April 2016 #155 – Law Journals

Jurisdiction: Competing interests

Brett Frankle examines the courts’ approach to concurrent proceedings and the factors that will be taken into account ‘The court will look to see, among other things, how closely connected to this jurisdiction the family in question is, where the assets are, and what the alternative would be if the court declined to deal with …

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In Practice: Fit for purpose?

In the conclusion to a two-part analysis, Julian Bremner looks at criticisms of costs, unbundled services and weaknesses in the judicial system ‘When judges look at costs estimates, and see costs rising, they need to appreciate that those cases are not representative of how the majority of family cases are dealt with.’Part one of this …

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Property Adjustment: Future impact

James Copson explores when the court may be willing to make an interim order for sale, and the potential routes to such an order ‘In smaller money cases the same issue arises time and again – how to displace a recalcitrant spouse when the cost of separate lives is well beyond affordable.’ The decision in …

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Public Children: No substitute

Justin Slater and Rose Harvey analyse the ramifications of a recent decision on agreements to accommodate children under s20 of the Children Act 1989 ‘A section 20 accommodation of a child by a local authority should not have the impact, as it did in the case of N, of delaying the issue of proceedings, in …

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Schedule 1: Lifestyle comparisons

Vicki McLynn details the courts’ approach to persistent applications under Sch 1 and whether standard of living should be a consideration ‘Bodey J noted that the mother sought an income to enable the child to replicate his father’s life but “almost without regard to the fact that he is a seven-year-old growing up in London”.’ …

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Financial Provision: Two worlds

Fiona O’Sullivan, Mark Surguy and Gareth Griffiths compare and contrast the approaches to privacy and disclosure in family and commercial cases ‘Does the duty to make full and frank disclosure trump the employee or director’s duties to keep confidential information about the company confidential?’There is a tension between the duties owed by commercial entrepreneurs, who …

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Cohabitants: An unequal partnership?

Graeme Fraser and Stephen Morrall consider the treatment of joint investments in properties and businesses by a cohabiting couple ‘The courts treat properties used as family homes and investment properties differently and are much more inclined to find a common interest constructive trust in relation to a family home.’ The volatile stock market, high property …

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