December 2016/January 2017 #162 – Law Journals

Experts: Closer examination

Graeme Fraser and Rakesh Kapila look at when it is necessary and proportionate to instruct a forensic accountant in financial proceedings ‘A forensic accountant’s report could show that Bob’s shares in Better Bricks have substantive value and that they represent a significant proportion of Bob and Abigail’s joint matrimonial assets. This could result in a …

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Female Genital Mutilation: Raising awareness

Anne-Marie Hutchinson and Shabina Begum consider mandatory reporting duties, legislation and the development of the case law in relation to female genital mutilation ‘Although FGM is a crime in the UK, as the primary victims are children, namely young girls, this matter is usually treated as a child protection issue.’ According to the NHS statistics …

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International Focus: Developing markets

Rita Ku and Philippa Hewitt outline family law in China, and cross-border issues with Hong Kong, in the context of the rapid growth in Chinese high-net-worth divorces ‘A common scenario sees a wife and children living in Shenzhen, Beijing or Shanghai while the husband and father lives and works in Hong Kong.’ The papers are …

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Inheritance Act: Cutting the cord

Lottie Tyler reviews how an adult child’s conduct can affect a claim brought under the Inheritance Act (Provision for Family and Dependants) 1975 ‘It appears that the courts will often focus on preserving a wide discretion, but this creates a level of unpredictability as to the weight conduct is given.’ The successful claims brought by …

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Brexit: Creating uncertainty

Lara Myers highlights the implications of Brexit and the potential impact on jurisdiction issues in family proceedings ‘While use of the most convenient forum test may lead to fairer outcomes in many cases, it will also result in increased and expensive litigation.’Given the increasingly international nature of families, the implications of the leave vote in …

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Strike Out: Early doors

Rachel Nicholl revisits the impact of Vince v Wyatt and guidance on applications to strike out in family proceedings ‘The court may strike out a statement of case if it appears to the court that the statement of case discloses no reasonable grounds for bringing or defending the application.’An application to strike out a statement …

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Trusts: Finding a way

Peter Steen and Robert Hines examine firewall legislation and the tension between legal fairness and economic expediency ‘It is evident that provisions of firewall legislation will prevail over questions of comity in circumstances where action by the trustees would result in them exceeding their powers under the trust.’ Asset protection, rather than legitimate tax mitigation, …

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