December 2015/January 2016 #152 – Law Journals

Financial Provision: Change of heart

Kate Smith looks at a Barder appeal based on the arrangements for the children of the family ‘Ordinarily, the appeal court is limited to a review of the lower court’s decision unless it considers that in the circumstances it would be in the interests of justice to hold a rehearing.’ Hot on the heels of …

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Reform: Can you hear me?

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Charlotte Palin examines whether children are sufficiently considered in family proceedings and non-court dispute resolution ‘It was proposed that as soon as practically possible, it would be normal practice that from the age of ten children and young people involved in family proceedings would be given the chance to make their views clear.’ Children have …

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EU Law: Restricted assets

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Carmel Brown considers a decision of the Court of Appeal in which the court was concerned with the interaction between EU and UK law ‘There was no circumvention because the regulations do not have the objective of preventing a court in England and Wales from ordering a Russian spouse to make maintenance payments to their …

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Disclosure: Nowhere to run, nowhere to hide

Toby Hales analyses whether the Supreme Court decisions in Gohil and Sharland will finally cheat-proof family justice ‘While every divorcing or separating couple should be encouraged to settle their finances by agreement, the jurisdiction to make such an agreement into an order lies with the court and the court alone.’ There were more than a …

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Media Access: Private affairs

Charlotte Conner summarises the diverging approaches of the judiciary to media access and privacy and the implications for the parties ‘Where parties are compelled to provide details of their economic circumstances, most would be alarmed to think that it could all be made public.’Restrictions on the reporting of financial remedy proceedings by the press have …

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International Enforcement: Foreign measures

Fiona Turner sets out the steps to be taken when enforcing financial remedy orders in the EU ‘As with any enforcement claim, give due consideration to the assets available to enforce against, the value of the potential asset, and whether a valuation of that asset may be required.’ Enforcing an order is never entirely straightforward, …

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Parentage: Fundamental failures

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In the first of a two-part analysis, Seamus Burns questions whether a recent decision of the president of the Family Division is a damning indictment on the infertility industry ‘Consent is a major legal and ethical pillar underpinning assisted reproduction and the regulatory and legislative regime.’ The decision in In the matter of the Human …

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