Wills & Trusts Law Reports | Spring 2022 #186The deceased left the entirety of his modest estate to the appellant, his wife of many years. At the time of the proceedings, the appellant was a frail woman in her 80s who was profoundly deaf and living in a care home. The respondent, the estranged adult daughter of the deceased, brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975. The appellant originally failed to file an acknowledgment of service and evidence in accordance with CPR 8.4-8.6. She obtained relief from sanctions by consent but failed to meet the new deadline. No further ...
Amy Baugh suggests that the family courts may be subverting the strict considerations applicable to costs orders when dealing with debts arising from legal costs There is no rule requiring an analysis of a needs-based award of unpaid legal fees against the principles applicable to an actual costs order and such a comparison would serve …
Continue reading "Financial provision: Under the radar?"
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Sophie Groves and Valeria Gampl consider the impact of non-financial conduct in financial proceedings Despite the statutory provision naming conduct as one of the factors the court takes into account, the reality of arguing non-financial conduct successfully remains reserved to cases of truly exceptional circumstances. Family law practitioners are often faced with difficulties in managing …
Continue reading "Conduct: In the extreme"
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