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Ruth Kearns considers the creation of corporate structures in other jurisdictions to frustrate the enforcement of a financial remedy final order ‘Historical terms such as ‘‘façade’’ and ‘‘sham’’ in fact refer respectively to two separate and distinct principles: the ‘‘concealment principle’’ and the ‘‘evasion principle”.’ It is essential that the parties have confidence that remedies …
Continue reading "Enforcement: Out of reach"
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Emma Doughty explores the practical challenge of protecting clients from pension pitfalls and best practice including the use of checklists ‘Once a pension report is finally received, it can be easy to rush putting forward an offer regarding pensions without taking the time to check that the client fully understands pension basics.’ The sheer complexity, …
Continue reading "Financial provision: Perplexed by pensions?"
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Suzanne Todd and Sarfraz Ali study the recent approach of the English and Italian judiciary to societal changes ‘While the tide may be turning, recent decisions in England and in Italy have not, as some may have hoped, sounded the death knell for joint lives maintenance orders.’ Scan any family law report, article or other …
Continue reading "Periodical payments: Unclear path"
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Abigail Lowther considers the circumstances in which a domicile of choice may be established, and the impact on jurisdictional issues ‘Residence in a jurisdiction without the intention of permanent or indefinite residence, or the intention of permanent or indefinite residence without residence in a jurisdiction, will not establish a domicile of choice.’ In Kelly v …
Continue reading "Jurisdiction: No place like home"
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Catherine Doherty asks whether case law has effectively restricted stellar performance arguments to financial contributions only ‘In XW v XH Baker J acknowledged the need to exercise caution with respect to the domestic contribution of the wife, as homemaker, to the welfare of the family.’ Since Cowan v Cowan [2001] was decided by the Court …
Continue reading "Special contribution: A rare bird"
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Kelly Merris and Charlie Fikry provide an analysis of a case involving legal professional privilege where fraud was alleged and assess the wider implications ‘Legal professional privilege is considered a fundamental condition on which the administration of justice rests.’ In Bruzas v Saxton [2018] Holman J gave a preliminary judgment following a highly unusual sequence …
Continue reading "Legal professional privilege: Behind closed doors"
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Tania Derrett-Smith looks at the impact of delay on financial remedy applications ‘The Supreme Court decision in Wyatt highlights that delay in bringing an application for a financial remedy will be a major factor for the court’s consideration, and is quite likely to have an impact on the final outcome.’ Surprisingly, there are relatively few …
Continue reading "Financial provision: Proceed with haste"
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Anest Mathias summarises the Supreme Court’s approach to the voluntary accommodation of children and the withdrawal of parental consent ‘The trial judge found the parents had not been informed of their right to object to their children’s continued accommodation, nor of their right to remove the children at any time.’ The Supreme Court judgment in …
Continue reading "Local authority duties: The need for clarity"
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Joanne Green examines the enforcement of maintenance orders within the EU and the potential impact of Brexit ‘A decision made in a member state that is not bound by the 2007 Hague Protocol (currently only the UK or Denmark) will still be recognised in another member state without any special procedure being required, however it …
Continue reading "Enforcement: Home and away"
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Kayleigh Biswas asks whether orders restricting further applications in children proceedings are an underused mechanism, or a heavy-handed approach to conclude litigation ‘A barring order is an intrusion into the right of a party to bring proceedings and to be heard in connection with matters concerning their child.’ In circumstances where there is a history …
Continue reading "Private children: Maintaining a balance"
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