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Stuart Barlow highlights considerations in cases involving the prohibition of cross-examination by litigants in person While the appointment of a qualified legal representative will reduce some of the trauma of direct questioning by the perpetrator, the perpetrator could still frame the questions and it may be difficult for a lawyer in that role to determine …
Continue reading "Evidence: More than meets the eye"
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Aaron Williams provides a helpful guide to unpicking the complexities of cryptocurrency All cryptoassets are considered property under the law of England and Wales, are capable of being controlled, can be ascribed a value and are reportable under HMRC tax regulations. Once the preserve of cyberpunks, the tech savvy in Silicon Valley and financially astute …
Continue reading "Financial provision: Future state"
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David Wilkinson explores the prohibition of cross-examination in person in family proceedings provisions and asks if they are fit for purpose It is foreseeable that a qualified legal representative may need to make certain applications in family proceedings in order to discharge fully their professional obligations regarding effective cross-examination. The practicalities of this do not …
Continue reading "Cross-examination: As good as it gets?"
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Jodi Ford and Rachel Cocker question the rationale behind the different legislative approaches to parental responsibility for unmarried fathers While the granting of parental responsibility can be an emotive topic, it is, more often than not, a positive reflection of a parent’s involvement in the child’s life and merely endorses in law an existing relationship …
Continue reading "Parental responsibility: Spot the difference"
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Nicole Macdonald analyses the approach of the courts in non-Hague Convention cases post-Brexit An oral application that is not recorded in the order, either by way of a recital recording the application, or by way of direction excusing the need for a formal application, is not sufficiently clear when s7(c)(i), FLA 1986 requires absolute clarity. …
Continue reading "International children: Forward planning"
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Allie Pitchford contrasts and compares s91(14) and civil restraint orders in the era of ‘lawfare’ Civil restraint orders have the potential to be far more expansive in their impact than s91(14) orders, although the hurdle they present in bringing further applications to the court is merely an additional permission stage, rather than a complete bar …
Continue reading "Private children: Weighing up the options"
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Nick Gova considers the Law Commission proposals to reform the law relating to the requirements for wedding ceremonies England and Wales have undergone enormous social changes in the last two centuries, but these changes are not reflected in our marriage laws. Our society is far more culturally and religiously diverse and the ways in which …
Continue reading "Weddings: For better, for worse?"
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Katie McCann highlights some of the issues that can arise in high-net-worth financial cases Before deciding on the most appropriate forum for a high-net-worth client, it is best practice to obtain advice from a specialist lawyer in the other potential jurisdictions so as to determine where the client would do ‘best’ in any financial proceedings. …
Continue reading "In practice: Out of the ordinary"
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Dr Dianne Millen provides practical tips from Scotland on negotiating the no-fault landscape While there are good reasons why fault grounds have been critiqued by practitioners and policymakers across the UK, it is also important to recognise that the desire to maintain cordial relations may sometimes need to be subordinated to the need to litigate …
Continue reading "Scotland: View from the north"
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Anna-Laura Lock and Anisha Patel analyse the courts’ approach to third-party financial support and when the pressure of entering into an agreement may be considered ‘undue’ Peel J noted in WC v HC that the function of the court is to distribute the parties’ resources, rather than the resources of their wider families. In WC …
Continue reading "Nuptial agreements: Keeping it in the family"
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