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In the first of a two-part analysis Suzanne Kingston, Stacy Choong, Philippa Hewitt and Natalie O’Shea set out a comparison of family law in England and Wales, Hong Kong and Singapore ‘As family law in England and Wales has evolved to fit the times, so the laws in Hong Kong and Singapore have changed in …
Continue reading "International Focus: Same difference?"
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Deborah Levy examines the decision in J v J and looks at solutions to excessive costs in family cases ‘In theory, it is not unreasonable to believe that fixed pricing for each stage of the proceedings could well provide a solution, but one may be faced with a client who has unrealistic expectations.’In October 1999 …
Continue reading "In Practice: Held to account"
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In the conclusion to a two-part analysis Julian Bremner suggests a cautious approach to new client enquiries with a focus on risk management ‘The risk of exposure to negligence highlighted by Padden is analogous to the risks posed by providing limited services on a limited retainer, often referred to as “unbundling”.’The first part of this …
Continue reading "Negligence: Tread carefully"
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Michael Gouriet and Natalie O’Shea consider the validity of the compensation argument in financial remedy proceedings ‘Do family lawyers need to quantify a client’s potential claims on an “either/or” basis (loss-related and needs-related) so as to be prepared to run the case either way?’ The Court of Appeal judgment in H v H [2014] confirms …
Continue reading "Financial Provision: Fair shares?"
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Helen Cort outlines the steps that may be taken to enforce child arrangements orders and provides practical tips on the drafting of such orders ‘The first task for the judge hearing an application for committal for alleged breaches of a mandatory (positive) order is to identify, by reference to the express language of the order, …
Continue reading "Private Children: Best-laid plans"
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Ellie Foster examines the impact of changed circumstances on applications for variation of periodical payments ‘It is critical to advise the payer of their ongoing vulnerability for capitalisation; it is an obvious way for the court to achieve the holy grail of a clean break.’ There is life after divorce and any ongoing financial relationship …
Continue reading "Periodical Payments: Seeking closure"
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Chris Bryden and Matthew Shaw look at the issues surrounding increased transparency in the family courts and what further changes may lie ahead ‘The consultation proposals go far further than anything previously seen in the family courts, and raise real issues as to how welfare can properly be balanced against the clear public interest of …
Continue reading "Transparency: Open doors?"
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In the conclusion to a two-part analysis Jane Booth sets out methods of enforcing a lump sum order ‘Clients need to be aware, from the outset, that simply having the benefit of a court order for a lump sum is unlikely to be the end of matters if it is suspected that enforcement could be …
Continue reading "Lump Sum Orders: Be prepared"
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Frances Bailey outlines options and steps that may be taken by the courts to encourage parties to attend non-court dispute resolution ‘The court’s powers are limited in that it cannot force either party to engage in dispute resolution; it can simply adjourn the proceedings to enable them to obtain information.’ Resolution’s third annual Family Dispute …
Continue reading "Non-Court Dispute Resolution: Alternative routes"
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Ruth Abrams considers the interrelationship between nuptial settlements and trusts, the procedure for permission to appeal and the significance of new relationships ‘The trustees’ specific powers to advance all of the property to the husband during his lifetime was a decisive factor that led the court to conclude that the settlement as a whole, and …
Continue reading "Financial Provision: Issues of trust"
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