February 2023 #220 – Law Journals

Set aside: Right outcome, wrong route?

Ellie Foster analyses the court’s recent application of the Barder principles to a pension sharing order and whether the correct procedural route was adopted In Goodyear, it was necessary to understand the rationale for the pension share agreed, particularly given the flexible nature of pensions and the fact that in many cases they are treated …

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Undue influence: On the side of caution

Mark Pawlowski looks at the duties of a solicitor advising a spouse who may be at risk of being influenced into charging their interest in the family home as security for their spouse’s indebtedness The solicitor’s task in providing independent advice should not be viewed as purely a formality or a charade. They should obtain …

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Proprietary estoppel: What to expect

David Wilkinson considers the implications of the Supreme Court decision in Guest The court’s task is to do justice ‘in the round’, including to any third parties, and with reference to whether the proposed remedy (if conferred by the promisee) would be unconscionable or not. More than ten months in the making and running to …

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Cohabitation: No further forward

Daisy Minns Shearer and Emma Williams review the remedies currently available for cohabitants and recommendations for reform Reflecting on the efforts that have been made to reform this area can be frustrating, but when cohabitants’ rights on separation or death have been reviewed over the last 20 years, similar principles have emerged. Campaigners have been …

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Schedule 1: Welfare widely construed

Rebekah King and Emma Whitehead discuss the approach to liabilities and childcare costs in high-net-worth Sch 1 cases In the context of a Sch 1 application claw-back orders as to costs are unusual, but are eminently within the discretion of the judge in the circumstances of the case. In G v W [2022], the key …

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Surrogacy: A new legal direction?

Sacha Lee examines the current surrogacy framework and the potential reforms that may follow Law Commission recommendations The aim of the Law Commission’s proposals is to protect both the surrogate’s right to consent and her right to object by implementing formal requirements. They are designed to ensure that the parties are completely aware and informed …

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Financial planning: Taking care of the pennies

Sean Hilton and Peter Turnbull highlight how using cash-flow modelling can assist separating couples Cash-flow modelling can help parties to understand what is reasonably achievable from the assets and income available to them. The use of cash-flow modelling is becoming ever more common and the trend suggests that it is no longer reserved just for …

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