This category can only be viewed by members.
Suzy Ashworth explains why it’s time for family lawyers to develop their social media business strategy ‘Social media are channels of communications using the internet that contain user-generated content for public consumption, enabling people to engage in a discussion or to be part of a community.’Devising business development strategies for promoting family law services is …
Continue reading "Practice: Hop on board"
This post is only available to members.
James Brown looks at the Court of Appeal’s approach to committal for consecutive terms of imprisonment for contempt of court ‘It is very much a sanction of last resort with the hope that by the threat of a prison sentence the party will be coerced into compliance.’ Family practitioners will be familiar with the question …
Continue reading "Committal: Double jeopardy"
This post is only available to members.
Kate Clark reviews the Court of Appeal decision in Re K and adding conditions to contact orders ‘In Re K, the amount of time to be devoted to contact was not really in issue between the parties but, as is so common, the barrier to reaching an agreement was in the details.’ It is often …
Continue reading "Children: Accommodating contact"
This post is only available to members.
Caroline Watson and Matthew Feldman discuss the impact of Jones v Kernott in cases where there is an express declaration of beneficial interests ‘The question now being asked by practitioners up and down the country is whether the judiciary will again be prepared to step in to clarify the law in cases where there is …
Continue reading "Trusts: Clear intentions"
This post is only available to members.
Ellie Foster summarises the Supreme Court decision in Jones v Kernott and considers its impact ‘There is a real practical difficulty when it comes to analysing the respective contributions made to a property over a long period of cohabitation.’ The Supreme Court has been tasked with an unusually high amount of family work in recent …
Continue reading "Cohabitants: Clear intentions"
This post is only available to members.
James Carroll and Hannah Minty set out best practice when drafting cohabitation agreements ‘In the absence of fraud, mistake or duress, an express declaration of trust is conclusive evidence of beneficial ownership unless such interests are subsequently varied.’Family practitioners throughout the country breathed a collective sigh of relief on behalf of Patricia Jones when the …
Continue reading "Cohabitation Agreements: Be prepared"
This post is only available to members.
Luke Barnes highlights the cohabitant cases that fall outside of the judgment in Jones v Kernott and the applicable case law ‘The claimant in sole name cases continues to face a stern test to establish a beneficial interest by virtue of an inferred common intention. In particular, it continues to be unclear what conduct may …
Continue reading "Trusts: Different rules"
This post is only available to members.
Wayne Lynn and Margaret Simpson analyse the impact of FG v MBW and whether a non-resident parent’s capital is now at risk for funding periodical payments in Schedule 1 cases ‘In the current climate there will inevitably be increasing numbers of non-resident parents (usually fathers) who are finding it increasingly difficult, if not impossible, to …
Continue reading "Schedule 1: Affording the unaffordable"
This post is only available to members.
David Allison sets out the case against the government’s plans to reform legal aid ‘A radical idea, and one that ministers seem to have overlooked in their haste to deliver immediate savings, is the possible postponement of major changes to the family legal aid system until the government has responded to and implemented the recommendations …
Continue reading "Legal Aid: Restricted access"
This post is only available to members.
In the conclusion to a two-part analysis Huw Miles looks at the courts’ approach to compensation ‘The court must take care not to create a set of rigid stepping stones or apply a formulaic approach that is not set out in the statute.’ Part one: ‘Love, honour and compensate’ In this article we will consider …
Continue reading "Financial Provision: Fair shares"
This post is only available to members.
