March 2011 #104 – Law Journals

Trusts: Beyond reach

James Riby and Cora Brown focus on the courts’ approach in cases involving trust assets ‘Recent decisions have appeared to limit the extent to which the court should attempt to “judicially encourage” independent trustees to make payments to potential beneficiaries so that the beneficiary can pay an ancillary relief order.’The decision in M v W …

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Embryology: Looking back

In the conclusion to his two-part analysis of the regulation of embryology, Seamus Burns highlights the work undertaken by the Human Fertilisation and Embryology Authority ‘Fertility treatment that had been highly controversial has, in 2010/11, become the norm or conventional medical treatment for many due, in no small measure, to the overseeing, monitoring role of …

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Inherited Assets: Preserving for the future

Chris McIntosh reviews the courts’ approach where the marital assets are inherited as in the decision in Robson v Robson ‘Financial needs should be considered in conjunction with the s25 MCA 1973 factors, viewed through the prism of the available resources, which might not have remained at a consistent level throughout the relationship.’The case of …

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Children: Geographical issues

Sarah Passemard and Helen Cort examine the Court of Appeal’s decision in Re F (Children: Internal Relocation) [2010] and consider whether it marks a change in the court’s approach to internal relocation cases ‘The test applied to a case for “purely local relocation” is less stringent than in a case where the application is for …

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Disclosure: A second bite

Kirstie Gibson outlines the differences between applications to set aside and appeals in the light of recent Court of Appeal decisions ‘The sharing principle should not be imposed on other starting points in relation to particular types of assets, depending on whether they were matrimonial or non-matrimonial.’ The recent Court of Appeal decision in Kingdon …

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Law Reform: Changing times

Lucy Loizou and Hannah Budd set out the potential options for marital agreements as considered in the Law Commission’s consultation paper ‘Some European jurisdictions do not allow couples to opt out by agreement of their obligations to ‘maintain’ one another after a divorce and a marital agreement can relate only to what would be perceived …

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Divorce: Outside the norm

In the conclusion to their two-part discussion Claire Glaister and Frances Bailey look at less commonly used divorce practice and procedure ‘An amended petition will not generally be appropriate where the parties have reconciled and subsequently separated.’ As with part one of this guide, references are to the relevant rules in the Family Proceedings Rules …

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