Home > Articles > 2005 archive
- A New Direction for Mediation
David Hodson proposes a different approach to mediation in dispute settlement
- A Short Circuit to Settlement
Deborah Jeff asseses the novel use of the oral discovery procedure in the case of OS v DS
- Advising clients about the Civil Partnership Act
Bridget Garrood considers how the practitioner should handle the inevitable questions about the new Act.
- Bankruptcy and Ancillary Relief Proceedings
Gareth Miller outlines the effect of bankruptcy in general and considers the impact of bankruptcy on ancillary relief.
- Brussels II Encore - A summary of Brussels II bis
David Hodson highlights the key provisions of Brussels II bis which came into force on 1st March 2005
- Charalambous and Variation of Trusts
Can the Courts alter or vary ante and post nuptial trusts? Sarah Higgins of Charles Russell LLP considers the position in the light of the decision in Charalambous.
- Cohabitation & Commitment: Inheritance (Provision for Family and Dependants) Act 1975
Miranda Allardice of 3 Pump Court reviews the recent decisions giving guidance as to what constituents cohabitation and the commitment necessary in order to qualify under the Inheritance (Provision for Family and Dependants) Act 1975
- Collaborative Law & Big Money Cases
Roger Bamber puts forward the benefits of a collaborative law approach to cases involving businesses and trusts.
- Contact Disputes - The Children (Contact) and Adoption Bill and the President's Private Law Programme
Mike Hinchliffe, Deputy Legal Director of CAFCASS, looks at the Draft Children (Contact) and Adoption Bill and its impact on the management of contact cases
- Contact: Where are we now?
A review of the latest proposals by District Judge John Mitchell
- Disclosing Information Relating To Children And Their Families
Claire Bessant discusses the impact of recent legislative amendments and cross-government guidance on the disclosure of information about children.
- Ensuring Children Are Represented
David Boyd considers the current position and examines some future developments in the representation of children in family proceedings
- Factitious Illness By Proxy - Where are we now?
Julia Macur QC reviews the use of terms such as 'factitious illness by proxy' at fact finding hearings in the light of recent cases.
- Financial provision: the new forms and procedure
New forms for financial provision applications are in place from 5 December 2005. David Hodson looks at the changes and signposts some areas for further reform.
- Inherited Wealth and Ancillary Relief Claims
John Wilson of Hare Court addresses the issues that arise in financial provision cases when one or other party has assets accumulated outside the marriage
- Local Authorities, Child Protection and Negligence
Rebecca Opie and Rhiannon Evans of Clarke Wilmott discuss the potential remedies where adoptive parents claim that information about the adopted child has been withheld.
- Pensions - All Change (2) - the Pensions Act 2004
David Salter highlights key changes of the Act which comes into force this week
- Proceeds of Crime Act 2002 - The impact of Bowman v Fels
Philip Way considers the impact of Bowman v Fels on the family lawyer
- Short, but not necessarily sweet
Andrew Newbury of Pannone & Partners considers short marriages and divorce
- The Adoption and Children Act 2002
Deborah Cullen, Secretary to the Legal Group at the British Agencies for Adoption and Fostering, guides you through the key provision of the new Act in preparation for it coming into force at the end of the year
- The Civil Partnership Act 2004, Benefits and Couple Status
John Eames looks at the impact the Civil Partnership Act will have in redefining the notion of a "couple" for means-tested welfare benefits and tax credits purposes.
- The Domestic Violence Crime & Victims Act: what are the changes?
District Judge Roger Bird asseses the new Act and its impact on resolving dometic violence enforcement
- The Domestic Violence Crime and Victims Act 2004: A practical perspective
Claire Bessant looks at the how the Domestic Violence Crime and Victims Act can be used in real life situations
- The Millers' Tale
Philip Moor considers the position in high net worth, short marriage cases in the light of Miller v Miller.
- The Views of Children in Child Abduction Cases under the Hague Convention
Richard Harrison of 1 KBW examines the extent to which the views of children can affect the outcome in Hague Convention proceedings by analysing the "Child's Objections" defence
- The Welfare Test and Human Rights - where's the beef in the sacred cow?
Robin Tolson QC reconsiders the section 1 welfare test of the Children Act 1989 and its interaction with the ECHR