April 2015 #145 – Law Journals

Enforcement: Another chapter

Mena Ruparel outlines recent developments in Prest and the requirements to be satisfied on a judgment summons application ‘An application for a judgment summons is quite a rare beast and an unusual enforcement method: the burden of proof is the criminal standard, ie beyond a reasonable double, and not the civil standard.’ The Supreme Court …

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Housing: Call of duty

Giles Peaker highlights housing issues arising in a public children case and suggests the potential remedies from a housing law perspective ‘It is doubtful that the court could actually make an order that the Royal Borough of Greenwich provide accommodation that would have any effect on the housing department.’The public children case of P (A …

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Leave To Remove: Mirage or remedy?

Gemma Vines considers practical issues when contemplating mirror orders on an application for leave to remove ‘Fundamental to the concept of a mirror order is that the foreign court shall have the right and, more importantly, the obligation to enforce the terms contained in the order.’Increasingly, family lawyers are instructed by parents wishing to take …

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Marital Agreements: On solid ground?

Simon Thomas wonders whether the only certainty that arises from a nuptial agreement is uncertainty ‘There is a desire to end some of the uncertainty that surrounds the responsibilities people have to each other after their formal relationship has ended, and to enhance the extent to which they can make their own agreements.’ The enforceability …

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Variation: Finality and fairness

Ed Heaton examines recent developments regarding applications to vary periodical payments and the potential impact of pension reform ‘Any ongoing payments should only be made for such period as the court considers sufficient for the recipient to “adjust without undue hardship to the termination of those payments”.’ The continuing, steady trickle of reported cases relating …

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Law Reform: Something for everyone?

James Brown summarises and comments on the key points in the final report of the Financial Remedies Working Group ‘The Financial Remedies Working Group has recognised that a successful aspect of the pilot scheme at the Central Family Court has been to dispense with a first appointment when both parties agree directions.’The final report of …

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Financial Provision: Extra special

Claire Reid looks at what is required for the court to conclude that a party has made a stellar contribution ‘The difficulty in comparing different contributions risks discrimination against homemakers. This unfortunate application of the law generates a distasteful distinction in the 21st century.’ In Cooper-Hohn v Hohn [2014] one of the principal issues considered …

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