July/August 2017 #168 – Law Journals

International: A jurisdictional jigsaw

Alice Couriel considers the long-running proceedings in three jurisdictions in Lachaux v Lachaux and the issues addressed by the court ‘This case highlights that any jurisdictional issues should form part of any initial fact-finding exercise by practitioners.’The judgment in Lachaux v Lachaux [2017] addressed a number of interesting issues, including the status and recognition of …

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Financial Provision: Eyes front

Ayesha Vardag and John Oxley analyse the latest judgment in Chai v Peng, and the court’s approach to the law in a connected jurisdiction ‘The UK has clearly avoided European laws that allow for the application of foreign law in English courts, but the approach of judges has not always been consistent.’ The decision in …

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Special Contribution: Exceptional qualities

Lehna Hewitt reviews cases where a special contribution argument has been successful, and the outcome in Work v Gray ‘The Court of Appeal reiterated in Work v Gray that the correct approach is to determine whether a contribution is “wholly exceptional” and did not endorse the use of the word “genius”.’ It is possible to …

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Insolvency: Beyond reach

Ellen Walker sets out the principles applied where a party seeks to protect their interest against a trustee in bankruptcy using equitable principles ‘The particular facts of each case need careful consideration to determine whether the equity applies.’The equity of exoneration arises where property is jointly owned by parties A and B, and B incurs …

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Short Marriage: The lottery of needs

Moji Sobowale looks at the approach to short marriage cases, in particular as to needs in the context of standard of living ‘The fact that a marriage has been short will unavoidably affect the quantum of the financial fruits that the partnership has been able to produce.’ Although marriage is a contract, it is not …

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Embryology: Dangerous ground

In the first of a two-part analysis, Seamus Burns examines the potential for exploitation, together with ethical issues, in relation to egg sharing within IVF treatment ‘There is no doubting the scale and increasing significance of the utilisation of the “new” assisted reproduction treatments (including IVF under the HFEA 1990) designed to give desperate couples …

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Disclosure: Coming clean

Emma Doughty explores the practical challenges when dealing with the ongoing duty to provide full and frank disclosure in financial proceedings ‘It is a decision for the client as to how much they investigate their interest in a discretionary trust, but they should be warned that if it later transpires that they have failed to …

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