July/August 2014 #138 – Law Journals

Chattels: The deal breaker?

Patricia Robinson highlights the pitfalls of failing to address the division of chattels and outlines the courts’ approach to achieving fairness ‘Where there are issues in relation to chattels between a married couple or civil partners, ss23-24, Matrimonial Causes Act 1973 or Schedule 5 Parts 1 and 2 to the Civil Partnership Act 2004 are …

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Litigants In Person: Standing alone

In the first of a two-part consideration, Zoë Fleetwood explores recent cases giving guidance on key issues that arise when dealing with litigants in person ‘Recent judgments have highlighted the impact of both unrepresented parties and lack of funding for, inter alia, experts’ reports.’ Following the coming in to force of the Legal Aid, Sentencing …

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Setting Aside: Playing the odds

In the conclusion to a two-part analysis, Frances Bailey and Claire Glaister look at the options when seeking to set aside a consent order ‘To successfully set aside a consent order on the basis of common mistake it must be shown not only that there was a common mistake, but that that mistake was fundamental …

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Periodical Payments: Finding closure

Alison Green draws practical points for practitioners on variation of periodical payments from the decision in H v H div class=”pullquote”>’It is desirable to bring the parties’ financial dependency to an end – a clean break is important financially and psychologically, not only to prevent further litigation between the parties but also to exercise the …

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Embryology: New horizons

Seamus Burns examines new developments in embryology and the role of the Human Fertilisation and Embryology Authority ‘The current law specifically outlaws and prohibits doctors/clinicians placing any egg or embryo in a woman if the nuclear or mitochondrial DNA of any cell or embryo has been altered. Hence the use of mitochondrial donation in the …

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Interim Orders: Short-term measures

Kate Elliott reports on the interplay between the validity of a divorce, jurisdiction, and interim orders for maintenance and costs ‘If the non-proceedings divorce was recognisable in this jurisdiction then the wife had no right to apply for relief under Part III, MFPA 1984.’ The decision in MET v HAT [2013] raises interesting issues as …

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Children Law Reform: A new dawn

Elizabeth Hicks and Tracey Dargan set out the key changes to private children law and the likely impact of the reforms ‘The focus of the reforms is to try to get parties to resolve their difficulties without recourse to litigation.’ In November 2011 the Family Justice Review, chaired by David Norgove, published its final report …

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