This category can only be viewed by members.
Frances Bailey considers the courts’ approach where a party’s conduct during proceedings is in issue ‘An analysis of any add-back argument must also include an analysis of what both parties have spent and that the argument must be analysed in context.’ As ever, the law reports are seemingly full of cases where one party’s approach …
Continue reading "Litigation Conduct: Drawing inferences"
This post is only available to members.
In the first of a two-part article Duncan Ranton discusses changes ahead for fostering and its inter-relationship with adoption ‘The government has not been coy about declaring its commitment to vulnerable children, which it seeks to evidence by speeding up adoption processes.’ All too often, fostering is treated as adoption’s poor relation. In the current …
Continue reading "Fostering: Poor relation?"
This post is only available to members.
Paula Butterworth analyses the impact of the Supreme Court decision Prest in a cohabitant case ‘It was accepted by the Court of Appeal that this was not a case in which there was scope to pierce the corporate veil, so as to identify the second defendant company with the first defendant.’ The Court of Appeal …
Continue reading "Cohabitants: Life after Prest"
This post is only available to members.
Vicki McLynn explains why the Court of Appeal’s decision in Tattershall is a reassuring reminder on needs ‘The decision in Tattershall is more a reassuring reminder that in many financial remedy cases the starting point and the finishing point is the needs of the parties.’ Reported decisions in financial remedy cases very often involve substantial …
Continue reading "Financial Provision: Limited appeal"
This post is only available to members.
Brian Dempsey compares legislation on marriage for same-sex couples in England with that in Scotland ‘Neither the English nor the Scottish provisions create a new status of ‘same-sex marriage’ and references to ‘same-sex marriage’ are therefore both incorrect and suspect.’The UK and Scottish governments have acted to allow same-sex couples to marry. This has been …
Continue reading "Same-Sex Marriage: Equal rights"
This post is only available to members.
Sarah Woodsford and Mary Gaskins summarise guidance and practice points on freezing orders in UL v BK (Freezing Orders: Safeguards: Standard Examples) ‘There has to be proof of an intention to dissipate, which means a deliberate or reckless dealing in relation to assets, rather than some random event unconnected to the motives of the respondent.’ …
Continue reading "Freezing Orders: A judicial warning"
This post is only available to members.
Rebecca Harling analyses a rare application to terminate a father’s parental responsibility ‘The main issue for Baker J to consider was if the circumstances of the case justified the termination of the father’s parental responsibility and if termination would be in breach of his article 8 and 14 rights under the European Convention on Human …
Continue reading "Parental Responsibility: Closing the door"
This post is only available to members.
Beverley Jones discusses the legal and financial issues surrounding surrogacy and clarifies the rights of all parties involved ‘The woman who gives birth to a child is the only person with parental responsibility for the child and therefore has the right to keep it, even if they’re not genetically related.’Following the Department of Health’s recent …
Continue reading "Surrogacy: Back to reality"
This post is only available to members.
Rebecca Huxford considers the arguments for and against the introduction of a limitation period in financial proceedings ‘There are cases where the applicant may have very good reasons for not bringing the claim earlier, even if the delay is one of many years.’ Unlike most areas of law, limitation periods are unfamiliar territory to family …
Continue reading "Financial Provision: Time is money"
This post is only available to members.
Kim Beatson and Lehna Hewitt look at recent decisions on leave to remove and the factors that will be taken into account by the courts ‘In Re B (Children) Thorpe LJ stressed that each case was fact-dependent and that the applicant’s explanation for the planned relocation would be at the core of every case.’ Holman …
Continue reading "Leave To Remove: Best made plans"
This post is only available to members.
