November 2020 #198 – Law Journals

Transparency: A clear view?

Marilyn Bell questions if, in a changing world, the current level of transparency in the family courts is fit for purpose This article considers whether the current restrictions on access to information in relation to family proceedings, and the publication of that information, are still appropriate when ‘publication’ now has a different meaning due to, …

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Schedule 1: Outside the lines?

Jemma Pollock examines the decision in DN v UD and asks whether the boundaries for when provision may be made for a child age 18 or over have been pushed too far The court concluded that if an application under Sch 1 is made before the child is 18, the court acquires jurisdiction and retains …

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Financial provision: Few and far between

Andrew Smith argues that, despite appearances, compensation awards arising from a relationship-generated disadvantage are unlikely to be commonplace following RC v JC The wife’s health had a significant bearing on her earning capacity for the foreseeable future, to the extent that Moor J would not ascribe her an earning capacity. In RC v JC [2020], …

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Remote hearings: Exceptional measures

Anna-Laura Lock and Hannah Gumbrill-Ward analyse the impact of Covid-19 and the use of remote and hybrid hearings on the family justice system The family court system was already struggling to cope with huge demands on the courts being administered by reduced court staff and a lack of judges. In C (A Child) [2020], Judd …

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Forensic experts: In-depth analysis

Nicola Wilburn-Shaw looks at the role of the forensic accountant in financial remedy proceedings, including potential issues that may be explored and possible solutions Practitioners should be alive to the relevance of Covid-19 and experts will most certainly, and indeed should, now incorporate a valuation in relation to both the pre and post Covid-19 trading …

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Mental capacity: Come to an understanding

Zoe Culverwell highlights capacity issues in financial proceedings including capacity to enter into an agreement Lawyers must keep capacity under review throughout the whole retainer as it is not something that can simply be addressed at the outset of the case and then forgotten about. Mental capacity issues are increasingly common in financial remedy proceedings …

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