May 2021 #203 – Law Journals

Trusts: Every penny counts

James Lister and Sean Hilton summarise the approach to trust assets in family proceedings Case law demonstrates the need for absolute clarity from the outset, the nuanced nature of cases involving trust assets and the enhanced duties of the lawyers involved to give judges proper guidance so as to avoid unsafe decisions. It has always …

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Divorce: A limited power

Antonia Barker explores the set aside of a decree of divorce and the strict procedural requirements to be followed A decree absolute is a judgment which is definitive of a person’s status and they, and the rest of the world, must be able to rely upon it, as so many of an individual’s legal and …

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Schedule 1: All in the past?

Rebecca Stone analyses legal costs orders involving both historic and future costs The judgment in Re Z highlights the importance of solicitors applying for legal funding as early as possible, considering what credit, if any, they are prepared to extend to a client, and making it clear to clients from the outset they will cease …

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Maintenance pending suit: In the here and now

Alice Rogers examines applications for maintenance pending suit and useful practice points arising from a decision of the Court of Appeal As practitioners, we are duty bound to ensure that maintenance pending suit applications are only brought if proportionate and necessary, while advising parties of the litigation risk, particularly in light of the court’s wide …

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Specific issue orders: A matter of evidence

Alexandra Hirst considers the vaccination of children where the parents are not in agreement and the approach taken by the courts Vaccinations are not compulsory but scientific evidence now establishes that it is generally in the best interests of otherwise healthy children to be vaccinated and the current established medical view is that the routine …

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Private children: Facing the issues

Kate Newton highlights key recommendations in the report of the Family Solutions Group to encourage non-court dispute resolution in private children cases The Family Solutions Group report refers to a ‘series of scattergun initiatives’ and points to a fundamental flaw in the idea that children’s rights and welfare can be protected while they are not …

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Property: Changing intentions

Mark Pawlowski looks at how a beneficial joint tenancy can be severed after the parties purchase their family home in joint names Where the parties’ common intention manifests a clear desire to deviate from equality of shares, there is no reason, at least in principle, why severance should not operate so as to separate the …

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