June 2019 #187 – Law Journals

TOLATA 1996: Competing priorities

Mark Pawlowski examines the court’s discretionary power to order a sale of the family home at the suit of a secured creditor ‘The cases decided since the coming into force of TOLATA 1996 have continued to afford the interest of the creditor priority over the occupying spouse/partner, even in circumstances where the effect of the …

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LGBT+ parenting: Looking at the options

Eve Piffaretti and Alison Craggs set out the ways in which an LGBT+ person may become a parent, and the legal obstacles they may face in doing so ‘The proportion of children being adopted by same-sex couples in England is at its highest level, with one in every eight adoptions being by same-sex couples.’ An …

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Committal: A last resort

Chris Fairhurst looks at contempt in child abduction proceedings and when the court may impose a custodial sentence ‘Those who abduct children must expect lengthy sentences if they are found to be in contempt of court.’ In Egeneonu v Egeneonu (Rev 4) [2018] the courts had been concerned with proceedings involving child abduction, wardship, committal …

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Business assets: Sharing the golden goose?

Henry Hood provides insight on the approach to private limited company assets, including valuation and methods of division ‘A clean break can be more difficult to achieve where a company is involved because sharing over time will commonly imply ongoing income payments and a deferred lump sum on sale, or as liquidity allows.’ Coleridge J’s …

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Liabilities: A question of obligation

Rupi Rai reviews the courts’ treatment of debts in financial proceedings, particularly in cases involving family loans ‘The courts consider the steps taken by all parties when money is loaned very carefully, together with the behaviour of parties after the money is loaned, and when and why the loan is recalled.’ The family courts are …

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Financial provision: Out of bounds

In the conclusion to a two-part analysis, Bronwyn Bailey and Ethan Axelrod consider when the courts may give judicious encouragement to trustees to satisfy an order made against a party ‘The court needs to be satisfied that the trustees would be likely to respond to judicious encouragement, so that the required funds would be likely …

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Transparency: Putting children first

Lottie Tyler discusses how the courts balance competing rights in relation to transparency in the family courts ‘The journalist submitted that there was a public policy benefit in publication, and the publication of the judgment alone without supporting documentation would not enable full insight into the court’s actions and decisions.’ The end of 2018 saw …

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