December 2019/January 2020 #192 – Law Journals

Private children: Protective barrier

Melanie Kalina provides a summary of the key aspects of orders prohibiting further applications under the Children Act 1989 without permission ‘The degree of restriction provided for in a section 91(14) order should be proportionate to the harm it is intended to avoid.’ Most practitioners have dealt with private children cases that never seem to …

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Financial provision: Towards a clean break

Camilla Thornton considers the approach to earning capacity and the application of the sharing principle post-Waggott ‘The sharing of an income stream is unprincipled and periodical payments should only be ordered to meet needs and rarely compensation.’ O’Dwyer v O’Dwyer [2019] is the first reported case to specifically apply the principles laid out by the …

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Non-disclosure: Preventing an unfair advantage

Nicola Meldrum and Helen Lafferty discuss the approach to quantifying assets in cases of non-disclosure and the courts’ powers in relation to the provision of a Get ‘If the court was required to fill in gaps when a party fails to comply with their disclosure obligations, that would hamper rather than assist the court’s task …

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International focus: On uncertain ground

Rose-Marie Drury looks at the relocation of children in the context of Brexit and highlights issues to be aware of ‘The advantage of the 1996 Hague Convention recognition procedure is that it is possible to seek recognition in advance of seeking enforcement.’ At the time of writing, the one thing that is certain about Brexit …

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International enforcement: One step at a time

Caroline McNally and Chantelle Woo outline the steps to register and enforce England and Wales maintenance orders in Hong Kong and recent changes in procedure ‘If the registrar concludes that the payer is residing in Hong Kong, they shall register the order made in England and Wales, and it is enforceable as if it had …

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Public children: Fight the good fight

Sarah Richardson, James Sandiford and Natasha Kirk examine the support available for vulnerable teenagers, whether they have been ‘looked after’ children or not ‘Vulnerable children entering adulthood need specifically tailored support and protection to ensure the daunting prospect of independence doesn’t push them further towards groups preying on children.’ The number of older children with …

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Alternative dispute resolution: Spot the difference

Georgie Hall compares the features of round table meetings with hybrid mediation and discusses the factors that may influence the choice of process ‘The individual client together with the needs of the case should drive the informed discussion with the client on what process suits best and why.’ It is perhaps more universally recognised at …

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