December 2018/January 2019 #182 – Law Journals

Enforcement: Out of reach

Ruth Kearns considers the creation of corporate structures in other jurisdictions to frustrate the enforcement of a financial remedy final order ‘Historical terms such as ‘‘façade’’ and ‘‘sham’’ in fact refer respectively to two separate and distinct principles: the ‘‘concealment principle’’ and the ‘‘evasion principle”.’ It is essential that the parties have confidence that remedies …

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Financial provision: Perplexed by pensions?

Emma Doughty explores the practical challenge of protecting clients from pension pitfalls and best practice including the use of checklists ‘Once a pension report is finally received, it can be easy to rush putting forward an offer regarding pensions without taking the time to check that the client fully understands pension basics.’ The sheer complexity, …

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Schedule 1: Relocation, relocation

Shantel Burbridge analyses the court’s approach to a Schedule 1 case in which the applicant sought a replacement property for the benefit of the children ‘The court found that the replacement of one property by another does not amount to a new settlement of property, rather it is simply the substitution of one property for …

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Domestic abuse: No time to delay

Katie Ghose and Natalie Friday provide a campaigner’s and a practitioner’s perspective on the failure to protect victims of domestic abuse from cross-examination by an alleged perpetrator ‘There is a clear link between survivors’ experience of domestic abuse, including coercive control and post-separation abuse, and risks to children’s wellbeing and safety.’ The campaigner The family …

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Immigration: Conflicting views

Sital Fontenelle and Katie Newbury submit that provision in the Immigration Rules as to sole responsibility is outdated and at odds with the Children Act 1989 ‘Even in cases where a foreign court order has been obtained showing that the UK parent has legal custody of the child, the Home Office is still refusing applications.’ …

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Service: Place on notice

Amy Harris looks at the requirements as to service to seise jurisdiction, and whether a delay in serving a divorce petition may impact on the priority of proceedings ‘A court is seised once the petition is lodged with the court, and the purpose of this rule is to prevent abuse of process and to ensure …

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Business assets: Open or shut?

Rachel Nicholl examines the courts’ approach to business assets and the different orders that may be made to deal with such assets ‘While the court must consider the value of all the assets in the case in order to properly exercise its discretion, given the expenses involved in instructing an expert, this is something that …

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