July/August 2011 #108 – Law Journals

FPR 2010: Interim measures

Claire Lawson looks at the new injunction provisions set out in the Family Procedure Rules 2010 ‘The rules and accompanying practice directions in the Family Procedure Rules 2010 remain silent on the definition of an “interim injunction” and the circumstances in which such an order should be made.’ In ‘Protective measures’, FLJ 107, June 2011, …

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Pre-Acquired Wealth: Counting contributions

Kirstie Gibson studies the courts’ approach to pre-acquired wealth in a long marriage ‘Pre-marital property should be taken into account because it represents a contribution made by one party unmatched by an equivalent contribution from the other party.’ In Charman v Charman [2007] the court said that for nearly five years, since White v White …

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Children Act 1989: House and home

In the first half of a two-part analysis, Andrew Moore discusses practical and tactical considerations when providing a home under Schedule 1 to the Children Act 1989 ‘Current case law is still firmly opposed to restricting parents with residence from internal relocation unless there is a legitimate reason to do so.’ Given the diverse nature …

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Joint Tenancies: Cutting ties

Luke Barnes cautions against overlooking the significance of joint tenancies and severance ‘A failure to sever a joint tenancy during ancillary relief proceedings can have dramatic and unexpected consequences.’ It is a fair bet that most family and private client practitioners will have advised a client to consider severing the beneficial joint tenancy of co-owned …

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Pre-Marriage Assets: Modest standards

Julian Bremner analyses the impact of the treatment of pre-marriage assets on the courts’ approach ‘The court in K v L [2011] was at pains to point out that the recognition that one partner had made a greater financial contribution to the marriage than the other is not discriminative and, although superficial differences should not …

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Children: Pausing contact

Vicki McLynn considers when stopping contact offers the best prospect of re-establishing it in the future ‘European jurisprudence has made clear that the “mutual enjoyment by parent and child of each other’s company constitutes a fundamental element of family life”.’ The recent decision in Re C (A child) [2011] saw the Court of Appeal depart …

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Privacy: Behind closed doors

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Issues of privacy and human rights, examined by Claire Sanders ‘Parties to family proceedings have rarely succeeded in restricting media access or reporting where their only concern is their own privacy.’ The decision in TK v News Group Newspapers Ltd [2011] illustrates the importance of privacy in family life and its interaction with freedom of …

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