December 2014/January 2015 #142 – Law Journals

Non-Court Dispute Resolution: Alternative routes

Frances Bailey outlines options and steps that may be taken by the courts to encourage parties to attend non-court dispute resolution ‘The court’s powers are limited in that it cannot force either party to engage in dispute resolution; it can simply adjourn the proceedings to enable them to obtain information.’ Resolution’s third annual Family Dispute …

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Financial Provision: Issues of trust

Ruth Abrams considers the interrelationship between nuptial settlements and trusts, the procedure for permission to appeal and the significance of new relationships ‘The trustees’ specific powers to advance all of the property to the husband during his lifetime was a decisive factor that led the court to conclude that the settlement as a whole, and …

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Negligence: A cautionary tale

In the first of a two-part analysis Julian Bremner highlights the potential pitfalls of offering free-of-charge interviews and failing to fully explore a client’s options ‘The appeal court disposed very swiftly of the argument that as this short meeting had not been charged for this somehow decreased the firm’s obligations. The court found that a …

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Divorce: Fighting fraud

Rachel Donald discusses the consequences of deception in divorce proceedings and the vulnerabilities of the current procedure ‘Munby P highlighted in Rapisarda that in each of the 180 cases the English court was being deceived: fundamentally in respect of the court’s jurisdiction to entertain the petition.’ In Rapisarda v Colladon [2014] Sir James Munby, president …

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Periodical Payments: Seeking closure

Ellie Foster examines the impact of changed circumstances on applications for variation of periodical payments ‘It is critical to advise the payer of their ongoing vulnerability for capitalisation; it is an obvious way for the court to achieve the holy grail of a clean break.’ There is life after divorce and any ongoing financial relationship …

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Transparency: Open doors?

Chris Bryden and Matthew Shaw look at the issues surrounding increased transparency in the family courts and what further changes may lie ahead ‘The consultation proposals go far further than anything previously seen in the family courts, and raise real issues as to how welfare can properly be balanced against the clear public interest of …

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Lump Sum Orders: Be prepared

In the conclusion to a two-part analysis Jane Booth sets out methods of enforcing a lump sum order ‘Clients need to be aware, from the outset, that simply having the benefit of a court order for a lump sum is unlikely to be the end of matters if it is suspected that enforcement could be …

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