October 2015 #150 – Law Journals

Human Rights: A changing tide

Suzanne Todd and Laura Kearns consider the implications of the European Court of Human Rights’ decision in Oliari v Italy ‘In circumstances where an important facet of an individual’s existence or identity is at stake, the European Court of Human Rights (ECtHR) can restrict the margin of appreciation granted to the member state.’The decision of …

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Adoption: Cause for concern

Zoë Fleetwood reviews the Council of Europe perspective on forced adoption ‘For the care practitioner this report contains much food for thought about our legal process as viewed from an international perspective. This is timely.’ Earlier this year the Council of Europe produced a report titled: ‘Social services in Europe: legislation and practice of the …

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Expert Evidence: Following the rules

Fiona Wood looks at the need to comply with the Family Procedure Rules 2010 and best practice when instructing experts in financial cases ‘It is not always possible to agree the joint letter of instruction to a single joint expert and the court may be asked to settle the letter of instruction.’It is often necessary …

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Skills: Well prepared

Andrew Baines examines how coaching can assist clients dealing with relationship breakdown ‘Coaching can put the client in the best possible frame of mind to access their optimal resources when negotiations take place.’It was on the Monday when the client sat in front of me with a look of ‘Why on earth do you think …

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Marital Agreements: A state of uncertainty

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Deborah Levy analyses the approach to a marital agreement where needs and conduct were in issue ‘If a prenuptial agreement deals with these matters in a way that a court might adopt then there should be no difficulty with giving effect to the agreement.’ The latest figures from the Office for National Statistics showed that …

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Private Children: A modern family

Richard Adams highlights the need for the law to accommodate less traditional family arrangements in children cases ‘From time to time there has to be a recognition that there are people in the life of a child, who do not have a biological relationship, who can nonetheless be very important indeed to the child.’The past …

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Standard Of Living: Lifestyle factors

Hazel Wright and Phoebe Sutton suggest that despite the provisions of section 25 the standard of living of the parties is becoming less relevant ‘It is hard to see future courts awarding periodical payments based on the standard of living in the great majority of marriages.’ When family lawyers of a certain generation die, they …

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