June 2022 #214 – Law Journals

Financial provision: An invisible cohort?

Farhana Shahzady asks whether family lawyers are failing women who are going through the menopause The worry is that the voice of some women is being lost and the level of hardship some women are being asked to endure due to menopause in later life is far from fair, when ironically fairness is the backdrop …

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Schedule 1: Setting boundaries

Matthew Hodgson and Edward Davison highlight a Sch 1 claim where the court considered the approach to indebtedness and provision to allow for future career development A claim for maintenance which is earmarked for a parent’s career development falls on the wrong side of the line between a claim which is for the benefit of …

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Liabilities: Minding your P v Q

David Wilkinson sets out the key principles to be applied in cases involving obligations owed by the parties and what may categorise a debt as hard or soft A hard obligation should appear on the judges’ computation table but where an obligation is in the category of a ‘soft’ obligation or loan, the judge may …

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Law reform: Lessons to be learnt

Beth Duffy outlines the provisions of the pilot for private children proceedings and the potential for improvements to the current process The pilot places a focus upon the consideration of alternative dispute resolution methods and makes specific reference to mediation as an opportunity for families to work in a positive and constructive way to resolve …

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Evidence: In all honesty

Holly Cook and Jacob Quested Khan consider protection from self-incrimination in private law children proceedings In all areas of law where the welfare and safety of a child is considered, the need to be honest with the court is an essential and key part of the long-established ‘working together’ principles. In F v M [2021], …

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Maintenance pending suit: One size does not fit all

Heather Lucy analyses the lessons that can be learnt from a judgment in an ultra-high-net-worth case as to interim applications more generally The preparation of a separate budget for an interim application adds an additional element of costs and can cause concern that the applicant is effectively benchmarking their needs, which can then impact on …

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Private children: Same difference?

Katherine Res Pritchard and Sacha Lee look at internal relocation and the approach taken by the courts following Re C Prior to Re C, in practice, internal relocation cases had a reputation for being difficult to contest, particularly where the distances involved were short. Internal relocation refers to a move by one parent with a …

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