Child abduction: Communication is key

Shazia Khan examines guidance from the Court of Appeal as to issues of consent in child abduction proceedingsIn Re G, by delivering the children to the mother and arranging for their travel documents including their birth certificates, the father had 'fatally compromised' his case that consent had not been given for their removal. In Re…

Litigation funding: Levelling the field

Nigel Shepherd looks at litigation funding in family cases and the key regulatory and practice guidance relevant for such funding arrangementsIt may be safe to explain the key aspects of the litigation funding, but the lawyer should not offer or attempt to give any detailed financial or technical advice. Family lawyers are committed to supporting…

Financial provision: Risky business

David Wilkinson analyses a recent decision on an application to set aside based on the impact of Covid-19 on asset valuesIn FRB v DCA (No 3), a dearth of evidence regarding the specific impact of the pandemic on the husband's extensive asset base, which ranged across various countries and industries, coupled with unfavourable findings about…

Tax: Planning for the future in the present

Rosalind Fitzgerald and Sofia Thomas discuss the practicalities of 'nesting' child arrangements and the tax issues that may ariseIn a nesting arrangement, if both parties are going to utilise the second home for some time, it may well make sense to transfer the property into joint names, so that the annual CGT exemption for both…

Non-matrimonial assets: To mingle or not to mingle?

Rebecca Viola summarises the approach taken to trust assets introduced into a marriage and the factors that will be taken into account by the court as to the nature of such assetsProperty or assets owned by a party which derive from a source outside the marriage will not per se be excluded from the court's…

Special contributions: Consigned to history?

Lisa Churchill highlights how the approach to special contributions has changed over the years and how such contributions have been quantified by the courtsThe courts are seemingly now more cautious in departing from equality due to the special contribution of one party. Special contribution in a marriage has often been a difficult argument to make…

Thwaite jurisdiction: The significance of change

Hannah Currie considers a decision in complex financial remedy proceedings where the court was concerned with the application of the Thwaite jurisdiction in relation to a Rose orderWhen looking at whether the Thwaite jurisdiction applies, a key point to consider is whether there has been a material change in the circumstances since the order was…

Queen’s Speech: Ground rent reform

The government’s proposal around leasehold ground rent reform has now taken shape following the Queen’s Speech. Mark Vinall, James Duncan and Ruth Barnes examine the proposalsDevelopers (and freehold investors) will need to examine the dates on which their buyers’ contract to buy units off-plan, as compared to the commencement date of the Bill. In 2018,…

The cladding crisis: Time is of the essence

With the number of leaseholders affected by the cladding crisis estimated at 4 million and counting, Ryan Didcock and Sarah Heatley of Forsters LLP explore what practical steps leaseholders and building owners should take if fire safety defects are identified in a residential high-rise buildingDepending on the age of the building, claims may be possible…

Remote hearings: A review of practical tips, one year on

Harriet Holmes reviews the situation just over a year on, and provides some practical tips from the viewpoint of someone who has done several remote hearings, by telephone and video, of various lengthsThe need for proper and timely preparation for a remote hearing cannot be underestimated. The senior judiciary said, in March 2020, that ‘parties…