July/August 2022 #215 – Law Journals

Immigration: No time to lose

Alison East highlights the importance of addressing immigration and nationality issues for looked after children It is very important that an informed explanation of a looked after child’s immigration circumstances is available on their social services file record, to ensure that when social workers move on, goals such as British citizenship are regularly reviewed and …

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Private children: Caution, not haste

Hannah Currie and Savannah Davies analyse the Court of Appeal decision in K v K as to the correct approach to fact-finding hearings in private children proceedings Although allegations of domestic abuse should not be taken lightly and should always be fully considered, the court must remain mindful of the issues at hand and aim …

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Occupation rent: A fair share

Mark Pawlowski examines the principles to be applied when a co-owner or their trustee in bankruptcy claims an occupation rent A co-owner in occupation is not obliged to pay occupation rent merely because they are living in the property and the other co-owner is not, and something more must be shown to make it just …

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Transparency: An open book?

David Wilkinson argues that the approach of Mostyn J to privacy in financial remedy proceedings in Xanthopoulos overlooks some of the key historical context The thrust of Mostyn J’s argument in Xanthopoulos was that sitting in chambers or in private (as the case may be) has never resulted, and was never intended to result, in …

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International focus: Keeping it in the family

Caroline McNally and Chantelle Woo set out grandparents’ rights with respect to children in Hong Kong At present, the law in Hong Kong does not provide for any third party, whether related to the child by blood or otherwise, to make an application to the court to be appointed as a child’s guardian on divorce …

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Maintenance: The road to independence

Deborah Jeff reflects on the approach to maintenance following the seminal decision of Mostyn J in B v S and how the principles in that case have subsequently been applied A spousal maintenance award is properly made where the evidence shows that choices made during the marriage have generated hard future needs on the part …

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Divorce: Opening the floodgates?

Nahanni Simcox considers no-fault divorce and whether the reforms might increase the attractiveness of England and Wales as a divorce jurisdiction It is imperative that parties with cross-jurisdictional assets and interests carefully consider the jurisdiction in which they issue divorce or dissolution proceedings. Following the introduction of ‘no-fault’ divorce on 6 April 2022, it will …

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