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Karen Holden examines cases involving complex business assets and the approach of the courts to such assets The court will have ultimate discretion when dividing assets on divorce and attributing weight to the values of assets, guided by fundamental principles of sharing, needs and fairness. The courts have various powers when dealing with company assets, …
Continue reading "Business assets: A tangled web"
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David Wilkinson suggests that the issues identified in MGB v GT bring into sharp focus the challenges facing the family justice system in private children proceedings If the destination country on an application for leave to remove is a signatory to the 1980 Hague Convention, then the left-behind parent will always have a remedy of …
Continue reading "Private children: A salutary lesson?"
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Joanne Green highlights the circumstances in which an error in an order may be corrected to reflect the intention of the court Where there is any indication that a correction under the slip rule may be contentious, it is sensible to make the application on notice so that both parties can be heard in the …
Continue reading "Procedure: Many a slip"
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Alex Verdan QC and Frankie Shama ask whether the Court of Appeal decision in Haley makes family arbitration, including in children cases, a better option The result in Haley is likely to encourage more couples to refer their disputes to arbitration, and potentially lead to more challenges of arbitral awards by dissatisfied parties. While the …
Continue reading "Arbitration: A wider appeal"
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Rachel Freeman examines the impact of conduct within financial remedy proceedings and how revised costs provisions have added to the pressure to negotiate reasonably That a spouse’s bad behaviour will be disregarded in the financial settlement is already a bitter pill for some clients to swallow, yet now they are under more pressure to come …
Continue reading "Conduct: Changing the blame game?"
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Hannah Viet considers an unusual case involving a claim by an adult child against his parents and the extensive arguments submitted in support of that claim There is no jurisdiction for a child to bring a claim for financial relief against a party to a subsisting marriage. In FS v RS [2020], Sir James Munby …
Continue reading "Adult children: No way through"
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Anna-Laura Lock and Selena Arbe-Barnes look at the cab rank rule and when the court may be permitted to prevent counsel from accepting instructions It is not necessary to demonstrate that actual unfairness will result from counsel’s participation in proceedings; in view of the maxim that justice must not only be done, but be seen …
Continue reading "Recusal: All above board"
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Holly Crook analyses the impact of Brexit and Covid-19 on child abduction cases, both now and in the future On a closer look and examination of Brussels IIA, it becomes clear that there are subtle but significant losses of protection for parents against international child abduction. Ever-changing restrictions and guidelines resulting from the Covid-19 pandemic …
Continue reading "International children: A perfect storm?"
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Natasha Kirk and James Sandiford ask when care proceedings should be withdrawn and highlight that the answer may not be obvious and caution must be taken The guardian’s grounds of appeal centred on criticism of the judge’s decision to determine the issue of threshold summarily, without hearing and testing the evidence of lay parties and …
Continue reading "Public children: Not a foregone conclusion"
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Matt Foster says that the enforcement of child arrangements orders requires a pragmatic approach outside the legislative framework Many hurdles need to be cleared before the court is able to make an enforcement order and it is likely to take a significant amount of time (and money) to get to that stage. Unfortunately, most practitioners …
Continue reading "Private children: Theory versus reality"
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