October 2013 #130 – Law Journals

Litigation Conduct: Drawing inferences

Frances Bailey considers the courts’ approach where a party’s conduct during proceedings is in issue ‘An analysis of any add-back argument must also include an analysis of what both parties have spent and that the argument must be analysed in context.’ As ever, the law reports are seemingly full of cases where one party’s approach …

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Fostering: Poor relation?

In the first of a two-part article Duncan Ranton discusses changes ahead for fostering and its inter-relationship with adoption ‘The government has not been coy about declaring its commitment to vulnerable children, which it seeks to evidence by speeding up adoption processes.’ All too often, fostering is treated as adoption’s poor relation. In the current …

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Cohabitants: Life after Prest

Paula Butterworth analyses the impact of the Supreme Court decision Prest in a cohabitant case ‘It was accepted by the Court of Appeal that this was not a case in which there was scope to pierce the corporate veil, so as to identify the second defendant company with the first defendant.’ The Court of Appeal …

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Financial Provision: Limited appeal

Vicki McLynn explains why the Court of Appeal’s decision in Tattershall is a reassuring reminder on needs ‘The decision in Tattershall is more a reassuring reminder that in many financial remedy cases the starting point and the finishing point is the needs of the parties.’ Reported decisions in financial remedy cases very often involve substantial …

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Same-Sex Marriage: Equal rights

Brian Dempsey compares legislation on marriage for same-sex couples in England with that in Scotland ‘Neither the English nor the Scottish provisions create a new status of ‘same-sex marriage’ and references to ‘same-sex marriage’ are therefore both incorrect and suspect.’The UK and Scottish governments have acted to allow same-sex couples to marry. This has been …

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Divorce: No going back?

Anna Heenan looks at the circumstances in which a decree nisi may be set aside and the interaction with jurisdiction issues ‘If it is argued that decree nisi should be set aside because the court made an error on the basis of the materials before it then the proper course of action is to appeal …

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Expert Evidence: Out of necessity

In the first of a two-part analysis, Margaret Heathcote sets out the changes to expert evidence introduced earlier this year and the impact seen to date ‘What is ‘necessary’ in care proceedings (the conclusion of which may mean the removal of a child from their birth parents) is likely to differ from what is necessary …

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