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Kirstie Gibson considers the court’s approach where a Schedule 1 application is made by a non-resident parent ‘The father’s obligations relating to housing and maintenance related only to the child, and to the mother only insofar as they related to the child.’ In N v C [2013], an interesting decision regarding an application under Schedule …
Continue reading "Schedule 1: Defining benefits"
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Huw Miles analyses issues of evidence regarding complex trust and corporate entities as highlighted in the decision of CR v MZ ‘It was the conveyancing solicitors who apparently advised that it would be “more efficient” to put the property into a company. The file contained no explanation of that advice and it did not in …
Continue reading "Trusts: Trust issues"
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Emily Watson provides clarification on when EU children cases can be dealt with in England and Wales ‘The mother was “proroguing jurisdiction”, ie agreeing that the Spanish court could exercise jurisdiction despite the English court having general territorial jurisdiction.’The case of Re S (A Child) [2013] was heard by Cobb J and dealt with an …
Continue reading "Children: Proroguing jurisdiction"
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Fiona Wood looks at the type and appropriateness of interim capital orders that may be made under a variety of provisions It is possible under a variety of provisions to obtain an “interim” order for sale of a property or an interim lump sum order. However, the circumstances in which these applications are likely to …
Continue reading "Capital Orders: Interim measures"
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In the first part of a two-part article on the changing legal market, Paul Linsell and Kate Stovold discuss the importance of costs information ‘The place at which family law services are delivered is an interesting point at present, with technological advances paving the way for more “remote servicing”.’ If you speak to any family …
Continue reading "In Practice: Informed options"
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Stephen Smith highlights areas of conflict between family law and other divisions and the potential issues that may arise ‘The Supreme Court will decide in Prest whether the need for a fair result on the family issues enables private corporate arrangements to be disrupted and the corporate veil pierced.’ As a family lawyer I, along …
Continue reading "Financial Provision: Divisional conflict"
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Hazel Wright explains how the court is seised of a matter and issues regarding international service Many of us work with international cases. We are used to different concepts applying in different jurisdictions. We know that the first thing to do if you are contacted about a possible new case with a connection with another …
Continue reading "Jurisdiction: Complete service"
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Olivia Checa-Dover and Deborah Smithies assesses the varying rights to be balanced when considering witness anonymity ‘In the Supreme Court’s view, there is an inherent value in disclosure, regardless of whether the evidence can be tested in cross-examination’ From time to time, in cases involving residence and contact arrangements for children, an allegation is made …
Continue reading "Children: The limits of confidence"
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Toby Hales discusses key areas of best practice for client care and complaints handling ‘It is abundantly clear that it is in the interests of every firm to ensure that complaints are minimised, and that when they occur, they are dealt with in an efficient and client-centred manner.’ Family clients complain: this is a fact …
Continue reading "Complaints: Focusing on outcomes"
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David Lister looks at a recent Schedule 1 decision and compares and contrasts A v A costs allowances with the new legal services orders ‘A “costs allowance” is not a “costs order”, and so falls outside the provisions of the FPR 2010 that there will generally be no order as to costs.’ In the Schedule …
Continue reading "Legal Costs: Brave new world?"
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