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In the first of a two-part analysis Julian Bremner highlights the potential pitfalls of offering free-of-charge interviews and failing to fully explore a client’s options ‘The appeal court disposed very swiftly of the argument that as this short meeting had not been charged for this somehow decreased the firm’s obligations. The court found that a …
Continue reading "Negligence: A cautionary tale"
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Rachel Donald discusses the consequences of deception in divorce proceedings and the vulnerabilities of the current procedure ‘Munby P highlighted in Rapisarda that in each of the 180 cases the English court was being deceived: fundamentally in respect of the court’s jurisdiction to entertain the petition.’ In Rapisarda v Colladon [2014] Sir James Munby, president …
Continue reading "Divorce: Fighting fraud"
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James Brown suggests that Schedule 1 to the Children Act 1989 is underused and looks at the courts’ approach ‘Schedule 1 can be applied to small/medium-asset cases even if the result is that the absent parent will have to sell their property in order to house the applicant and the child.’ Family law practitioners are …
Continue reading "Schedule 1: Missed opportunities"
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Anna Heenan looks at changes to the Inheritance (Provision for Family and Dependants) Act 1975 and the potential use of nuptial agreements ‘Nuptial agreements cannot exclude the jurisdiction of the court in Inheritance (Provision for Family and Dependants) Act 1975 claims but they do have the potential to play a role in pre-empting and defending …
Continue reading "Inheritance Act: Planning ahead"
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In the conclusion to a two-part analysis, Debbie Stringer discusses the more paternalistic approach that may be taken by the courts when considering a child’s capacity ‘Doctors and hospitals do not have, nor can they obtain, parental responsibility – it is for the court to determine whether or not treatment, and what sort of treatment, …
Continue reading "Capacity: Open justice?"
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Andrew Baines considers the principles that underpin the choice between litigation and non-court dispute resolution methods ‘When looking at the court process today, we can see that the principle on which it is based remains the same – all the work up to judgment is based on the judge deciding who wins and who loses.’Court …
Continue reading "Dispute Resolution: Primal needs"
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Richard Adams examines the factors that may justify an unequal division of assets ‘A special contribution should only be taken into account if there was such a disparity in the parties’ respective contributions to the welfare of the family that it would be inequitable to disregard.’ Practitioners will be familiar with the strong feelings that …
Continue reading "Financial Provision: Sharing the wealth"
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In the first of a two-part back-to-basics guide Jane Booth explores the types of lump sum order that may be made, together with drafting tips and practice points ‘The distinction between multiple lump sum payments and a single sum payable by instalments is relevant if the need for variation arises.’ On divorce, dissolution, nullity or …
Continue reading "Lump Sum Orders: Dual purpose"
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Rachel Wilmott highlights the courts’ approach when dealing with financial conduct and litigation conduct ‘There is no formulaic or accurate weighing mechanism for determining how the respective misconduct of the parties should be reflected in any order for costs.’ The decision in US v SR [2014] addresses at length the law on notional reattribution and …
Continue reading "Conduct: The blame game"
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Graeme Fraser and Stephen Morrall consider the benefits of combining corporate and family law strategic advice when dealing with business assets on divorce ‘It is clear that, where a family has shared interests in a family company, the members should strive to find a common agreement to regulate those interests in as practical and tax-efficient …
Continue reading "Business Assets: Future proofing"
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