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Edward Floyd looks at the court’s jurisdiction where permission to appeal has already been refused and the meaning of a real prospect of success ‘It is important to recognise the distinction between the test for granting permission to appeal and the more rigorous test for granting or refusing a substantive appeal.’ In McHugh v McHugh …
Continue reading "Appeals: Last chance"
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Victoria Sterritt takes a critical look at the pros and cons of government funding for DNA testing ‘The availability of DNA testing should allow the court to timetable hearings with more certainty and therefore streamline the court process as a whole.’In February 2015 Justice Minister Simon Hughes made an announcement regarding orders for and the …
Continue reading "DNA Evidence: Providing certainty"
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Daniel Sanders weighs up the factors to be taken into account on an application for change of a child’s name ‘Significant justification for a change of surname is required and must be consistent with some positive feature or features towards promoting the child’s welfare, rather than causing some detriment or no benefit at all.’ There …
Continue reading "Change Of Name: A balancing act"
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Paula Butterworth considers the issues arising in Mann as to agreements to mediation and when an order may be varied ‘The Court of Appeal found that no interim relief could be provided in the absence of an order capable of variation and that in this case there were no orders so capable.’Mann v Mann [2014] …
Continue reading "Financial Provision: Step too far"
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Simon Thomas wonders whether the only certainty that arises from a nuptial agreement is uncertainty ‘There is a desire to end some of the uncertainty that surrounds the responsibilities people have to each other after their formal relationship has ended, and to enhance the extent to which they can make their own agreements.’ The enforceability …
Continue reading "Marital Agreements: On solid ground?"
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Ed Heaton examines recent developments regarding applications to vary periodical payments and the potential impact of pension reform ‘Any ongoing payments should only be made for such period as the court considers sufficient for the recipient to “adjust without undue hardship to the termination of those payments”.’ The continuing, steady trickle of reported cases relating …
Continue reading "Variation: Finality and fairness"
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James Brown summarises and comments on the key points in the final report of the Financial Remedies Working Group ‘The Financial Remedies Working Group has recognised that a successful aspect of the pilot scheme at the Central Family Court has been to dispense with a first appointment when both parties agree directions.’The final report of …
Continue reading "Law Reform: Something for everyone?"
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Claire Reid looks at what is required for the court to conclude that a party has made a stellar contribution ‘The difficulty in comparing different contributions risks discrimination against homemakers. This unfortunate application of the law generates a distasteful distinction in the 21st century.’ In Cooper-Hohn v Hohn [2014] one of the principal issues considered …
Continue reading "Financial Provision: Extra special"
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Mena Ruparel outlines recent developments in Prest and the requirements to be satisfied on a judgment summons application ‘An application for a judgment summons is quite a rare beast and an unusual enforcement method: the burden of proof is the criminal standard, ie beyond a reasonable double, and not the civil standard.’ The Supreme Court …
Continue reading "Enforcement: Another chapter"
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Giles Peaker highlights housing issues arising in a public children case and suggests the potential remedies from a housing law perspective ‘It is doubtful that the court could actually make an order that the Royal Borough of Greenwich provide accommodation that would have any effect on the housing department.’The public children case of P (A …
Continue reading "Housing: Call of duty"
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