June 2012 #117 – Law Journals

International Focus: Across the border

In the first of a two-part analysis Hannah Minty and Sally Nash compare the differences in practice between financial provision in England and Wales and in Scotland ‘Scottish courts do not regard themselves as having an overriding jurisdiction in dealing with financial provision upon divorce and any agreement reached between the parties.’ In recent months …

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Proceeds Of Crime Act 2002: Dual interests

Richard Shepherd looks at cases in which confiscation orders compete with financial provision claims ‘When assessing an entitlement to property for the purposes of confiscation, the ordinary and familiar common law principles of ownership and “interest” should apply.’ I must confess that I like the Proceeds of Crime Act 2002 (POCA 2002) and the law …

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Periodical Payments: Defining need

Claire Reid considers the varying approach of the courts in assessing periodical payments ‘Charles J stated that the core principle was an application of needs, assessed by reference to the standard of living the parties had enjoyed during the marriage.’ While s3 of the Matrimonial Causes Act 1973 (MCA 1973) grants the power to order …

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Adoption: Time is of the essence

Rachel Cook examines delays in adoption and best practice ‘There is delay in entering care proceedings, which jeopardises a good outcome for children, and for these children their life experiences will result in some significant behavioural challenges for potential adopters.’In April 2012, OFSTED published its report entitled ‘Right on Time’. Exploring delays in adoption. On …

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Media Law: Sticks and stones

Rupert Cowper-Coles outlines the circumstances in which media law may be relevant in family proceedings ‘Family law is inherently a practice area loaded with both highly sensitive information and highly charged emotions, while media law essentially governs the communication of such information.’ It is common for Article 8 of the European Convention on Human Rights …

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Civil Partnership: Same difference

Peter Burgess and Kay Drage discuss the implications of the Court of Appeal decision in Lawrence v Gallagher ‘Thorpe LJ confirmed that the language in Schedule 4 of the CPA 2004 (which is identical to the language of s25 of the Matrimonial Causes Act 1973 (MCA 1973)) has the same effect in law, and that …

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