November 2015 #151 – Law Journals

Cohabitants: Uncertain outcomes

Rachel Willmott considers the remedies available to cohabitants as to the transfer of a tenancy and the consequences of provision for liberty to apply ‘It would have been better if, had the judge felt that justice required a fuller exploration of the possibilities of alternative accommodation (which he evidently did), he had simply adjourned the …

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Financial Provision: Continuum or new venture?

Joanne Hall summarises the courts’ approach to post-separation growth in assets and the diverging views of the judiciary ‘The judgment in JB v MB reinforces that the law on post-separation accrual is highly fact specific and discretionary but must also be consistent and predictable.’ If the title of this article sounds like a Star Trek …

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Mediation: Middle ground

Alison Bull examines the rise of mediation in the family justice system and the market challenges facing family lawyers ‘Mediation has been thrust into the spotlight as part of the government’s attempts to cut costs and reduce courtroom battles over children, property and money.’In Prest v Petrodel Resources Ltd [2013] Lord Sumption said ‘courts exercising …

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Variation: Final word

Kate Elliott analyses when an undertaking may be varied and the importance of finality in financial orders ‘While a formal jurisdiction to vary an undertaking does exist, when that variation is an attempt to substitute an entirely different outcome from that provided in the original order, the scope of the exercise of this jurisdiction must …

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Domestic Abuse: Facing the consequences

Peter Singfield and Jessica Pitt outline criminal legislation applicable to revenge porn and other remedies available to family lawyers ‘The Criminal Justice and Courts Act 2015 criminalises the malicious disclosure of photographs or films of a private and sexual nature (defined as something that is “not of a kind ordinarily seen in public”).’ Domestic abuse …

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Section 91(14) Orders: Closing the door

Jennifer Lee sets out the courts’ approach when considering a barring order under s91(14) of the Children Act 1989 ‘In all cases, the primary consideration of the court is the child’s welfare, and a balance needs to be reached between protecting their welfare and the individual’s unrestricted right of access to the court.’ Section 91(14) …

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Marital Agreements: Interim measures

Nicky Howarth and Hayley Trim look at whether an application for specific performance is appropriate on an interim agreement ‘Practitioners should be astute to the fact that agreements reached in advance of overall financial remedy claims being settled may well of themselves be contractually enforceable.’Family lawyers will be familiar with the principle that agreements reached …

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