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Nicola Caffery reviews the approach to domicile in surrogacy cases, and the requirements that must be met for a parental order to be made ‘The court looked at the issue of domicile first, as if that could not be established then the application for a parental order could not proceed under s54, HFEA 2008.‘ In …
Continue reading "Surrogacy: Home from home?"
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In the conclusion to a two-part analysis, Robert Hams, Lord Edward Faulks QC and Paul Stagg examine the Court of Appeal‘s approach to local authority duties and the implications of its judgment in CN v Poole Borough Council ‘Two aspects of the case law militated against liability: the danger of encouraging defensive decision-making, and the …
Continue reading "Local authority duties: Limited liability"
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Simon Pedley and Sue Brookes explore the impact of being a cohabitant when one party to a cohabiting relationship dies, and the differences that exist where the parties are not married or in a civil partnership ‘One of the factors the court is under a duty to take into account in exercising its discretion is …
Continue reading "Cohabitants: Be prepared"
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In the conclusion to a two-part consideration of transgender and religious issues, Emily Watson analyses the robust approach taken by the Court of Appeal as to the role of the ‘judicial reasonable parent’ ‘Welfare is a broad concept that extends to and embraces everything that relates to the child‘s development as a human being, and …
Continue reading "Private children: Overcoming obstacles"
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In the first of a two-part analysis, Robert Hams, Lord Edward Faulks QC and Paul Stagg summarise the background to the Court of Appeal decision in CN v Poole Borough Council and the line of relevant authorities on negligence ‘A duty of care is not normally owed to protect a person from the actions of …
Continue reading "Local authority duties: Finding fault"
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Rayner Grice looks at the consequences of religious marriages where civil requirements are not met, and the steps that may be taken to provide additional protection ‘The survey commissioned for the Channel 4 programme discovered that 28% of those who had a nikah ceremony only did not realise that their marriage wasn‘t legally recognised, and …
Continue reading "Marriage: Under a misapprehension"
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In the first of a two-part consideration of private children proceedings involving an ultra-orthodox community and a transgender parent, Emily Watson sets out the issues and the challenges faced by the courts ‘The judge indicated that this was a very troubling case and that “these children are caught between two apparently incompatible ways of living, …
Continue reading "Private children: Conflicting interests"
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Clare Williams and Holly Tootill review the circumstances in which a two-stage process to determine assets, and then entitlement, will be appropriate ‘Having a hearing to decide the extent of the asset base, and another hearing to conclude a financial order, is unusual but perhaps inevitable when the parties are very far apart on what …
Continue reading "Financial provision: One step at a time"
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Teresa Cullen and Anna Wakeling explore proposals to reform financial provision on divorce, and the potential impact of such measures ‘Critics argue that the Bill appears in part to be a reaction to “big money“ cases, and an attempt to restrict disproportionate financial awards, however, these are a very small minority of cases and in …
Continue reading "Law reform: Ending the ‘meal ticket for life‘?"
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In the first of a two-part guide, Jemma Pollock outlines key aspects of preparation for a final hearing in financial proceedings, as well as common pitfalls ‘Setting out options for where the client and the other party could live is an important part of persuading a judge that a client‘s position is realistic.’ Thankfully, most …
Continue reading "In practice: Forward planning"
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