May 2022 #213 – Law Journals

Private children: Narrowing the options

Danielle Nuttall analyses the approach to orders made at interim hearings in private children proceedings Only written evidence is permitted at interim hearings unless an application is made, and granted, for the witness to attend for oral evidence. The onus is thus firmly on the party who wishes to challenge the written evidence to apply …

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Divorce: Starting afresh

Marwa Hadi-Barnes outlines the changes to divorce and dissolution with the advent of no-fault divorce, including procedural considerations Service via email is a default method under the DDSA 2020 changes, but where an application is served by email, a notice confirming such service must also be sent to the respondent’s postal address. From 6 April …

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Fertility treatment: Preparing for the worst

Natalie Sutherland looks at posthumous conception and issues of consent and legal parenthood Many of the cases dealing with posthumous conception find loved ones seeking access to the deceased’s gametes where it may not be clear to the court whether creating posthumous children is what the deceased would have wanted. It is tragic when a …

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Financial provision: Dealing with reality

Helen Cort considers the circumstances in which an order may be set aside on the basis of non-disclosure and the crucial issue of the burden of proof On an application to set aside an order on the basis of fraud, the court has to stand in the shoes of the court which made the order …

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Security for costs: Balancing factors

Polly Atkins reviews guidance on applications for security for costs and the circumstances in which such orders may be appropriate While in civil proceedings the proceedings are often stayed pending payment of the security, this is not workable where payments are monthly and may in any event be inappropriate in family cases. With the recent …

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Privilege: Behind closed doors

Jemma Pollock and Saphia Wyse examine the extent to which privilege will apply to FDR negotiations where there are allegations of fraud FPR 2010, PD 9A, para 6.2 allows parties the freedom to negotiate and make concessions knowing that, save in very limited circumstances, the contents of their discussions will not be used against them …

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Embryology: For the greater good?

In the conclusion to a two-part consideration, Seamus Burns highlights the wider issues that arise on an extension of storage periods for gametes and embryos The argument that extending storage periods increases reproductive choices for women is only partially true, as only some women will be able to afford the costly fertility process. The first …

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