2009 Articles Archive
Listed below are the articles published on Family Law Week in 2009
- “What is the Measure of Maintenance?” How does the court quantify spousal periodical payments?
Alexander Chandler, of 1 King's Bench Walk, considers the court's approach to quantum of maintenance post Charman and Miller
- A Lack of Care: Local authorities, care and negligence claims
Rawdon Crozier of Kings Bench Chambers, Plymouth, reviews the rise of negligence claims arising from local authority care and gives practical advice on how family lawyers can handle such cases
- Alice Through The Looking Glass: Children Law And The Reality Of Mirror Orders In Colombia
Sarah Cooper, of Thomas More Chambers, and Cesar Sanchez, of Universidad Nacional de Colombia, look at the particular issues of enforcing residence and contact orders in Colombia.
- An Interview with Sir Mark Potter
David Chaplin, publisher of Family Law Week, speaks to Sir Mark Potter, the President of the Family Division, about his views on media access, funding and the voice of the child. The interview took place before the Government's long awaited response to the issue of media access in family courts was published.
- Ancillary Relief Update (July 2009)
Joanna Grandfield, barrister with Mills & Reeve, analyses the key ancillary relief cases from the past six months.
- Assuring Quality in the Independent Reviewing Service for Looked After Children
Liz Gosling and Alison Williams, qualified social workers, consider the status of the independent reviewing officer and propose a framework to provide a truly independent and quality assured service.
- Capitalisation of income needs in Inheritance Act claims: Duxbury or Ogden?
Sidney Ross, of 11 Stone Buildings, looks at the use of Ogden and Duxbury calculations in Inheritance Act Claims
- Cat and Mouse: The consultation over the future of family legal aid
The consultation on the future of family legal aid ends at midnight today (3 April 2009). In a special feature for Family Law Week, Chris McWatters, from 5 Kings Bench Walk, speaks to some of the leading players in the debate, including the LSC, Lord Bach the legal aid minister and Dominic Grieve, the Conservative Party spokesman.
- Children (Private Law) Update (September 2009)
Alex Verdan QC, of 4 Paper Buildings, reviews the latest key decisions in private children law
- Children Public Law Update (February 2009)
Alex Verdan QC, of 4 Paper Buildings, reviews the latest key public law cases
- Children Public Law Update (June 2009)
Alex Verdan QC, of 4 Paper Buildings, surveys the key public law cases of recent months including developments in removals at birth, cultural background and s20 of the Children Act
- Children: Private Law Update (December 2009)
Alex Verdan QC, of 4 Paper Buildings, reviews the latest key decisions in private children law.
- Children: Private Law Update (May 09)
John Tughan, of 4 Paper Buildings, reviews the key decisions in children private law over the past few months
- Children: Public Law Update (October 2009)
John Tughan, of 4 Paper Buildings, reviews the latest public children law cases
- Conflict in Family Litigation: Part 3 - Mills & McCartney: A Case Study
Neil Denny, solicitor at Mogers in Bath, revisits the emotions revealed in the Mills & McCartney divorce and how they illustrate some of the key themes in conflict theory. This is the third and final part in this series.
- Defining Detriment
What detriment will suffice to give rise to an express common intention constructive trust? Luke Barnes, of 3, Dr Johnson’s Buildings, considers the courts’ evolving approach.
- Drafting non-molestation orders: going beyond the blanket ban
Byron James, of Guildford Chambers, considers the need to ensure accurate, specific drafting of non-molestation orders
- Equal Care and Housing: Welfare v Resources?
Byron James, of Guildford Chambers, reviews the recent Lords decision in Holmes-Moorhouse v LB of Richmond which dealt with the clash between court orders on residence and the housing resources of a local authority.
- Family Justice at the Crossroads
The Hershman/Levy Memorial Lecture delivered by The Rt Hon Sir Mark Potter to the Association of Lawyers for Children, 2 July 2009
- Forced Marriage, Local Authorities and Applications without Leave: The New Provisions
Louise McCallum, a barrister practising in family law at Zenith Chambers, Leeds and co-author of a practitioners guide to the Forced Marriage (Civil Protection) Act 2007, looks at the new provisions, which came into force on 1 November, allowing local authorities to apply for forced marriage orders without the leave of the court.
- Hair Testing Finds the Root Cause
Avi Lasarow, Managing Director of Trimega Laboratories, sets out the principles and uses of hair testing in family proceedings
- Instructing a Pensions Expert: Practical Tips (Part 1)
Peter Crowley, from Windsor Actuarial Consultants, provides some commonsense tips and insights on working with a pensions expert. This is the first in a series of three short pieces on the subject.
- International Relocation: The Reality Check
What actually happens after a child is relocated? Clare Renton, of 29 Bedford Row, looks at new research suggesting some received wisdom can be challenged.
- Is My Trust Fund Protected If I Get Divorced? – A Jersey Perspective (Part I)
Andrew Fox, a barrister and head of family law at Sinels, provides a comprehensive review - in 2 parts - of the interplay between the English and Jersey courts when faced with trust funds on divorce. Part 1 sets out the statutory provisions and principal cases. Part 2, to be published next month, will consider how the Jersey courts and the trustees may respond.
- Is My Trust Fund Protected If I Get Divorced? – A Jersey Perspective (Part II)
Andrew Fox, a barrister and head of family law at Sinels, provides a comprehensive review - in 2 parts - of the interplay between the English and Jersey courts when faced with trust funds on divorce. This second part concentrates on the Jersey court's approach to the relationship with English divorce courts. Part 1 was published in September.
- It's a Collaborative World: The Ninth Education Forum of the International Association of Collaborative Practitioners
Haema Sundram, partner with Lynch & Co and collaborative lawyer, reports on her trip to the recent meeting of International Association of Collaborative Practitioners and how it has inspired changes in her own approach to collaborative law.
- MacLeod v MacLeod: Pre-nups, Post-nups and s35 of the MCA
Tim Scott reviews the use of nuptial agreements following the Privy Council's recent judgment in MacLeod v MacLeod
- Maintenance within the EU: The New Regulation
David Hodson, consultant with The International Family Law Group, summarises the key points in the new EU Maintenance Regulation
- Marital Agreements And Case Management
Ashley Murray, of Oriel Chambers, reflects on the principles underpinning marital agreements in the light of the recent cases.
- McFarlane v McFarlane – where are they now?
How should the concept of compensation be accounted for in a variation application? Clare Williams, of Pannone LLP, looks at what lessons might be learnt from the recent judgment in McFarlane.
- Media Access to Family Courts: The New Rules
The new rules on media access to family courts come into force on 27 April 2009. Adam Wolanski, of 5RB, summarises the rules and their effect
- Media Access to the Family Courts: the Latest Proposals
Adam Wolanski of 5RB summarises the provisions of the Children, Schools and Families Bill relating to media access to the family courts and highlights some potential difficulties.
- More Police Powers for Domestic Violence - The Crime and Security Bill Reviewed
Michael Horton of Coram Chambers examines the domestic violence provisions in the Crime and Security Bill and the powers it confers upon the police.
- Mortgages in a difficult market: Practical pointers on equity transfers and capital adjustments.
Keith Farrell, Independent Mortgage Adviser, and principal of Figtree Mortgages in Bristol, looks at ways in which clients’ chances of approval for a mortgage can be increased in a climate where it appears lenders don’t want to be lenders any more, and where seemingly innocuous “history” can cause havoc with credit profiling.
- Myerson – A Warning or Business as Usual?
Punam Denley of Blanchards Law considers the recent Court of Appeal judgment in the "credit crunch" case of Myerson
- Occupation Orders after Grubb
Byron James of Guildford Chambers explains the significance of Grubb v Grubb for occupation orders where there are no allegations of violence.
- Orders Relating To Children Within The European Union Under BIIR
Clare Renton, of 29 Bedford Row, examines the current issues in procedure, enforcement and habitual residence relating to children orders under BIIR
- Placement, Assessment & Adoption Overseas after A (A child)
In what circumstances can a local authority place a child overseas for assessment, placement or adoption? Lucy Reed of St Johns Chambers looks at the impact of the recent decision in A (A Child)
- Proprietary Estoppel: An Oasis Without Palm Trees (Or Water?)
John Wilson looks at the implications for family lawyers on the use of proprietary estoppel following the recent Lords judgment in Yeomans Row v Cobbe
- Radmacher and Judicial Discretion
David Burrows looks at Radmacher from a different angle - should the Court of Appeal challenged the judge's discretion?
- Radmacher and the Judicial Status of Pre Marriage Agreements
How will pre marital agreements be handled by the courts in the wake of the Court of Appeal judgment in Radmacher? David Hodson, of The International Family Law Group, analyses the judgment and assesses its impact.
- Radmacher v Granatino: prenups and postnups - what do we argue now?
Timothy Scott QC provides further thoughts on the Court of Appeal decision in Radmacher.
- Speculating on Future Trusts Interests: The judgment in C v C
What is "foreseeable" when including trust assets in ancillary relief proceedings? Punam Denley, of Blanchards Law, looks at the recent judgment in C v C
- The Child in Need and s.20 of the Children Act after Southwark
David Bedingfield, of 4 Paper Buildings reviews the background to s20 of the Children Act and its application in recent cases concerning the duties of local authorities and provision of services for children in need.
- The Cohabitation Bill: the present position
Is Lord Lester's Cohabitation Bill making progress in Parliament? Bik Wong, solicitor with Hubbard Pegman & Whitney LLP, reviews the history and scope of the proposed radical legislation
- The continuing role of the FDR judge after Myerson
When should the judge step away from the case after the FDR? Matthew Brunsdon-Tully examines the impact of the case of Myerson
- The Corporate Veil Intact: Ancillary relief and businesses after Hashem v Shayif
When can a partner get hold of corporate assets in ancillary relief proceedings? Caroline McNally of Farrers looks at the lessons of the recent judgment in Hashem v Shayif
- The Court of Protection in Action: A Family Lawyer's Primer
Moira Sofaer looks at the fundamental purpose, procedures and people involved in the Court of Protection. This article is a companion piece to Moira's recent article on the Mental Capacity Act.
- The Court of Protection: An overview for family lawyers
Moira Sofaer, of 1 Mitre Court Buildings, presents an overview of the principles of the Mental Capacity Act 2005 and the Court of Protection.
- The Perils of Self-Help Disclosure: Hildebrand Revisited
Andrzej Bojarski of 36 Bedford Row examines the implications for self-help discovery and Hildebrand documents of the Court of Appeal's decision in White v Withers.
- The Shining Light of the Media
On the day that media access to family courts is introduced, Chris McWatters of 5 KBW surveys the views of campaigners and the legal profession on the impact these reforms will have on family justice.
- When does provision for children end under Schedule 1? Lessons from N (A Child)
When should financial provision for children under Schedule 1 of the Children Act come to an end? Bik Wong looks at the conclusions of Munby J on this and other issues arising from the recent case of N (A Child)
- When should a party state their case in ancillary relief?
In the absence of formal pleadings, when should a party in ancillary relief state their case and what penalties exist if the rules are breached? Alexander Chandler, of 1 Garden Court, summarises the position.