May 2018 #176 – Law Journals

Cohabitants: Be prepared

Simon Pedley and Sue Brookes explore the impact of being a cohabitant when one party to a cohabiting relationship dies, and the differences that exist where the parties are not married or in a civil partnership ‘One of the factors the court is under a duty to take into account in exercising its discretion is …

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Private children: Overcoming obstacles

In the conclusion to a two-part consideration of transgender and religious issues, Emily Watson analyses the robust approach taken by the Court of Appeal as to the role of the ‘judicial reasonable parent’ ‘Welfare is a broad concept that extends to and embraces everything that relates to the child‘s development as a human being, and …

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Enforcement: Taking a different route

John Davies and Rebecca Heyworth highlight a case involving a deed entered into by spouses that was enforced in the Chancery Division following a foreign divorce ‘This case demonstrates that it is possible to enter into contractual agreements concerning maintenance on separation between unmarried couples, providing that this agreement is consistent with ordinary principles of …

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In practice: Getting ahead

In the conclusion to a two-part guide, Jemma Pollock sets out key considerations when preparing witness evidence in financial proceedings ‘The most important thing for your client to do is to reread their statement to make sure that they know their case inside out. Their witness evidence is their chance, for the first time, to …

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Recognition of overseas divorce: Not common knowledge

Lottie Tyler looks at the law on the recognition of an overseas divorce and the court‘s interpretation in a case involving issues as to sharia law and notice of proceedings ‘To be recognised, a divorce obtained through legal proceedings has to be effective under the law of the country in which it was obtained.‘ In …

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Surrogacy: Home from home?

Nicola Caffery reviews the approach to domicile in surrogacy cases, and the requirements that must be met for a parental order to be made ‘The court looked at the issue of domicile first, as if that could not be established then the application for a parental order could not proceed under s54, HFEA 2008.‘ In …

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Local authority duties: Limited liability

In the conclusion to a two-part analysis, Robert Hams, Lord Edward Faulks QC and Paul Stagg examine the Court of Appeal‘s approach to local authority duties and the implications of its judgment in CN v Poole Borough Council ‘Two aspects of the case law militated against liability: the danger of encouraging defensive decision-making, and the …

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