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Alice Rogers examines applications for maintenance pending suit and useful practice points arising from a decision of the Court of Appeal As practitioners, we are duty bound to ensure that maintenance pending suit applications are only brought if proportionate and necessary, while advising parties of the litigation risk, particularly in light of the court’s wide …
Continue reading "Maintenance pending suit: In the here and now"
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Alexandra Hirst considers the vaccination of children where the parents are not in agreement and the approach taken by the courts Vaccinations are not compulsory but scientific evidence now establishes that it is generally in the best interests of otherwise healthy children to be vaccinated and the current established medical view is that the routine …
Continue reading "Specific issue orders: A matter of evidence"
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Kate Newton highlights key recommendations in the report of the Family Solutions Group to encourage non-court dispute resolution in private children cases The Family Solutions Group report refers to a ‘series of scattergun initiatives’ and points to a fundamental flaw in the idea that children’s rights and welfare can be protected while they are not …
Continue reading "Private children: Facing the issues"
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Mark Pawlowski looks at how a beneficial joint tenancy can be severed after the parties purchase their family home in joint names Where the parties’ common intention manifests a clear desire to deviate from equality of shares, there is no reason, at least in principle, why severance should not operate so as to separate the …
Continue reading "Property: Changing intentions"
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Lizzie Smith and Laura Bond summarise the key elements of relief under Part III of the Matrimonial and Family Proceedings Act 1984 and the potential implications of the UK leaving the EU on such claims That a foreign court may have already made a financial order is not an automatic bar to a claim under …
Continue reading "Overseas divorce: Tread carefully"
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Nicola Meldrum and Nasbin Begum look at recitals in financial orders and whether they are contractual agreements or enforceable in the same way as orders In BSA v NVT, Williams J considered the relevant law, finding that recitals could be enforced as if they were part of the order itself where the court otherwise had …
Continue reading "Financial orders: A clear purpose?"
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Graeme Fraser and Eleri Jones explore the recognition and enforcement of maintenance following the UK’s withdrawal from the EU It is vital to consider these issues at the outset due to the ‘indirect’ jurisdiction rules which apply if enforcement abroad in a 2007 Hague Convention country is likely to be required. Since the UK referendum …
Continue reading "Brexit: Cross-border conundrums"
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Matt Vincent considers the circumstances in which a financial order may be set aside and the available scope in cases involving a significant change in asset values In CB v EB Mostyn J found that where there is an inconsistency between statute and a practice direction, it is the practice direction that must be declared …
Continue reading "Set aside: Original thinking"
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Lehna Gardiner and Helen Lafferty analyse when a judge may need to be recused and the test to be applied If there is a possibility that a judge has been, or may be, influenced for or against a party, for any reasons outside of the legal or factual merits of the case, then the judge …
Continue reading "Recusal: By all appearances"
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Andrew Scott explains the provisions of the Family Procedure Rules 2010, PD 41C in relation to appeals in the High Court in the context of the move to online working Steps under the new case management system for appeals in the High Court (Family Division) can be taken 24 hours a day, every day, including …
Continue reading "Appeals: Change and adapt"
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