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Anna-Laura Lock and Anisha Patel analyse the courts’ approach to third-party financial support and when the pressure of entering into an agreement may be considered ‘undue’ Peel J noted in WC v HC that the function of the court is to distribute the parties’ resources, rather than the resources of their wider families. In WC…

In practice: A whole new world?

Paul Linsell looks at how family law has developed and asks whether the introduction of no-fault divorce might prove to be a tipping point for further change When we look back in 30 to 50 years from now, we will look upon DDSA 2020 and the changes it has brought and not just find it…

Financial remedies: A battle royale

Sophia Leeder outlines the approach to interim orders in a case where a party has delayed in making their application and spent excessively in the meantime, as well as key practice points Where jurisdiction is in dispute, this does not prevent the court from making an interim order, but in MG v GM Peel J…

Surrogacy: Never too old

Jade Quirke examines the approach of the court to an application for a parental order where a child who was now an adult had been born via surrogacy HFEA 2008 could be ‘read down’ to ensure the rights of the applicants and the child under Art 8, ECHR – in relation to the family life…

Declarations of parentage: Finding closure

Mollie van Geest and Heidi Molloy set out the considerations and conclusions reached on applications by adult adoptees as to the status of their birth fathers At first glance, there appears to be a conflict as to whether it is possible to obtain a declaration of parentage in respect of someone who is, in law,…

Maintenance: A fair adjustment?

Deborah Jeff concludes a two-part analysis of the impact of SS v NS on the approach to spousal maintenance The preference is for a term order, with a transition to financial independence as soon as possible, and only marital assets to be subject to sharing, not a marital-generated earning capacity. The first part of this…

Opinion: Why are we not planning for an ageing population?

Nicola Gooch considers the barriers to the seniors housing market, in light of recent research conducted by the firm alongside Knight FrankDeveloping the seniors housing sector more evenly across England would seem to align quite neatly with both the government’s levelling up agenda and their wider objectives for reinvigorating social care provision across the country.…

The new Electronic Communications Code: Welcome clarity

The Supreme Court has provided some clarity on whether operators, in particular those with pre-existing code agreements, have new code rights, as Samuel Lear finds outThe purpose of the new code was to facilitate the roll out of electronic communications networks for the benefit of the public at large while balancing those objectives with the…

Climate change: Is it a legal issue?

Climate change regularly grabs the headlines, but are solicitors obliged to consider its impacts for property ownership as part of their advice to buyers and lenders? Julie Vaughan considers what sort of advice might a solicitor be expected to offerSome respected voices at the environmental law Bar now believe there is a decent prospect that…

Revisiting termination: When to stick or twist?

Richard Spring considers the intricacies of terminating a contractor’s engagement and then provides practical advice on how to do soWhat of a contractor who, put simply, is just not performing? What options are available to an employer who believes its contractor is not holding up its end of the bargain? For employers, exercising a right…

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Nuptial agreements: Keeping it in the family