November 2022 #218 – Law Journals

Public children: The proportionality of intervention

Manisha Marwaha analyses a Supreme Court decision on the role of the appeal court and the need for options and mitigations to be properly assessed before public law orders are made Re H-W helpfully adds clarity to the role of the appellate court in circumstances where, understandably given the profound effects of the decision to …

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Business assets: What the future holds

Jessica Smith looks at a case in which the court’s approach to the projected performance of a company was key in determining the outcome The valuation of the husband’s interest in the company was the most contested issue and much turned on whether the valuation should be uplifted in anticipation of potential ‘super-receipts’ by the …

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Local authority duties: Up in the air

Sarah Erwin-Jones and Louise Fisher ask whether the Court of Appeal judgment on failure to remove cases may result in more claims against local authorities The Court of Appeal concluded that this was a complicated and developing area of law and the courts need to analyse all the evidence at trial before reaching a definitive …

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Financial provision: A rare thing

David Wilkinson navigates the leading authorities on applications under s27 of the Matrimonial Causes Act 1973 The Court of Appeal’s judgment in Villiers is based upon the status quo ante as regards the jurisdictional position, and sets out in helpful detail the correct approach to the determination of s27, MCA 1973 applications, including what matters …

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TOLATA 1996: No harm done

Hannah Viet examines whether common intention alone will satisfy a change in the parties’ property interests in joint name cohabitant disputes In Hudson v Hathway, there was no dispute as to whether there was an express agreement between the parties, so the sole issue to be determined on appeal was whether the judge at first …

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Marital agreements: Do it well or not at all

Elizabeth Hassall and Andrew Scott consider best practice for marital agreements and the consequences of an agreement that fails to properly provide for both parties The pre-nuptial agreement failed the test in Radmacher, as no provision at all was made for the wife so that she would have ‘undoubtedly’ been in a ‘predicament of real …

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Evidence: More than meets the eye

Stuart Barlow highlights considerations in cases involving the prohibition of cross-examination by litigants in person While the appointment of a qualified legal representative will reduce some of the trauma of direct questioning by the perpetrator, the perpetrator could still frame the questions and it may be difficult for a lawyer in that role to determine …

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