March 2018 #174 – Law Journals

Service: Out of reach?

John Oxley looks at issues of service and set-aside where a party is overseas and only partially engaged with the proceedings ‘It was the contention of the husband that the 1965 Convention, as implemented through the rules in this jurisdiction, was mandatory and exclusive when service was effected abroad.‘ In Wilmot v Maughan [2017], the …

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Surrogacy: Blurred lines

Elizabeth Dowler outlines the current requirements as to surrogacy, forthcoming changes, and the potential for further reform ‘A draft remedial order was introduced in Parliament in November 2017 and proposes to amend the law to allow single people to make an application for a parental order.‘ There is no doubt that surrogacy is attracting increasing …

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Parental alienation: Better equipped?

Joanna Abrahams sets out Cafcass‘s plans to address obstructive parents, and questions whether more needs to be done ‘Cafcass‘s high conflict practice pathway is a framework designed to tackle cases of extreme and antagonistic behaviours by and between parents.‘ In 2017 it felt like the impetus behind campaigns to have Parliament recognise the issue of …

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Professional conduct: Blocking manoeuvres

Clare Williams analyses the courts‘ approach where a party to family proceedings instructs a solicitor previously consulted by the other party ‘There is no absolute rule that a solicitor cannot act against a former client, and it is for the solicitor faced with this type of situation to consider whether they can continue to act, …

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Non-matrimonial property: Diverging views

Moji Sobowale examines non-matrimonial assets and the differing approaches to such assets that have developed in case law ‘The court has a wide discretion as to how to arrive at a fair apportionment of the capital assets and can simply apply a broad assessment of the division that would affect “overall fairness“.‘ The Court of …

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Financial provision: Looking to the future

Ellen Walker considers the treatment of prospective inheritances and when they might constitute a financial resource ‘Whereas normally it would be unfair for the court to rely on a future inheritance that may not materialise, in Alireza the forced heirship laws meant that, absent any evidence to the contrary, the court was perfectly entitled to …

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Cohabitants: Ripe for reform?

Rosie Schumm and Dickon Ceadel provide a summary of the potential options for the reform of the law relating to cohabitants ‘Private members‘ bills, designed to establish a framework of rights for cohabitants on separation and/or death, have been introduced in both the House of Commons and the House of Lords.‘ Cohabiting-couple families continue to …

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