February 2012 #113 – Law Journals

Legal Aid: Restricted access

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David Allison sets out the case against the government’s plans to reform legal aid ‘A radical idea, and one that ministers seem to have overlooked in their haste to deliver immediate savings, is the possible postponement of major changes to the family legal aid system until the government has responded to and implemented the recommendations …

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Financial Provision: Fair shares

In the conclusion to a two-part analysis Huw Miles looks at the courts’ approach to compensation ‘The court must take care not to create a set of rigid stepping stones or apply a formulaic approach that is not set out in the statute.’ Part one: ‘Love, honour and compensate’ In this article we will consider …

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Enforcement: Last resort

Philip Cooper and Joanna Kay look at when the courts consider it appropriate to make a Hadkinson order ‘ Hadkinson orders can be used where there has been a failure by one party to meet their obligations under an order for periodical payments and/or a lump sum payment and the paying party subsequently applies to …

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Cohabitants: Clear intentions

Ellie Foster summarises the Supreme Court decision in Jones v Kernott and considers its impact ‘There is a real practical difficulty when it comes to analysing the respective contributions made to a property over a long period of cohabitation.’ The Supreme Court has been tasked with an unusually high amount of family work in recent …

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Cohabitation Agreements: Be prepared

James Carroll and Hannah Minty set out best practice when drafting cohabitation agreements ‘In the absence of fraud, mistake or duress, an express declaration of trust is conclusive evidence of beneficial ownership unless such interests are subsequently varied.’Family practitioners throughout the country breathed a collective sigh of relief on behalf of Patricia Jones when the …

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Trusts: Different rules

Luke Barnes highlights the cohabitant cases that fall outside of the judgment in Jones v Kernott and the applicable case law ‘The claimant in sole name cases continues to face a stern test to establish a beneficial interest by virtue of an inferred common intention. In particular, it continues to be unclear what conduct may …

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Schedule 1: Affording the unaffordable

Wayne Lynn and Margaret Simpson analyse the impact of FG v MBW and whether a non-resident parent’s capital is now at risk for funding periodical payments in Schedule 1 cases ‘In the current climate there will inevitably be increasing numbers of non-resident parents (usually fathers) who are finding it increasingly difficult, if not impossible, to …

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