Home > Articles > 2011 archive
- Finance & Divorce Winter Update 2011
Joanna Grandfield, barrister with Mills & Reeve, reviews the latest key financial remedy cases.
- Human Rights Update – December 2011
Deirdre Fottrell, Barrister, of Coram Chambers considers two recent judgments relating to human rights and family law.
- S v C: Re E Revisited
Jennifer Perrins, barrister, of 1 King's Bench Walk, considers the Court of Appeal's judgment in S v C, the first appeal concerning an Article 13b 'defence' under the Hague Convention following the Supreme Court's decision in Re E (Children) (Abduction: Custody Appeal).
- Family Arbitration: An Introduction
In his keynote address, delivered at a reception hosted by Collaborative Family Law last week, Lord Wilson of Culworth referred to the advent of an arbitration scheme to determine family disputes. In this article Timothy Scott QC of 29 Bedford Row Chambers offers an explanation as to how that scheme, which will be launched in February 2012, will work.
- Children: Public Law Update (November 2011)
John Tughan reviews the more important judgments affecting public law children work over recent months
- Alternative Methods of Family Dispute Resolution
The keynote address by Lord Wilson of Culworth, delivered at a reception at The Reform Club on 29 November 2011 hosted by Collaborative Family Law
- One step forward, one step back: Jones v Kernott
Alexander Chandler, barrister, 1 King's Bench Walk analyses the Supreme Court judgment in Jones v Kernott and evaluates the extent to which it clarifies the law applicable to the determination of cohabitation disputes.
- The Proceeds of Crime Act 2002 in Financial Remedy Proceedings Part 2.
In the second of a Two Part Article, Christian Jowett, Barrister, Temple Chambers, Cardiff and Newport, and Rhys Taylor, barrister, Thirty Park Place Chambers, Cardiff, offer insights for the family lawyer into the law and practice of confiscation proceedings and their impact on financial remedy proceedings.
- The Proceeds of Crime Act 2002 in Financial Remedy Proceedings Part 1.
In the first of a two part Article, Christian Jowett, Barrister, Temple Chambers, Cardiff and Newport. and Rhys Taylor, barrister, Thirty Park Place Chambers, Cardiff, offer insights for the family lawyer into the law and practice of confiscation proceedings and their impact on financial remedy proceedings.
- Jones v Kernott – Another helping of the witches' brew?
Rebecca Bailey-Harris and John Wilson QC, both of 1 Hare Court, analyse the implications of the much anticipated Supreme Court judgment in Jones v Kernott.
- Mesher Orders in Practice
Richard Tambling, barrister, One Garden Court, reviews the legal and practical issues arising in financial remedies cases where Mesher orders may be the appropriate solution.
- Finance & Divorce Update Autumn 2011
Joanna Grandfield, barrister with Mills & Reeve, reviews the latest key matrimonial finance cases from the summer and early autumn.
- Surrogacy: National Approaches and International Regulation
Michael Edwards, Barrister, 4 Paper Buildings, and Colin Rogerson, Solicitor, Dawson Cornwell, report on the proceedings at the Workshop on National Approaches to Surrogacy, University of Aberdeen between 30 August 2011 and 1 September 2011
- Kernott v Jones and the principled approach to Constructive Trusts
In anticipation of the Supreme Court’s judgment in Kernott v Jones, Peter Ryder, solicitor considers the principles that the court should apply in deciding property disputes in cohabitation disputes.
- Court of Protection Update (October 2011)
Sally Bradley, Barrister, of 4 Paper Buildings considers recent cases in the Court of Protection including W v M, the 'right to die' case
- Children Proceedings after Parental Murder – How Should They be Funded?
Rebecca Stevens, Solicitor-Advocate with Withy King Solicitors, considers the funding issues faced when resolving issues relating to the children of a murdered parent.
- International Children Law Update - September 2011
Jacqueline Renton, Barrister, of 4 Paper Buildings reviews the latest key decisions in international children law.
- Children: Private Law Update (September 2011)
Alex Verdan QC reviews the most significant of the latest judgments in private law Children applications, including the important decisions of the Court of Appeal relating to leave to remove
- Legal aspects of living under the same roof during divorce: the Rise of the “Mid-Nuptial Agreement"
Alison Hawes, Partner, Irwin Mitchell LLP reviews the practical problems and associated legal issues that can arise where parties want to divorce but the principal asset cannot be realised because of a stagnant property market.
- Relocation: Reform? Comments from the Relocation Campaign
Michael Robinson of The Custody Minefield and Relocation Campaign responds to the recent articles by Richard Gregorian and Gavin Emerson concerning leave to remove applications, Payne v Payne and post-Payne developments
- Human Rights and Family Law Summer Update 2011
Deirdre Fottrell, Barrister, of Coram Chambers and Lecturer in Law at the Human Rights Centre, University of Essex, reviews recent family law cases in which human rights issues have been of special importance
- Children: Public Law Update (July 2011)
John Tughan, Barrister, of 4 Paper Buildings reviews recent developments in Public Law Children .
- Leave to Remove – Improving Due Process
Richard Gregorian and Gavin Emerson of Gregorian Emerson Family Law Solicitors argue that the focus in defending leav to remove proceedings should be on ensuring due process.
- Cost Orders in Public Law Proceedings: A New Approach?
Does the general rule of ‘no order as to costs’ still apply in public law Children proceedings? Harry Nosworthy reviews recent judgments which suggest that the courts are now readier to make costs orders.
- Finance & Divorce Update Summer 2011
Joanna Grandfield, barrister with Mills & Reeve, analyses the latest key matrimonial finance cases.
- The End of Payne?
Andrea Watts, barrister, at 1 King’s Bench Walk, considers the Court of Appeal’s judgment in Re K (Children)  EWCA Civ 793 and its impact on pre-existing case law and, in particular, Payne v Payne
- Leave to Remove and the Payne Discipline – Breaking the Impasse
In this two-part article Richard Gregorian and Gavin Emerson of Gregorian Emerson Family Law Solicitors explain the difficulties they perceive with the arguments relied on by critics of Payne v Payne and why the focus in defending these critically important proceedings should be on ensuring due process. The second part of the article will appear next week.
- Section 91(14) Orders – A Never Ending Story?
Lucy Reed, Barrister, of St John’s Chambers, Bristol, reviews recent examples of the court’s application of section 91(14)
- Relationships are not built in a day……
Andrew Commins, barrister, at St John's Chambers, Bristol, considers the changing nature of relationships and the legal significance of their distinctions.
- Re T (A Child: Murdered Parent) and Injunctions in the Family Courts
Andrew Willetts, Barrister, of King’s Bench Chambers, Plymouth, considers the recent case of Re T (A Child: Murdered Parent) and the court’s injunctive powers to protect children from a non-resident parent.
- The New Maintenance Regulation: A Guide for Family Lawyers
Eleri Jones provides an overview of the key aspects of the new EU Maintenance Regulation which comes into force on the 18th June
- The Supreme Court's Decision in Re E (Children) (FC) and the Article 13(b) Defence – Initial Considerations
Jacqueline Renton, Barrister, of 4 Paper Buildings, offers some initial thoughts on the Supreme Court's judgment in Re E (Children)
- Divorcing a bankrupt: where insolvency law meets ancillary relief
Henry Clayton of 4 Paper Buildings summarises the law on the interface between bankruptcy and ancillary relief in the light of the decision of Jackson J in Mekarska v Ruiz
- Finance & Divorce Update – May 2011
Joanna Grandfield, barrister with Mills & Reeve, analyses the latest key matrimonial finance cases.
- Children: Private Law Update (May 2011)
Alex Verdan QC of 4 Paper Buildings reviews recent judgments and rule changes relating to private law children proceedings
- Court of Protection Update (May 2011)
Sally Bradley, Barrister, of 4 Paper Buildings considers a range of issues that have recently come before the Court of Protection
- Fair Outcomes as Common Intentions? The Debate in Kernott v Jones
In advance of the Supreme Court’s consideration of Kernott v Jones, Dr Robert H. George, Senior Law Tutor, Jesus College, University of Oxford considers the role of fairness in the resolution of Cohabitation Claims disputes.
- Mesher Orders: you don’t always have to say ‘yes’
Byron James, Barrister, of 14 Gray's Inn Square considers the utility of Mesher Orders and asks whether they are always as suitable to the parties' needs as might be suggested by the case law.
- Kernott v Jones - Asking the Right Questions
Rawdon Crozier, barrister at King's Bench & Godolphin Chambers, considers the questions that he hopes the Supreme Court will address in the forthcoming judgment in the Kernott v Jones appeal.
- Civil Restraint Orders in the Family Courts
Matthew Burman, a pupil barrister at Coram Chambers, considers a new addition to the family procedural code
- Family Procedure Rules 2010: A Guide to Private and Public Law Family Proceedings concerning Children
Clive Redley, Barrister, of Tooks Chambers, a member of the Family Procedure Rule Committee, provides a guide to the new Family Procedure Rules and their application to children applications, both Private Law and Public Law
- Children: Public Law Update (April 2011)
John Tughan, Barrister, of 4 Paper Buildings reviews recent developments in Public Law Children including several as yet unreported cases
- Family Law Week's Budget Briefing
Vanessa Hamer, Tax Director with RSM Tenon, reviews the Chancellor's 2011 Budget announcements
- In medias res: the final order has just been drawn; the wife has died; what is one to do?
Byron James, 14 Gray’s Inn Square, considers Barder events in the light of Richardson v Richardson
- “The Tartan Divide” – a guide to matrimonial law in Scotland for Family Lawyers in England & Wales.
Lucia Clark of Morton Fraser LLP, a solicitor qualified and practising in both Scots and English family law, provides a practitioner’s guide to matrimonial law and practice in Scotland, and the similarities to and differences from the law of England and Wales.
- Disclosure Issues and the Role of the Special Advocate
Anita Guha, barrister, of 7 Bedford Row, reviews the role of special advocates after the decision in Chief Constable and another v YK and others  EWHC 2438
- Cohabitation Law Update Spring 2011
John Wilson QC of One Hare Court’s review of law and procedure in Cohabitation Claims: spring 2011
- Children: Private Law Update (February 2011)
Alex Verdan QC of 4 Paper Buildings reviews important recent developments relating to private children law
- When is a Fact Finding Hearing Necessary?
Rhiannon Davies and Charmian Gammon, Barristers of St Ives Chambers, consider the President's Guidance and recent caselaw relating to split hearings
- Determining ownership of property between a spouse and a third party in ancillary relief proceedings - Goldstone v Goldstone
David Marusza, a pupil at 1 Hare Court, considers the judgments in Goldstone v Goldstone and Others
- Hang on a Minute! (Or is Kernott the new White?)
Rebecca Bailey-Harris and John Wilson both of 1 Hare Court give a timely warning to all practitioners advising in TOLATA claims to be mindful of the possible implications of forthcoming Supreme Court appeal in Kernott v Jones.
- International Children Law Update - February 2011
Jacqueline Renton of 4 Paper Buildings reviews the latest key decisions in international children law.
- Section 38(6) Assessments: The Good, the Bad and the Ugly
Cyrus Larizadeh, barrister, of 4 Paper Buildings considers developments in case law and practice in respect of assessment under section 38(6) of the Children Act
- The CSA and the Government: the dog is barking and the cat is locked in the study
Olivia Stiles of Hickman & Rose and Byron James of 14 Gray's Inn Square consider the policy issues behind the Government's consultation on child maintenance
- Court of Protection Update (January 2011)
Sally Bradley, Barrister, of 4 Paper Buildings reviews recent important decisions made in the Court of Protection