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Financial provision: Future state

Aaron Williams provides a helpful guide to unpicking the complexities of cryptocurrency All cryptoassets are considered property under the law of England and Wales, are capable of being controlled, can be ascribed a value and are reportable under HMRC tax regulations. Once the preserve of cyberpunks, the tech savvy in Silicon Valley and financially astute…

Cross-examination: As good as it gets?

David Wilkinson explores the prohibition of cross-examination in person in family proceedings provisions and asks if they are fit for purpose It is foreseeable that a qualified legal representative may need to make certain applications in family proceedings in order to discharge fully their professional obligations regarding effective cross-examination. The practicalities of this do not…

Parental responsibility: Spot the difference

Jodi Ford and Rachel Cocker question the rationale behind the different legislative approaches to parental responsibility for unmarried fathers While the granting of parental responsibility can be an emotive topic, it is, more often than not, a positive reflection of a parent’s involvement in the child’s life and merely endorses in law an existing relationship…

International children: Forward planning

Nicole Macdonald analyses the approach of the courts in non-Hague Convention cases post-Brexit An oral application that is not recorded in the order, either by way of a recital recording the application, or by way of direction excusing the need for a formal application, is not sufficiently clear when s7(c)(i), FLA 1986 requires absolute clarity.…

Private children: Weighing up the options

Allie Pitchford contrasts and compares s91(14) and civil restraint orders in the era of ‘lawfare’ Civil restraint orders have the potential to be far more expansive in their impact than s91(14) orders, although the hurdle they present in bringing further applications to the court is merely an additional permission stage, rather than a complete bar…

Weddings: For better, for worse?

Nick Gova considers the Law Commission proposals to reform the law relating to the requirements for wedding ceremonies England and Wales have undergone enormous social changes in the last two centuries, but these changes are not reflected in our marriage laws. Our society is far more culturally and religiously diverse and the ways in which…

Planning: Pretty appealing

Nicola Gooch considers some recent High Court, Court of Appeal and Planning Appeal decisionsThe Court of Appeal has confirmed something that I have been advising clients for a very long time. When it comes to CIL, retrospective consents are extortionately expensive. Although planning may not be generally considered to be the ‘sexiest’ profession, it can certainly…

Biodiversity net gain: Still too many uncertainties?

BNG has been legislated in the Environment Act 2021, but Duncan Williams, Naomi Bull, and Kate Radford ask whether current timescales are realisticIn simple terms, BNG refers to the process of ensuring that when development takes place, wildlife habitats are left in a measurably better and improved state than they were in before development was…

In practice: Out of the ordinary

Katie McCann highlights some of the issues that can arise in high-net-worth financial cases Before deciding on the most appropriate forum for a high-net-worth client, it is best practice to obtain advice from a specialist lawyer in the other potential jurisdictions so as to determine where the client would do ‘best’ in any financial proceedings.…

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Morton v Morton & anr WTLR(w) 2022-05