September 2014 #139 – Law Journals

Pre-Acquired Assets: Setting apart

Fiona Wood outlines the courts’ approach to assets acquired prior to marriage and the factors to be taken into account Need cannot be assessed in isolation of the factors that are the key to the performance of the sharing principle such as pre-acquired wealth. The issue of pre-acquired assets arises in many divorce cases. While …

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Equitable Interests: Showing an interest

Michael Gouriet and Jemma Thomas report on the basis in which an interest in property may be secured by proprietary estoppel ‘The detriment suffered need not be financial but must be substantial, and must be judged at the point when the person who gave the assurance seeks to renege on it.’ Establishing an equitable interest …

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Personal Injury Awards: Determining priorities

Amy Harris sets out the courts’ approach to cases in which assets derive from a personal injury award ‘The overarching principle of sharing has to be tempered to take into account the particular needs of the recipient of the personal injury award, the manner in which it was acquired and also the fact that it …

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Embryology: Ethical context

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In the conclusion to a two-part analysis Seamus Burns further examines the open consultation on mitochondrial donation and looks at ethical issues ‘A crucial feature of the draft regulations is the anonymity of the mitochondrial donor with the requirement that only non-identifying information about them is provided and furnished to applicants.’ The first part of …

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Litigants In Person: Deep impact

In the conclusion to a two-part analysis Zoë Fleetwood looks further at the impact of a lack of representation in family proceedings post-LASPO ‘There will be many cases where an applicant will not meet the new residence test and therefore, inevitably, an even greater number of litigants in person before the courts.’ The first part …

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International Focus: Overseas influence

Philippa Hewitt explores the impact of Radmacher on the approach to marital agreements in Hong Kong ‘In Hong Kong, the wording of the relevant matrimonial legislation is very similar to that of England and Wales and, for that reason, the courts tend to look to English case law to assist in interpreting that law.’ Prior …

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Financial Remedies: Dual speed

Paula Butterworth summarises two procedures designed to accelerate and simplify financial remedy proceedings ‘The logistics of following the Central Family Court pilot procedure requires both parties to engage in an early decision to follow the procedure proactively.’The reforms to the family justice system in 2014 have so far primarily impacted on children proceedings but there …

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