May 2015 #146 – Law Journals

Maintenance Pending Suit: In excess

Richard Adams examines the impact of the parties’ standard of living on interim maintenance and the broad-brush approach of the courts ‘Interim hearings are expensive and, as such, should be pursued only when, on a broad assessment, the court’s intervention is manifestly required.’Many family law practitioners will be familiar with the maintenance pending suit budget …

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Scotland: A different way

Philippa Cunniff contrasts the approach of the courts in Scotland to spousal maintenance to that of England and Wales ‘The Scottish courts have generally adopted a cautious approach to awards of periodical allowance, with the result that Scotland has gained a reputation for its lack of generosity towards the economically weaker spouse.’There is a general …

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Bonus Payments: Setting limits

Helen Marriott highlights the challenges of dealing with bonus payments when assessing periodical payments ‘The periodical payments award may be partitioned, with needs being met from the base salary, and additional discretionary items being met from the bonus on a capped percentage basis.’Bankers’ bonuses frequently dominate the headlines and occupy the political platform. Bonuses may …

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Appeals: Last chance

Edward Floyd looks at the court’s jurisdiction where permission to appeal has already been refused and the meaning of a real prospect of success ‘It is important to recognise the distinction between the test for granting permission to appeal and the more rigorous test for granting or refusing a substantive appeal.’ In McHugh v McHugh …

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DNA Evidence: Providing certainty

Victoria Sterritt takes a critical look at the pros and cons of government funding for DNA testing ‘The availability of DNA testing should allow the court to timetable hearings with more certainty and therefore streamline the court process as a whole.’In February 2015 Justice Minister Simon Hughes made an announcement regarding orders for and the …

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Change Of Name: A balancing act

Daniel Sanders weighs up the factors to be taken into account on an application for change of a child’s name ‘Significant justification for a change of surname is required and must be consistent with some positive feature or features towards promoting the child’s welfare, rather than causing some detriment or no benefit at all.’ There …

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Financial Provision: Step too far

Paula Butterworth considers the issues arising in Mann as to agreements to mediation and when an order may be varied ‘The Court of Appeal found that no interim relief could be provided in the absence of an order capable of variation and that in this case there were no orders so capable.’Mann v Mann [2014] …

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