February 2018 #173 – Law Journals

Financial provision: Planning ahead

Alice Couriel highlights issues of enforcement to be considered on the making of an order for financial provision ‘Practitioners have a duty to consider enforceable provisions at all stages of proceedings, and the court’s far-reaching discretion often assists in this regard.’ In Amin v Amin [2017] the Court of Appeal was concerned with an appeal …

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Child support: Dual homes

Patricia Robinson and David Wilkinson consider the significance of shared care, contact arrangements and the receipt of child benefit in relation to statutory child maintenance assessments ‘The First-tier Tribunal had muddled its approach towards the meaning of “day-to-day care”, as set out in Reg 50, with the Upper Tribunal clarifying that responsibility for overnight care …

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Contentious probate: Beyond the grave

Emma Collins provides a summary of case law developments regarding claims under the Inheritance (Provision for Family and Dependants) Act 1975 ‘The charities’ claim was not on a par with that of the claimant, but while the charities’ claim was not based on personal need, they depended heavily on testamentary bequests for their work.’ Family …

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Pensions: Balancing fairness

Kathryn Mason reviews the approach to pension assets accrued prior to marriage, including the significance of needs ‘Pension contributions made prior to the marriage fall into the category of assets that have not been “the financial product of or generated by the endeavours during the marriage”.’ This article considers the courts’ treatment of pre-marital pension …

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Female genital mutilation: Protective measures

Shabina Begum and Jelina Rahman set out the position as to female genital mutilation in Scotland when compared with England and Wales ‘Without clear and accurate data, it will be difficult to accurately quantify how many girls are actually potentially at risk in Scotland.’ Female genital mutilation (FGM) has been recognised as a crime throughout …

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Jurisdiction: Competing interests

Hannah Viet analyses a children case where proceedings were pending in two member states, and the correct approach to Art 15, Brussels II bis ‘Where proceedings regarding parental responsibility are brought in two member states in respect of the same child and the same issue, the court which is seised second shall stay such proceedings, …

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Fostering: A home from home

James Sandiford looks at the requirements for local authorities to have regard to culture, religion and ethnicity in foster placements ‘The statutory requirement to give due consideration to religious persuasion, racial origin and cultural and linguistic background is not limited to whether or not a child is placed with foster carers who are a “match” …

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