February 2015 #143 – Law Journals

In Practice: Held to account

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Deborah Levy examines the decision in J v J and looks at solutions to excessive costs in family cases ‘In theory, it is not unreasonable to believe that fixed pricing for each stage of the proceedings could well provide a solution, but one may be faced with a client who has unrealistic expectations.’In October 1999 …

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Negligence: Tread carefully

In the conclusion to a two-part analysis Julian Bremner suggests a cautious approach to new client enquiries with a focus on risk management ‘The risk of exposure to negligence highlighted by Padden is analogous to the risks posed by providing limited services on a limited retainer, often referred to as “unbundling”.’The first part of this …

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Financial Provision: Fair shares?

Michael Gouriet and Natalie O’Shea consider the validity of the compensation argument in financial remedy proceedings ‘Do family lawyers need to quantify a client’s potential claims on an “either/or” basis (loss-related and needs-related) so as to be prepared to run the case either way?’ The Court of Appeal judgment in H v H [2014] confirms …

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Capacity: Hard decisions

Huw Miles looks at issues arising and procedure when a client may lack capacity to conduct financial proceedings ‘Capacity is both specific to every particular issue and every instant in time: it can even be person specific, so that what seems a simple concept can quickly develop into something else entirely.’ Liberty is a fundamental …

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Maintenance Agreements: Dead letters?

Joanne Hall highlights the potential rebirth of maintenance agreements together with practice and procedure ‘Once it is established that a maintenance agreement is valid, meeting the formalities required, a court can vary or alter the agreement during the lifetime of the parties, when both parties are domiciled and habitually resident in England and Wales.’ In …

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Pensions: All change

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Rebecca Dziobon outlines the major pension reforms ahead and key areas of change impacting on family law ‘The ability for retirees to access their funds in more flexible ways may result in the court adopting a different view of the nature of the pension rights involved in a case.’In the 2014 budget, the government announced …

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International Focus: Same difference?

In the first of a two-part analysis Suzanne Kingston, Stacy Choong, Philippa Hewitt and Natalie O’Shea set out a comparison of family law in England and Wales, Hong Kong and Singapore ‘As family law in England and Wales has evolved to fit the times, so the laws in Hong Kong and Singapore have changed in …

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