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Family Law Journal: July/August 2012
Pannone LLP

Vicki McLynn considers the importance of procedural compliance when seeking an order for costs

In the case of Arshad v Anwar [2012], the Court of Appeal reminds us that a sense of fairness alone is not sufficient to justify the making of a costs order in family proceedings. The correct procedural steps must be taken with a proper consideration as to the costs that ought to be ordered payable.

Denise Carter assesses mediation in international child abduction, the findings of successful pilot projects, experience elsewhere in the world and good practice

Mediation is a voluntary process entered into by the parties. Children mediation can sometimes take several months and many sessions before concluding in an agreement, often known as a parenting plan. If the parties are not able to come to an agreement, then the case is referred to the court for a decision on behalf of the parties. This timetable under s8 Children Act 1989 (ChA 1989) can take many months.

In the conclusion to a two-part analysis Hannah Minty and Sally Nash compare the differences in practice between financial provision in England and Wales and in Scotland

Part one of this article outlined the general principles of family law in Scotland and we considered the contrasting approaches of the Scottish courts and those in England and Wales to cases involving short marriages and civil partnerships. In this concluding part we will apply that analysis to case law involving pre-marriage assets, trusts and marital agreements and outline the jurisdictional limitations where Scottish proceedings are contemplated.

JMW

Gianna Lisiecki-Cunane examines best practice in client care and the provision of costs estimates

In these economically straitened times, practitioners may frequently find themselves dealing with unpaid costs and difficulties securing moneys on account in order to continue acting. In Cawdery Kaye Fireman & Taylor v Minkin [2012], the Court of Appeal considered the grounds on which a solicitor may or may not suspend or terminate their retainer. Most lawyers sighed with relief when the judgment was delivered. Had the first instance decision been upheld on appeal, many solicitors could have found themselves carrying out work for which they would never have been paid.

DWF

Gareth Curtis looks at the approach taken by the court in the big-money case of F v F on a range of complex assets

The judgment in F v F [2012] makes an interesting read, not only because of the criticism of the approach taken by the wife’s representatives but also, and more importantly, because of the wide range of issues involved for determination.

Crisp & Co

Chrissie Cuming Walters contemplates Re K one year on and recent government proposals on parental rights

It has been nearly a year since the Court of Appeal handed down its judgment in Re K (Children) [2011] – a judgment initially seen as a potential game-changer in relation to leave to remove applications, if not somewhat irksome to a parent wanting to emigrate with their child to pastures new. There has been much debate and speculation among practitioners as to whether Re K was, or would become, a seismic shift in both the approach and the outcome of relocation applications. Initially, the debate centred on two points: whether it marked the end of the Payne v Payne [2001] discipline and what is the meaning of ‘shared care’. The former has been written about widely so this article will not re-visit that debate save for the aspects related to shared care, which admittedly both assists and diverts.

Withers LLP

Suzanne Kingston summarises the new family arbitration scheme and sets out the processes involved

Arbitration is a form of dispute resolution. The parties enter into an agreement under which they appoint a suitably qualified person (an arbitrator) to adjudicate a dispute and make an award. The Institute of Family Law Arbitrators (IFLA) and the IFLA arbitration scheme (the scheme) have been set up following collaboration between Resolution, the Family Law Bar Association (FLBA), the Chartered Institute of Arbitrators (CIArb) and the Centre for Child and Family Law Reform (CCFLR). The IFLA is a newly formed not-for-profit company, the members of which are CIArb, Resolution and the FLBA. The scheme will operate under the IFLA and has distinct family arbitration rules.