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Hannah Holdaway discusses her findings from a recent research project exploring the interactions taking place between family lawyers and their clients There is a huge amount of research which demonstrates that the decisions we make in dealing with every area of our lives, including legal issues, are influenced by the emotions we are experiencing. It’s …
Continue reading "Skills: Best behaviour"
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Jessica Keal considers transgender rights, the development of the Gender Recognition Act 2004 and subsequent calls for further reform The calls for transgender people to be able to self-identify without the need for a medical diagnosis have not translated into any meaningful reform, with the main changes being to move the application process online and …
Continue reading "Gender recognition: Slow progress"
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In the first of a two-part consideration, Seamus Burns asks whether egg, sperm and embryo freezing are encouraging costly and harmful fertility gambling Where a treatment option is not available equally to all individuals, this violates the medical ethics justice principle and is hence iniquitous. It arguably puts too much emphasis and focus on individual …
Continue reading "Embryology: Hidden fertility icebergs?"
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June Venters QC explores the evolution of adoption law and asks, based on both her personal and professional experiences, whether the law as to post-adoption contact should be reviewed Before any application for post-adoption contact is considered, there needs to have been a thorough investigation into the extent of any abuse perpetrated and the significant …
Continue reading "Adoption: Time for a change?"
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Ellie Foster considers a decision of Mostyn J on set aside and transparency in financial remedy proceedings In assessing unforeseeability in the context of a change of asset value, the court should focus on the economic impact of the event rather than its cause or nature. The onset of the Covid-19 pandemic in early 2020 …
Continue reading "Financial provision: Exploring the options"
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Sarah Erwin-Jones and Louise Fisher look at the responsibilities of local authorities to children who remain living at home with their family It is important to distinguish the duty of care which arises after a full care order, where the local authority becomes a statutory parent, from the entirely different position of a child receiving …
Continue reading "Local authorities: A careful balance"
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Thomas Middlehurst discusses the impact of a Court of Appeal decision concerned with a vulnerable party and the definition of liabilities when considering debts and costs The situation where a person has disqualified themselves from participating in the hearing by their conduct is wholly different from the duty to ensure effective participation by litigants who …
Continue reading "Inheritance Act: Real world considerations"
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Anna Shadbolt and Philippa Davies reflect on the limits of financial provision for adult children The decision in Siddiqui could be viewed as a simple restatement of the boundaries of the current law, without going any further, but it could also constitute a useful clarification of the existing law in the event of claims by …
Continue reading "Adult children: End of the road"
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Lottie Tyler analyses the requirements for a divorce to be recognised as an overseas divorce in transnational cases The specificity as to the institution of the proceedings taking place in the same country in which the divorce was obtained is the primary focus of the relevant case law and the reason why there are some …
Continue reading "Divorce: All in the past?"
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Zoë Fleetwood reviews revised guidance from the Court of Appeal as to when an order restricting further applications may be made, reflecting changes in societal norms The forensic landscape has changed out of all recognition, such as the advent of smart phones, social media and the almost universal use of email as a means of …
Continue reading "Private children: Broadening the scope"
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