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Sehra Tabasum reviews the approach to cases involving parental alienation and the circumstances in which a transfer of residence may be ordered Although it is recognised that a transfer of residence may cause short-term emotional harm to the child, the court may conclude that this is preferable to prevent further parental alienation. The most heart-wrenching …
Continue reading "Private children: Desperate measures"
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David Wilkinson considers a case concerned with the power of the court to vary, suspend, rescind or revive an order made by it Litigants should not be permitted to have ‘two bites at the cherry’ by applying again before the same court in relation to the same matter and there is an important public policy …
Continue reading "Rescission: Information overload"
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Harry White discusses the court’s approach in domestic abuse cases to the costs arising from a contact centre in facilitating contact between the perpetrator of the abuse and the child There must be a very strong presumption against a victim of domestic abuse paying for the costs of contact and if, wholly exceptionally, the court …
Continue reading "Costs: Out of the ordinary"
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Rebecca Viola and Arabella Ho You analyse the court’s approach where the wardship jurisdiction was found to be limited by the power of another public authority The courts may grant an injunction ex parte but there are limited circumstances in which it is appropriate to apply without notice, ie only where proper notice is impossible …
Continue reading "Jurisdiction: Keeping within the limits"
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Manisha Marwaha analyses a Supreme Court decision on the role of the appeal court and the need for options and mitigations to be properly assessed before public law orders are made Re H-W helpfully adds clarity to the role of the appellate court in circumstances where, understandably given the profound effects of the decision to …
Continue reading "Public children: The proportionality of intervention"
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Jessica Smith looks at a case in which the court’s approach to the projected performance of a company was key in determining the outcome The valuation of the husband’s interest in the company was the most contested issue and much turned on whether the valuation should be uplifted in anticipation of potential ‘super-receipts’ by the …
Continue reading "Business assets: What the future holds"
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Sarah Erwin-Jones and Louise Fisher ask whether the Court of Appeal judgment on failure to remove cases may result in more claims against local authorities The Court of Appeal concluded that this was a complicated and developing area of law and the courts need to analyse all the evidence at trial before reaching a definitive …
Continue reading "Local authority duties: Up in the air"
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David Wilkinson navigates the leading authorities on applications under s27 of the Matrimonial Causes Act 1973 The Court of Appeal’s judgment in Villiers is based upon the status quo ante as regards the jurisdictional position, and sets out in helpful detail the correct approach to the determination of s27, MCA 1973 applications, including what matters …
Continue reading "Financial provision: A rare thing"
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Hannah Viet examines whether common intention alone will satisfy a change in the parties’ property interests in joint name cohabitant disputes In Hudson v Hathway, there was no dispute as to whether there was an express agreement between the parties, so the sole issue to be determined on appeal was whether the judge at first …
Continue reading "TOLATA 1996: No harm done"
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Elizabeth Hassall and Andrew Scott consider best practice for marital agreements and the consequences of an agreement that fails to properly provide for both parties The pre-nuptial agreement failed the test in Radmacher, as no provision at all was made for the wife so that she would have ‘undoubtedly’ been in a ‘predicament of real …
Continue reading "Marital agreements: Do it well or not at all"
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