September 2015 #149 – Law Journals

Legal Professional Privilege: Behind closed doors

Clare Williams and Sam Hall examine the limits of confidentiality between client and legal advisor and the implications in G v G ‘The mere act of talking to a lawyer does not cloak that communication with the protection of privilege; there needs to be a professional relationship of some kind.’ One of the fundamental principles …

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Barder Appeals: Finding closure

Beth Mason and Georgia Day look at the Court of Appeal decision in Critchell and what may constitute a Barder event ‘There have been many attempts to set aside orders based on a Barder event, but the courts have been reluctant to let such applications succeed and the threshold for success is high.’ Family lawyers …

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Financial Provision: Needs and misdeeds

Vanessa McMurtrie analyses a recent decision on improperly obtained documents and assesses the dominance of needs in middle-income cases ‘In some circumstances you may be placed in immediate professional difficulty in relation to illicitly obtained materials, as your duty to your client will be in conflict with your duty as an officer of the court.’ …

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Third Parties: Crossing the line

Lehna Hewitt reviews the courts’ approach to cases where an order may be made on the basis of assets owned by a third party ‘There will be occasions when it becomes permissible for a judge deliberately to frame his orders in a form which affords judicious encouragement to third parties.’ The recent Court of Appeal …

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Practice: Wrong direction

Alison Green and Adam Patterson consider a Privy Council decision that provides a salutary lesson on preparation for, and the conduct of, litigation ‘The decision in Bromfield provides another list of factors as to what will be insufficient for a party to establish a direct interest in property owned by a company.’The decision in Bromfield …

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Recognition Of Overseas Divorce: Deceptive means

Rita Veitch outlines the courts’ approach to recognition of an overseas divorce and the circumstances in which recognition may be refused ‘The court has a discretion to refuse to recognise an overseas divorce and it is on this basis that the wife made her claim.’ With increasing international mobility family lawyers are more and more …

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Law Reform: Ending blame

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Rachel Rogers sets out the key aspects of Resolution’s manifesto for law reform, including no-fault divorce ‘Resolution’s parenting charter is intended to support the current and successive governments’ policy aims to support cooperative working during and after divorce, in the best interests of children.’The general election in May 2015 brought a new parliament, a new …

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