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Andrew Baines examines how coaching can assist clients dealing with relationship breakdown ‘Coaching can put the client in the best possible frame of mind to access their optimal resources when negotiations take place.’It was on the Monday when the client sat in front of me with a look of ‘Why on earth do you think …
Continue reading "Skills: Well prepared"
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Deborah Levy analyses the approach to a marital agreement where needs and conduct were in issue ‘If a prenuptial agreement deals with these matters in a way that a court might adopt then there should be no difficulty with giving effect to the agreement.’ The latest figures from the Office for National Statistics showed that …
Continue reading "Marital Agreements: A state of uncertainty"
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Richard Adams highlights the need for the law to accommodate less traditional family arrangements in children cases ‘From time to time there has to be a recognition that there are people in the life of a child, who do not have a biological relationship, who can nonetheless be very important indeed to the child.’The past …
Continue reading "Private Children: A modern family"
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Hazel Wright and Phoebe Sutton suggest that despite the provisions of section 25 the standard of living of the parties is becoming less relevant ‘It is hard to see future courts awarding periodical payments based on the standard of living in the great majority of marriages.’ When family lawyers of a certain generation die, they …
Continue reading "Standard Of Living: Lifestyle factors"
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Suzanne Todd and Laura Kearns consider the implications of the European Court of Human Rights’ decision in Oliari v Italy ‘In circumstances where an important facet of an individual’s existence or identity is at stake, the European Court of Human Rights (ECtHR) can restrict the margin of appreciation granted to the member state.’The decision of …
Continue reading "Human Rights: A changing tide"
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Zoë Fleetwood reviews the Council of Europe perspective on forced adoption ‘For the care practitioner this report contains much food for thought about our legal process as viewed from an international perspective. This is timely.’ Earlier this year the Council of Europe produced a report titled: ‘Social services in Europe: legislation and practice of the …
Continue reading "Adoption: Cause for concern"
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Clare Williams and Sam Hall examine the limits of confidentiality between client and legal advisor and the implications in G v G ‘The mere act of talking to a lawyer does not cloak that communication with the protection of privilege; there needs to be a professional relationship of some kind.’ One of the fundamental principles …
Continue reading "Legal Professional Privilege: Behind closed doors"
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Beth Mason and Georgia Day look at the Court of Appeal decision in Critchell and what may constitute a Barder event ‘There have been many attempts to set aside orders based on a Barder event, but the courts have been reluctant to let such applications succeed and the threshold for success is high.’ Family lawyers …
Continue reading "Barder Appeals: Finding closure"
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Vanessa McMurtrie analyses a recent decision on improperly obtained documents and assesses the dominance of needs in middle-income cases ‘In some circumstances you may be placed in immediate professional difficulty in relation to illicitly obtained materials, as your duty to your client will be in conflict with your duty as an officer of the court.’ …
Continue reading "Financial Provision: Needs and misdeeds"
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Lehna Hewitt reviews the courts’ approach to cases where an order may be made on the basis of assets owned by a third party ‘There will be occasions when it becomes permissible for a judge deliberately to frame his orders in a form which affords judicious encouragement to third parties.’ The recent Court of Appeal …
Continue reading "Third Parties: Crossing the line"
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