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Rebecca Stone reviews the case law relating to family businesses and the differing approaches taken by the courts to such assets ‘In F v F (clean break: balance of fairness) [2003] the judge accepted that where some of the assets are illiquid it may not be possible to achieve either the aim of equality or …
Continue reading "Family Businesses: The golden goose"
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Richard Adams considers applications for legal services orders and the guidance available from the courts ‘When applying for a legal services order it is fundamental that such applications are only made to obtain costs to allow the applicant to obtain legal services in respect of ongoing and future proceedings.’ The decision of Mostyn J in …
Continue reading "Legal Services Orders: Setting boundaries"
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In the first of a two-part analysis, Claire Glaister and Frances Bailey look at the prospects of success when seeking to set aside an order on the basis of non-disclosure ‘The Court of Appeal stressed that there was no support in any of the authorities for the use of Ladd alone to form a jurisdiction …
Continue reading "Setting Aside: Half-truths"
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Deborah Smithies and Olivia Checa-Dover discuss the Mental Capacity Act 2005 and concerns as to how it is working in practice ‘If people are presumed to have capacity unless the contrary is demonstrated, when should carers (or other potential decision-makers) be embarking upon an assessment exercise?’ As the Mental Capacity Act 2005 (MCA 2005) approaches …
Continue reading "Mental Capacity: Ten years the wiser?"
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Camilla Fusco and Lehna Hewitt set out the remedies available to step-parents in relation to children ‘A step-parent does not automatically obtain parental responsibility for a stepchild just by marrying or entering into a civil partnership with the child’s parent.’In a recent address to the Medico-Legal Northern Ireland Society, Lord Wilson of Culworth drew attention …
Continue reading "Step-Parents: Blended rights?"
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Vanessa Mitchell examines the options available under the Insolvency Act 1986 ‘The circumstances of a case will influence the extent to which the Insolvency Act 1986 can be a useful tool – the setting aside of a transaction may be more beneficial if eg there would be adverse tax consequences if monies were paid out.’ …
Continue reading "Insolvency: Alternative route"
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Rebecca Harling reports on the often vexing issue of the ownership of pets on relationship breakdown and the courts’ approach ‘The law in England and Wales regards pets as chattels in the context of a financial settlement, to be divided up in the same manner as the dining room table or television.’ A recent survey …
Continue reading "Pet Disputes: For richer, for paw(er)"
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Camilla Thornton outlines the courts’ approach to income such as bonuses and how this may be reflected in an order for periodical payments ‘The inherent uncertainty of bonus payments provides, in part, the reason why the setting of a cap is essential in order to avoid the unintentional unfairness which may arise as a consequence …
Continue reading "Financial Provision: Future proofing"
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Suzanne Kingston, Adele Pledger and Paulina Sandler examine whether the long-awaited Law Commission recommendations on marital agreements will result in change, or business as usual ‘Lawyers will be responsible for advising clients of the rights they may be giving up in signing a QNA and will be required to sign a statement to that effect.’ …
Continue reading "International Focus: Plus ça change"
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In the second of a two-part consideration of the role of the mediator and MIAMs, Andrew Baines highlights the advantages and disadvantages of mediation and the court process ‘By going to mediation, parents keep control over what is their process and their decisions taken in relation to the care of their child.’ Part one: ‘Outlining …
Continue reading "ADR: Fair to compare"
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