December 2012/January 2013 #122 – Law Journals

Privacy: Protective steps

Jo Sanders and Linzi Bull set out the courts’ approach to issues of privacy relating to paternity The courts have looked at the extent to which the information is truly about a person’s own life or whether its focus is really primarily rooted in the life and biography of the other party who is opposing …

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Inherited Assets: Balancing point

Eleanor Aguirre considers how needs will impact on inherited assets The former matrimonial home, even if brought into the marriage by one party, usually has a central place and should normally be treated as matrimonial property. The recent High Court judgment in Y v Y [2012] provides a useful reminder of the approach the courts …

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ADR: Wide focus

In the first of a two-part analysis, Suzanne Kingston and Rachael Kelsey take a comparative view of arbitration around the world The legal framework in Scotland is well suited to the arbitration model, already allowing parties to oust the jurisdiction of the court and come to their own decision without any form of cross-check. In …

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Children: Opposing views

Mandeep Gill assesses the Court of Appeal decision in Re G (Children) (Education: Religious upbringing) [2012] Welfare extends to and embraces everything that relates to the child’s development as a human being and to the child’s present and future life as a human being. In Re G (Children) (Education: Religious upbringing) [2012] the Court of …

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Interim Orders: Relative rarity

Frank Prior and Victoria Ferguson examine the limited, and sometimes unique, circumstances in which an interim property order may be made Procedural rules are not there to plug the gaps the substantive law has left behind. Every day court lists groan under the weight of litigants, and with even more litigants in person expected after …

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Corporate Assets: Divisional divide

James Copson analyses the impact of Petrodel v Prest and the repercussions for family lawyers Rimer LJ made it clear that the husband helping himself to the companies’ assets did not alter the status of the companies as separate entities from the owner of their shares. The Court of Appeal decision in Petrodel v Prest …

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