February 2016 #153 – Law Journals

TOLATA 1996: Unfamiliar territory

Clare Williams analyses claims under the Trusts of Land and Appointment of Trustees Act 1996 and the court’s potential creativity in such cases ‘It is not always easy to find simplicity in a TOLATA 1996 case, particularly where there are interlinked assets and personal relationships involved.’Most family lawyers specialising in financial dispute resolution work mainly …

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Non-Disclosure: Facing the music

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Rebecca Harling highlights the consequences of material non-disclosure and the approach of the courts ‘The Supreme Court has confirmed that dishonest spouses found to have concealed their assets during the course of proceedings should not be allowed to benefit financially from their material non-disclosure or fraud.’ All parties to financial remedy proceedings are subject to …

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Embryology: Lessons to be learnt

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In the conclusion to a two-part analysis, Seamus Burns looks at the wider considerations revealed in a fertility treatment case and the issues to be addressed ‘The finger of blame and responsibility was clearly pointed at the infertility independent statutory regulator, the HFEA, and the senior management in the infertility clinics who should manage the …

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Costs: Behaving badly

Lyn Ayrton and Claire O’Donnell suggest that costs orders penalising ‘litigation conduct’ may be on the rise and discuss some recent cases ‘There has been a notable increase in reported cases in which the court has made substantial costs orders for various aspects of litigation conduct.’There are two main types of conduct that may be …

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Cohabitants: A new age?

Deborah Jeff considers potential changes to the law relating to cohabitants and provides a timely reminder of the limited remedies currently available ‘The Cohabitation Rights Bill aims to provide basic protection for cohabitants, whether same-sex or opposite-sex, which is similar to, but not as generous or extensive as, the rights available to married couples.’ Figures …

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Civil Restraint Orders: Under control

Emma Morris examines the powers of the courts to make civil restraint orders and the circumstances in which such an order may be appropriate ‘The effect of a general civil restraint order is that if a party who is subject to one makes an application to any court without first obtaining permission, the application will …

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Private Children: Best-laid plans

Helen Cort outlines the steps that may be taken to enforce child arrangements orders and provides practical tips on the drafting of such orders ‘The first task for the judge hearing an application for committal for alleged breaches of a mandatory (positive) order is to identify, by reference to the express language of the order, …

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