April 2018 #175 – Law Journals

Local authority duties: Finding fault

In the first of a two-part analysis, Robert Hams, Lord Edward Faulks QC and Paul Stagg summarise the background to the Court of Appeal decision in CN v Poole Borough Council and the line of relevant authorities on negligence ‘A duty of care is not normally owed to protect a person from the actions of …

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Marriage: Under a misapprehension

Rayner Grice looks at the consequences of religious marriages where civil requirements are not met, and the steps that may be taken to provide additional protection ‘The survey commissioned for the Channel 4 programme discovered that 28% of those who had a nikah ceremony only did not realise that their marriage wasn‘t legally recognised, and …

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Private children: Conflicting interests

In the first of a two-part consideration of private children proceedings involving an ultra-orthodox community and a transgender parent, Emily Watson sets out the issues and the challenges faced by the courts ‘The judge indicated that this was a very troubling case and that “these children are caught between two apparently incompatible ways of living, …

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Financial provision: One step at a time

Clare Williams and Holly Tootill review the circumstances in which a two-stage process to determine assets, and then entitlement, will be appropriate ‘Having a hearing to decide the extent of the asset base, and another hearing to conclude a financial order, is unusual but perhaps inevitable when the parties are very far apart on what …

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Law reform: Ending the ‘meal ticket for life‘?

Teresa Cullen and Anna Wakeling explore proposals to reform financial provision on divorce, and the potential impact of such measures ‘Critics argue that the Bill appears in part to be a reaction to “big money“ cases, and an attempt to restrict disproportionate financial awards, however, these are a very small minority of cases and in …

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In practice: Forward planning

In the first of a two-part guide, Jemma Pollock outlines key aspects of preparation for a final hearing in financial proceedings, as well as common pitfalls ‘Setting out options for where the client and the other party could live is an important part of persuading a judge that a client‘s position is realistic.’ Thankfully, most …

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Inheritance Act: Defining maintenance

Michael Radnor provides an analysis of the Court of Appeal decision in Lewis v Warner as to what constitutes reasonable financial provision ‘Maintenance, and thus the applicant‘s need, does not need to be purely financial as it is “flexible and falls to be assessed on the facts of each case“, and therefore could include the …

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