and doesn't mean for parents and children going through separation.

The short version: removing the presumption isn't the same as a ruling against contact, and a child's welfare has always been, and remains, the single most important factor in every decision a family court makes. This episode walks you through why, so you know where you stand.

In this episode, we're covering:

\\ What the "presumption of contact" actually is - the rule that's told family courts since October 2014 to presume that keeping both parents involved is in a child's best interests, unless there's a reason not to.

\\ Why it might be removed - and why that's less dramatic than it sounds: it puts the court in a neutral position, rather than taking anything away from you.

\\ Whether this means you could lose contact - Catherine explains why a "neutral stance" is not the same as a presumption against contact, and why welfare is still the deciding factor either way.

\\ How domestic abuse allegations are handled - the safeguarding steps that happen before contact is even discussed, under Practice Direction 12J.

\\ What Pathfinder is - a newer, less adversarial way some children arrangements cases are being resolved, without needing to go to court.

\\ What this could mean if you're a non-resident parent, often a father - the real concern that losing the presumption could make it harder to move your case forward.

\\ The one thing that doesn't change - whatever happens to the presumption, your child's welfare stays the court's paramount consideration.

If you're going through separation and want to talk through your own situation, our family team is here to help - not just with the law in the abstract, but with what it actually means for you and your children. Get in touch with today's hosts directly:

- Daniel Bennett, Director, Family Law - https://www.whitehead-monckton.co.uk/our-people/daniel-bennett / https://www.linkedin.com/in/danielsbennett/

- Emma Craigie, Solicitor, Family Law - https://whitehead-monckton.co.uk/our-people/emma-craigie / https://uk.linkedin.com/in/emma-craigie-41273a79

Or reach the wider Whitehead Monckton family team here: https://whitehead-monckton.co.uk/contact-us

This podcast provides general information and does not constitute legal advice. Timelines and regulations are subject to change.

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Disclaimer: This podcast provides general information and does not constitute legal advice. Timelines and regulations are subject to change.

Triggered by legislative changes from October 2024 and upcoming reforms under the Employment Rights Act in 2026, the legal landscape surrounding workplace conduct is shifting dramatically. From startling ACAS statistics to the real-world implications of "third-party harassment," Antonio and Veronica offer practical, plain-English guidance on fostering a safe, open, and legally compliant workplace culture. 

In this episode, we are covering:

• The strict legal definition of sexual harassment and how it manifests physically, verbally, and digitally. 
• Eye-opening statistics from ACAS, revealing a 64% increase in employer inquiries following the October 2024 Worker Protection Act. 
• The crucial shift requiring employers to take "all reasonable steps" to prevent harassment, rather than just reacting to incidents. 
• Practical information for businesses, including how to conduct effective risk assessments and engage staff in safety protocols. 
• The growing responsibility employers have to protect their staff from third-party harassment by customers or clients. 
• Upcoming changes that will make sexual harassment a standalone category for whistleblower protection. 
• How future laws may void confidentiality clauses (NDAs) in settlement agreements relating to workplace harassment, and how this could impact dispute resolutions.

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Disclaimer: This podcast provides general information and does not constitute legal advice. Timelines and regulations are subject to change.

Pensions may not be the most glamorous topic, but they are often one of the most valuable assets in a marriage, acting as a crucial facilitator for a comfortable retirement. In this episode of Headnotes by Whitehead Monckton, family lawyer Emma Palmer sits down with Simon O'Connell, a Chartered Financial Planner from Evening Partners, to demystify the complex world of pensions on divorce. From breaking down the differences between Defined Benefit and Defined Contribution schemes to explaining the critical guidelines set by the Pension Advisory Group (PAG), this episode provides clear, jargon-free insights into securing your financial future. Whether you are navigating a divorce yourself or simply want to understand how pension sharing orders actually work, Emma and Simon guide you through the process, the hidden pitfalls of offsetting, and why instructing a Pension on Divorce Expert (PODE) might be the smartest move you can make. 

In this episode, we are covering:

• The key differences between Defined Benefit (public sector) and Defined Contribution pensions. 
• A breakdown of the court orders available, including pension sharing orders and the rare attachment orders. 
• Why trading your pension for a capital asset like a house (offsetting) can lead to a poorer retirement. 
• The major impact of the Pension Advisory Group (PAG) and their push for equality of income in retirement. 
• What a Pension on Divorce Expert (PODE) is, and when your combined pension values mean you need one. 
• Navigating the McCloud judgment and its effect on age discrimination within public sector pensions. 
• The reality of implementation timeframes: why getting your court order is only the beginning of a months-long process. 
• How a financial planner can help you manage your settlement, mitigate risk, and avoid running out of money through income drawdown. 

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Disclaimer: This podcast provides general information and does not constitute legal advice. Timelines and regulations are subject to change.

In this episode, Katie Broadfield and Ella from our succession team sit down to tackle a crucial but often misunderstood area of law: Deputyships and Lasting Powers of Attorney (LPAs). 

Many people believe that if they lose the ability to make decisions, their spouse or "next of kin" will automatically be able to step in and manage their finances or healthcare. Unfortunately, in legal terms, "next of kin" holds no authority. Katie and Ella break down exactly what happens when capacity is lost without an LPA in place, explaining the daunting, complex, and sometimes lengthy process of applying for a deputyship through the Court of Protection. Whether you are planning for your own future, navigating a sudden accident, or caring for a child approaching adulthood who lacks capacity, this episode provides essential, jargon-free guidance to help you protect your loved ones. 

What to Expect in This Episode:

• What is a Deputyship? The presenters explain that a deputyship is a court order granting authority to manage the affairs of someone who has lost the mental capacity to do it themselves. 
• Lasting Power of Attorney (LPA) vs. Deputyship: The episode highlights the key difference: an LPA must be made while you still have capacity, allowing you to choose who makes decisions for you, whereas a deputyship is required when it is already too late to make an LPA. 
• When is a Deputyship Needed? Ella details that deputyships are often needed following a dementia diagnosis, an unexpected accident, or for young adults who have never had capacity. 
• The "Next of Kin" Myth: Katie and Ella discuss the common misconception that spouses or relatives can automatically manage affairs without legal authority, warning listeners that they cannot. 
• The Application Process and Timelines: The complex process of applying to the Court of Protection is broken down, including the extensive financial forms, the requirement for a recent capacity assessment, and the reality that obtaining an order can take up to 12 months. 
• Professional Deputies: Katie discusses her role as a professional deputy, explaining that sometimes there is no suitable family member to step in, or relatives simply do not want the onerous responsibility of managing the accounts and reports required by the Office of the Public Guardian. 

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Disclaimer: This podcast provides general information and does not constitute legal advice. Timelines and regulations are subject to change.

Welcome to Headnotes, the podcast by Whitehead Monckton that spells out the law in plain English. In this episode, we dive into the deeply personal and often complex world of surrogacy. Our host, Judith Harling-Coward, a senior family solicitor at Whitehead Monckton, sits down with Shaun Thomas, the founder and consultant at The Surrogacy Father. Shaun shares his first-hand experience of building his family of three children through surrogacy as a two-dad household. Together, they unpack the reality of the process, moving past the jargon to offer warm, practical, and highly informative guidance for intended parents. Whether you are just starting to research your options, looking at international destinations, or wanting to understand the legal pitfalls to avoid, this episode provides a foundational roadmap for your path to parenthood. 

In this episode, we are covering:

• The reasons why intended parents might choose surrogacy to build their family, including the desire for a biological connection. 
• The unexpected factors to consider early on, such as medical care abroad, NICU costs, and potential political or immigration changes. 
• Why surrogacy is a marathon and not a sprint, and the importance of professional counselling and peer support networks. 
• The challenges of domestic surrogacy in the UK, including potential delays and the difficulty of finding a match. 
• How to pick your surrogacy destination first by understanding both the specific surrogacy laws and the legal parentage laws in that country. 
• The absolute necessity of securing two sets of independent lawyers—one in your home country and one in your destination country—to prevent bureaucratic nightmares. 
• Major red flags to watch out for when vetting agencies, such as restricted communication with the surrogate, high-pressure sales tactics, or clinics performing double embryo transfers. 
• The importance of having open, age-appropriate conversations with your children early on so they grow up proud of their unique conception story. 

External Resources & Links Mentioned:

• The Surrogacy Father (ShaunThomas): https://thesurrogacyfather.com/

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Disclaimer: This podcast provides general information and does not constitute legal advice. Timelines and regulations are subject to change.

Going through a separation is emotionally challenging, and untangling your finances can often feel like a daunting, jargon-filled maze. In this episode of Headnotes by Whitehead Monckton, we are cutting through the legal terminology to demystify how finances are sorted out during a divorce. 

Our Whitehead Monckton hosts, Graeme Jones (Director) and Rhia Davis (Senior Associate), are joined by specialist financial remedies barrister Stuart Snow from Pump Court Chambers. Together, they break down the entire financial timeline, the hidden value of pensions, and why taking your case out of the heavily delayed court system might save you significant time, money, and stress. 

In this episode, we are covering:

- The Three Stages of Financial Remedies: Understanding computation (disclosure), the Financial Dispute Resolution (FDR) appointment, and the final contested trial.

- The Value of Pensions: Why pensions are often the most overlooked—yet sometimes the largest—asset in a divorce, and how Pensions on Divorce Experts (PODEs) help divide them.

- Navigating Court Delays: The reality of the current court backlog, where a final hearing can take over a year to reach.

- Private FDRs (PFDRs) vs. Court: The advantages of hiring a private evaluator for a dedicated day, offering more control, reduced stress, and long-term cost efficiency compared to the standard court system.

- Arbitration: How opting for a private, binding trial can give you privacy and control over your financial outcome.

- Sharing vs. Needs: A plain-English look at how assets acquired during the marriage are divided, and what happens to non-matrimonial assets like inheritance.

Connect with our Presenters:
- Graeme Jones: https://www.linkedin.com/in/graham-jones-883b0129/
- Ria Davis: https://www.linkedin.com/in/rhiadavis/

This podcast provides general information and does not constitute legal advice. Timelines and regulations are subject to change.

Speak to one of our friendly lawyers at Whitehead Monckton

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Disclaimer: This podcast provides general information and does not constitute legal advice. Timelines and regulations are subject to change.

In this important episode of the Headnotes podcast, Whitehead Monckton family team solicitors Jack Staker and Isabel Palmer sit down with Holly Broadley, Partnerships Manager at Oasis Domestic Abuse Service. Together, they break down the complexities surrounding domestic abuse and the family court system.

Domestic abuse is an umbrella term that goes far beyond physical violence, encompassing coercive control, economic abuse, and psychological manipulation. This episode explores the realities of escaping an abusive relationship and how the legal system handles these sensitive cases. Whether you are a victim seeking guidance, a concerned friend, or simply interested in family law, this episode provides crucial insights into navigating one of the most challenging areas of the justice system. 

In this episode, we are covering:

• The broad definition of domestic abuse, including hidden forms like economic restriction and coercive control. 
• An overview of Oasis Domestic Abuse Service and how they provide refuge, safety planning, and practical support to men, women, and children. 
• The legal differences between Non-Molestation Orders and Occupation Orders, and how to apply for them. 
• How the physiology of trauma affects a victim's memory and behavior, including responses like "fawning". 
• The role of domestic abuse in divorce proceedings, financial remedy cases, and child arrangements. 
• The purpose and impact of Fact-Finding hearings in family court. 
• Practical and immediate steps for safety, such as changing locks and seeking emergency accommodation. 

Resources Mentioned in this Episode:

• Oasis Domestic Abuse Service Helpline: https://www.oasisdaservice.org/
• FLOWS (Finding Legal Options for Women Survivors) / CourtNav: https://www.flows.org.uk/

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Disclaimer: This podcast provides general information and does not constitute legal advice. Timelines and regulations are subject to change.

What the New Tribunal Limitation Periods Mean for Employers

Joining the podcast today are Antonio Fletcher, Head of our Employment Team, and Rebecca Lister, an Employment Paralegal. While the headlines have been dominated by sweeping changes to unfair dismissal and statutory sick pay, Antonio and Rebecca sit down to discuss a major shift in how and when employees can bring claims against their employers. With the limitation period set to double to six months by October, and ACAS pre-claim conciliation times extending to 12 weeks, employers could be facing a waiting game of up to 10 months before a claim is even issued. We explore what this means for access to justice, how the current economic climate might drive up tribunal claims, and the immediate action steps your business needs to take to protect itself.

In this episode, we are covering:

\ The upcoming shift doubling the Employment Tribunal limitation period from three months to six months

\ How the extension of the ACAS pre-claim conciliation process from six to 12 weeks impacts the timeline of claims.

\ The potential for a significant backlog, with claims taking up to 9 or 10 months from the date of dismissal just to be issued.

\ The economic factors such as a tightening job market that could lead to a rise in "claims of necessity" from former employees.

\ Why employers urgently need to review their data retention policies to hold onto employee records for up to 18 months.

\ The importance of robust internal grievance and disciplinary processes to mitigate risks before they reach a tribunal.

Questions?
If you have any questions about the topics discussed in this episode, or if you need straightforward legal guidance for your business, we are here to help.

Connect with Antonio Fletcher on LinkedIn: https://www.linkedin.com/in/antonio-fletcher-10813067/

Connect with Rebecca Lister on LinkedIn: https://www.linkedin.com/in/rebecca-lister-b8780a234/

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Disclaimer: This podcast provides general information and does not constitute legal advice. Timelines and regulations are subject to change.

In this episode of the Headnotes podcast, Whitehead Monckton's head of Family department Emma Palmer is joined by two colleagues - Family Solicitor Sarah Brissenden and Mediator Dawn Harrison.

Together, they discuss the rise of Non-Court Dispute Resolution (NCDR) - methods designed to keep your separation out of the courtroom. With the court system currently facing severe backlogs and a lack of judicial availability, the team explains why litigation should be the "last resort" and how alternative routes can save you money, stress, and emotional energy.

From the team-based support of Collaborative Law to the neutral facilitation of Mediation, and the innovative "One Lawyer, One Couple" model, this episode is a guide to choosing the path that allows you to look back on your divorce with dignity.

In this episode, we cover:

The Court Crisis: Sarah shares her recent experiences with court cancellations and why the current system is "unstable" and costly for clients.

Collaborative Law: How having lawyers in the room who are committed not to go to court can create a safe space for negotiation (and why you might sign an "Anchor Statement").

Mediation Explained: Dawn breaks down her role as a neutral facilitator who provides legal information rather than advice, helping couples build a "Memorandum of Understanding."

One Lawyer, One Couple: Emma introduces the "new kid on the block"—a process allowed since the 2020 Divorce Act where a single lawyer advises both parties jointly to reach an amicable agreement.

The "Motorway" Analogy: Why every divorce has a destination, but you get to choose whether you take the smooth motorway or the "bumpy road" to get there.

Questions? Speak to us directly

If you are going through a separation and need advice on divorce, we are here to help. Reach out to any of our team directly:

Emma Palmer (Associate Director & Head of Family) - 01227 643267
https://www.linkedin.com/in/emma-palmer-17446170/ 

Sarah Brissenden (Associate Solicitor) - 01580 767533
https://www.linkedin.com/in/sarah-brissenden-44a14782/

Dawn Harrison (Consultant) - 01622 698013
https://www.linkedin.com/in/dawn-harrison-6a51a235/

Phone: 01622 698000 (General Enquiries)

Speak to one of our friendly lawyers at Whitehead Monckton

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Disclaimer: This podcast provides general information and does not constitute legal advice. Timelines and regulations are subject to change.