April 2017 #165 – Law Journals

Media Access: Balancing act

Abigail Lowther reviews the right to privacy in proceedings before the Court of Appeal ‘In cases where the question of privacy is raised the court will balance a party’s rights under Art 8 (right to a private and family life) of the European Convention on Human Rights (ECHR) and the freedom of expression conferred by …

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Costs Allowances: Back-door costs?

Che Meakins assesses the difference between costs already incurred and those required to fund future litigation on an application for a legal services payment order ‘The decision in BC v DE is a clear reminder that an application in relation to costs incurred in the earlier stages of financial remedy proceedings is perfectly legitimate.’In BC …

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Financial Provision: Time gap

Claire Molyneux summarises the courts’ approach to delay in making a financial remedy application, and how the principles in Wyatt v Vince are being applied ‘In weighing the factors, consideration must be given to the effect on the financial affairs of the other party, prejudice to the other party and the explanation for the delay.’ …

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Mediation: Over the line?

Alison Schmidt looks at the arguments for and against mediators drafting financial consent orders ‘Many mediators have reported an increasing number of requests from clients to convert the terms of the memorandum of understanding into a financial consent order capable of being lodged at court.’In November 2016, the Family Mediation Council (FMC) issued a member …

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Validity Of Marriage: When we are married

Moji Sobowale outlines the law relating to the recognition of an overseas marriage, and the potential outcomes on an application for a declaration of validity ‘The production of a marriage certificate issued by a competent authority, in accordance with the registration laws of the country in which the marriage took place, will usually be sufficient …

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Privacy: Behind closed doors

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Shlomit Glaser and Tim Jones examine issues of privacy and confidentiality in family proceedings ‘There remains a judicial discretion to determine whether the media can be in attendance and the extent to which what they witness may be reported.’ Confidentiality can be a significant issue in family proceedings for many divorcing couples. This is particularly …

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Law Reform: The digital revolution

Ellen Walker considers proposals for family cases to be dealt with online, and developments to date ‘The Ministry of Justice has agreed to implement the concept of the online court, and legislation is being prepared to provide for the development of a wholly new set of procedure rules.’In the Autumn Statement 2015, the then Chancellor …

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