134 results
13 May 2020 14:44
CFA UPLIFTS IN INHERITANCE ACT CLAIMS: RECENT DEVELOPMENTSChancery and commercial litigation specialist Elis Gomer has written an article on the recent decisions regarding the recoverability of CFA success fees in claims under the Inheritance Act 1975. The decisions in Bullock v Denton (HHJ Gosnell) and Re H (Cohen J) could have some far-reaching more...
The case of Re P (A Child: Remote Hearing)
As everybody is aware, there is currently a global pandemic as a result of the new virus known as Covid-19. This pandemic, whilst sadly resulting in a great number of deaths each day worldwide, is wreaking havoc on so many aspects of day to day life, including the justice system. Since the start of more...
30 Apr 2020 15:08
COURT OF APPEAL FINDS REMOTE ADOPTION HEARING INAPPROPRIATEThe Court of Appeal has today shared its judgment re A (Children) Case No: B4/2020/0626 concerning an ongoing adoption case. The Court has decided not to uphold the judgment handed down by HHJ Dodd, which stated the final hearing of a year-long adoption case should not take place remotely, as it more...
The State's positive obligations in a pandemic: do we have a right to health?
World Health Day (7th April 2020) found the world in the midst of a fight against one of the biggest threats to our generation, and potentially generations to come. While the world is busy fighting off a raging pandemic, many are questioning whether states could and should have done more to prevent more...
13 Mar 2020 16:06
Domestic abuse programmes – are we running before we can walk?This week in the budget, the government re-iterated its commitment to supporting victims of crime. Specifically “the government will provide an additional £5 million to begin a trial of domestic abuse courts in England and Wales, allowing criminal and family matters to be considered together. To more...
6 Mar 2020 13:46
How to target the most serious domestic abusersThere are very few who criticise the draft domestic abuse bill. But many campaigners will admit that the measures in it are unlikely to significantly reduce abuse. It has good proposals – it’s right that those accused of DA (domestic abuse) should not cross examine their alleged victims in the more...
28 Feb 2020 14:44
We cannot lose sight of the illegality of forced marriageIt may be 2020 but forced marriages remain prevalent in this country despite being illegal under British law. All lawyers practising in the family courts and the Court of Protection need to know how to spot telltale signs and to know that, in most family proceedings, forced marriage protection more...
24 Jan 2020 12:43
MA responds to report on evidence led domestic abuse prosecutionsHM Crown Prosecution Service Inspectorate (HMCPSI) and HM Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS) have published a joint report on evidence led domestic abuse cases. The report finds that the handling of evidence led domestic abuse prosecutions requires improvement and that more...
7 Nov 2019 10:47
Children Act 1989 and a child’s rights thirty years laterChild rights in 2019 The Children Act 1989 (CA 1989) received Royal Assent on 23 November 1989 (30 years ago); and it was in force from October 1991. It was a major reform of children law which required everyone – parents, children (when of ‘understanding’), judges, social workers, health more...
6 Nov 2019 11:39
Recommendations for the Residence Nil Rate BandA chapter in the recent Office of Tax Simplification’s (OTS) report, “Simplifying Inheritance Tax”, is dedicated to the Residence Nil Rate Band. This was much anticipated by our Private Client team as it is a complex area of Inheritance Tax law which frequently impacts upon wills and tax planning. more...
24 Oct 2019 09:45
Changing which parent a child lives with - parental alienationParental alienation continues to be increasingly recognised by the family courts. What is more, judges are taking increasingly robust steps to resolve situations where one parent turns a child or children against the other parent. In the recent case of PA v TT the High Court ordered that a twelve more...
16 Oct 2019 09:52
Getting divorced after a no-deal Brexit could be much more expensive for European couplesIf the United Kingdom leaves the EU without a deal, then the cost of getting divorced in some cases will increase dramatically. If both partners in a marriage currently apply to different countries in the EU for a divorce, then the country where the first proceedings were issued would usually keep more...
8 Oct 2019 10:52
Wife fails to overturn financial award made in arbitrationA recent decision in the High Court upholding a financial award made in arbitration confirms the courts’ support for arbitration in financial proceedings. It also acts as a warning to anyone seeking to appeal a family arbitral award. Tim Carpenter and Lydia Fowler review the decision. The Family Law more...
1 Oct 2019 14:27
What is a“Mother”, in law?A person who undergoes the physical and biological process of carrying a pregnancy and giving birth, irrespective of gender? This was the ruling of the Rt. Hon. Sir Andrew McFarlane P, President of the Family Division, on 25th September in TT, R(on the application of) v The Registrar General for more...
11 Sep 2019 16:04
We are Recruiting!!With our recent celebrations of Part-Time Judicial appointments we are recruiting!! We offer a progressive attitude, friendly and efficient clerking team. We promote a positive work life balance in the beautiful South West and promote wellbeing which is recognised by being awarded a Wellbeing more...
11 Sep 2019 10:51
So close but yet so far - the end of no fault divorce reform?The recent developments in the Houses of Parliament have ended the immediate prospects of no fault divorce reform. The Divorce, Dissolution and Separation Bill had been making swift progress towards becoming law. It was proving to be a popular legislative change that promised to reduce blame and more...
4 Sep 2019 09:23
"Show me the money" - how will the court deal with hidden assets in divorce?This is our second article exploring disclosure within divorce and dissolution of civil partnership proceedings. The first article called “Divorce and financial disclosure” can be found by clicking here. This article explores how courts deal with allegations of non-disclosure. One or both parties more...
7 Aug 2019 09:38
The “long arm” of the police – how “confidential“ are family proceedings?“Not very” seems to be the answer in the Court of Appeal decision in M (Children) [ 2019] EWCA Civ 1364 Sir Andrew McFarlane upheld Keehan J’s decision to disclose the parents’ initial statement and position statement to the police following the initial interim care hearing. In family proceedings more...
31 Jul 2019 14:58
Disclosure of material from care proceedings to the policeThe Court of Appeal has held in Re M (Children) (Disclosure to the Police) [2019] EWCA Civ 1364, that the Re C test for disclosure of material from care proceedings to the police remains good law after 23 years, and in the light of the Human Rights Act 1996, but with the qualification that more...
24 Jul 2019 15:00
Making sexual relations …….. personalOn 16 July 2019, Mr Justice Hayden, the Vice President of the Court of Protection, handed down his judgment in the case of LB Tower Hamlets v NB & AU [2019] EWCOP 27 which considered the test for capacity to consent to sexual relations. Why is this judgment significant? The case considered whether more...
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