June 2014 #137 – Law Journals

Mental Capacity: Ten years the wiser?

Deborah Smithies and Olivia Checa-Dover discuss the Mental Capacity Act 2005 and concerns as to how it is working in practice ‘If people are presumed to have capacity unless the contrary is demonstrated, when should carers (or other potential decision-makers) be embarking upon an assessment exercise?’ As the Mental Capacity Act 2005 (MCA 2005) approaches …

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Step-Parents: Blended rights?

Camilla Fusco and Lehna Hewitt set out the remedies available to step-parents in relation to children ‘A step-parent does not automatically obtain parental responsibility for a stepchild just by marrying or entering into a civil partnership with the child’s parent.’In a recent address to the Medico-Legal Northern Ireland Society, Lord Wilson of Culworth drew attention …

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Insolvency: Alternative route

Vanessa Mitchell examines the options available under the Insolvency Act 1986 ‘The circumstances of a case will influence the extent to which the Insolvency Act 1986 can be a useful tool – the setting aside of a transaction may be more beneficial if eg there would be adverse tax consequences if monies were paid out.’ …

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Pet Disputes: For richer, for paw(er)

Rebecca Harling reports on the often vexing issue of the ownership of pets on relationship breakdown and the courts’ approach ‘The law in England and Wales regards pets as chattels in the context of a financial settlement, to be divided up in the same manner as the dining room table or television.’ A recent survey …

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Family Businesses: The golden goose

Rebecca Stone reviews the case law relating to family businesses and the differing approaches taken by the courts to such assets ‘In F v F (clean break: balance of fairness) [2003] the judge accepted that where some of the assets are illiquid it may not be possible to achieve either the aim of equality or …

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Legal Services Orders: Setting boundaries

Richard Adams considers applications for legal services orders and the guidance available from the courts ‘When applying for a legal services order it is fundamental that such applications are only made to obtain costs to allow the applicant to obtain legal services in respect of ongoing and future proceedings.’ The decision of Mostyn J in …

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Setting Aside: Half-truths

In the first of a two-part analysis, Claire Glaister and Frances Bailey look at the prospects of success when seeking to set aside an order on the basis of non-disclosure ‘The Court of Appeal stressed that there was no support in any of the authorities for the use of Ladd alone to form a jurisdiction …

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