March 2012 #114 – Law Journals

Non-Matrimonial Assets: Sharing windfalls

Frances Bailey considers the latest case on lottery winnings and the courts’ approach to non-matrimonial assets ‘Much, it is clear, hinges on whether lottery winnings can be deemed matrimonial or non-matrimonial property.’ In ‘Money Can’t Buy You Love’, FLJ100, October 2010, I lamented the very limited guidance on the treatment of lottery winnings by the …

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Forensic Accountancy: Family fortunes

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Kathryn Britten and Annette Barker set out the role of the forensic accountant in analysing financial information ‘The days of a forensic accountant being appointed as an expert witness solely to opine on one or both of the parties’ financial positions at the trial stage are long gone.’ While the world’s economic landscape is ever-changing, …

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Costs: Costs principles

Tom Farley-Hills calls for a reconsideration of the costs rules in family proceedings ‘Ultimately, under the current rules, the implications of rejecting the reasonable without prejudice offer are limited because of the no costs principle.’ When the Family Procedure Rules 2010 (FPR 2010) came into effect in April 2011, one of the significant changes they …

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Practice: Hop on board

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Suzy Ashworth explains why it’s time for family lawyers to develop their social media business strategy ‘Social media are channels of communications using the internet that contain user-generated content for public consumption, enabling people to engage in a discussion or to be part of a community.’Devising business development strategies for promoting family law services is …

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Committal: Double jeopardy

James Brown looks at the Court of Appeal’s approach to committal for consecutive terms of imprisonment for contempt of court ‘It is very much a sanction of last resort with the hope that by the threat of a prison sentence the party will be coerced into compliance.’ Family practitioners will be familiar with the question …

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Children: Accommodating contact

Kate Clark reviews the Court of Appeal decision in Re K and adding conditions to contact orders ‘In Re K, the amount of time to be devoted to contact was not really in issue between the parties but, as is so common, the barrier to reaching an agreement was in the details.’ It is often …

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Trusts: Clear intentions

Caroline Watson and Matthew Feldman discuss the impact of Jones v Kernott in cases where there is an express declaration of beneficial interests ‘The question now being asked by practitioners up and down the country is whether the judiciary will again be prepared to step in to clarify the law in cases where there is …

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