March 2016 #154 – Law Journals

In Practice: Cause for concern

In the first of a two-part analysis, Julian Bremner suggests that current pressures on the courts, family lawyers and the parties are damaging the justice system ‘It has never been more important for a practitioner to locate, befriend and foster a good relationship with a helpful individual member of the court staff who is effective …

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Surrogacy: Reform needed?

Louisa Ghevaert outlines the findings and recommendations contained in a report on UK surrogacy, including survey results ‘The informality of surrogacy in the UK can make intended parents anxious that their surrogate may have a change of heart and decide to keep their child.’The report of the Surrogacy UK Working Group on surrogacy law reform, …

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Child Abduction: Examining options

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Simon Heaney and Hannah Williams set out a reminder of the remedies available to left-behind parents in both the criminal and civil courts ‘Legal aid is available for left-behind parents whose children have been removed to England or Wales, and many countries will meet, or at least subsidise, the legal costs of the left-behind parent.’The …

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Transparency: Maintaining privacy

Alice Twaite discusses issues arising from new research on jigsaw identification, and wider concerns as to transparency in children cases ‘The research illustrates that children may be at potential risk of jigsaw identification by anyone likely to find and read the judgment, and search the internet, if families continue to post details of their children …

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Business Assets: Back to reality

Joanne Green looks at business assets including valuations, issues of liquidity and the options available to the court ‘When deciding how to deal with the business assets, the court should first consider whether there are any available funds in the business and if there are, the most tax-efficient way of extracting them from the business.’When …

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Skills: Finding solutions

Andrew Baines assesses how complex adaptive system analysis can be utilised within the mediation process ‘Using a multiple-cause diagram can help identify a dysfunctional system that has unwittingly run out of the control of the parties’. Both mediation and complex adaptive system analysis are relatively new disciplines. Each seeks to make some sense of the …

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Enforcement: A rare bird

Lottie Tyler considers whether a court-appointed receiver may be an overlooked method of enforcement, not an unjustifiable expense ‘The possibility of an order appointing a receiver can be a substantial threat to wield against a respondent who is used to enjoying autonomy and control in all aspects of their life.’ The decisions in Sharland v …

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