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Articles 2015

• “… this can no longer be tolerated”: a short guide to the correct use of section 20, Children Act 1989
  News (11/11/2015)
  Alex Laing, barrister of Coram Chambers, concludes his review of N (Children) (Adoption: Jurisdiction) by considering what the President said about section 20 agreements.
• “Nowadays not all law can be simple law; but the best law remains simple law”
  Articles (04/02/2015)
  Christopher Hames and Dorothea Gartland, of 4 Paper Buildings, & Nina Hansen, a partner of Freemans Solicitors, consider the important Court of Appeal judgment in Re M (Republic of Ireland) (Children’s Objection) (Joinder of Children as Parties).
• “Reattribution” after MAP v MFP or “For better, for worse”
  Articles (08/05/2015)
  Ella Calnan, barrister of Fourteen, considers the future prospects of claims for reattribution of expenditure in financial remedies cases.
• A Theory of Everything – Special Contributions in Matrimonial Finance
  Articles (27/02/2015)
  Joshua Viney of 1 Hare Court considers the problem of identifying those cases where a contribution will be treated as “special” and analyses the relevant case law
• All Change for London Family Lawyers: An International Perspective
  Articles (22/07/2015)
  Stuart Clark, Associate Solicitor at The International Family Law Group LLP, explains the latest changes to the administration of divorce and financial remedies cases in London.
• Ariadne’s Golden Thread: Placing Children in Secure Accommodation
  Articles (09/04/2015)
  Alex Laing, barrister at Coram Chambers, provides a step-by-step guide through the secure accommodation labyrinth when determining whether to use section 25 of the Children Act 1989 or the inherent jurisdiction.
• Autism and Child Arrangement Disputes
  Articles (29/09/2015)
  Louise Desrosiers, Barrister, of Lamb Building describes the issues which need to be considered in child arrangement disputes involving children who are on the autism spectrum.
• Bitcoins and the dark net: a virtual reality that every divorce practitioner should know about
  Articles (23/11/2015)
  Byron James, barrister, Fourteen considers the possible significance of the dark net and bitcoins in financial remedies cases
• Changes to the Divorce Process in England and Wales: Q&A
  Articles (15/04/2015)
  HM Courts & Tribunals Service explain how the forthcoming changes will affect the divorce process in England and Wales.
• Child Abduction and Inchoate Rights
  Articles (11/06/2015)
  Marie Crawford, barrister of Becket Chambers, considers one of the most significant developments in relation to child abduction cases in the last thirty years.
• Children Public Law Update (May 2015)
  Articles (28/05/2015)
  John Tughan QC of 4 Paper Buildings reviews recent judgments of particular importance to all practitioners in public children law
• Children Public Law Update (September 2015)
  Articles (02/09/2015)
  John Tughan QC of 4 Paper Buildings reviews recent judgments of significance to child care lawyers.
• Children: Private Law Update (April 2015)
  Articles (29/04/2015)
  Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.
• Children: Private Law Update (December 2015)
  Articles (16/12/2015)
  Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.
• Children: Private Law Update (January 2015)
  Articles (28/01/2015)
  Alex Verdan QC, of 4 Paper Buildings, reviews recent important judgments in private law children cases.
• Children: Private Law Update (July 2015)
  Articles (29/07/2015)
  Alex Verdan QC, of 4 Paper Buildings, reviews recent important judgments in private law children cases.
• Children: Public Law Update (March 2015)
  Articles (03/03/2015)
  John Tughan QC of 4 Paper Buildings reviews recent judgments of particular importance to all practitioners in public children law.
• Court of Protection Update (January 2015)
  Articles (16/01/2015)
  In this update Sally Bradley and Julia Townend, barristers of 4 Paper Buildings, focus on the applicable procedure for cases in which urgent and serious medical treatment is required.
• Court of Protection Update (September 2015)
  Articles (16/09/2015)
  Sally Bradley and Julia Townend, barristers of 4 Paper Buildings, focus on the applicable law and procedure pertaining to reporting restriction orders in the Court of Protection generally and further to the recent judgment in A Healthcare NHS Trust v P & Q.
• Daedalus’s Twist? Secure Accommodation after a Child’s 16th Birthday
  Articles (09/04/2015)
  Alex Laing, barrister at Coram Chambers, examines whether, and if so on what basis, the court can place in secure accommodation a child who has celebrated his 16th birthday.
• Divorce in the United Arab Emirates
  Articles (22/04/2015)
  Mary Barton, a consultant solicitor with James Berry & Associates, provides a brief outline of the law applicable on divorce in the United Arab Emirates.
• Domestic Violence and Care Proceedings: Re-victimising the Victim?
  News (11/12/2015)
  Rebekah Wilson, barrister, of Garden Court Chambers examines the plight of victims of domestic violence who find themselves caught up in care proceedings.
• Family Law Week’s Budget Briefing 2015
  Articles (18/03/2015)
  Jan Ellis, chartered accountant, of Ellis Foster LLP, a firm which specialises in advising family lawyers on tax-related family law issues, explains the budget changes of most relevance to family lawyers.
• Family Law Week’s Budget Briefing, July 2015
  Articles (08/07/2015)
  Richard Holme, Chartered Accountant of Creaseys, a firm which specialises in advising family lawyers on tax related family law issues, explains the Budget changes of most relevance to family lawyers.
• FGM and the Serious Crime Act 2015
  Articles (15/07/2015)
  Nkumbe Ekaney QC of Albion Chambers and Charlotte Proudman of Mansfield Chambers consider the important provisions introduced to protect girls and women from FGM.
• Finance & Divorce Update April 2015
  Articles (27/04/2015)
  Claire Molyneux, senior solicitor and Rebecca Lang solicitor, both of Mills & Reeve LLP analyse the financial remedies and divorce news and cases from March 2015
• Finance & Divorce Update August 2015
  Articles (15/08/2015)
  Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during July 2015
• Finance & Divorce Update December 2015
  Articles (06/12/2015)
  Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during November 2015
• Finance & Divorce Update February 2015
  Articles (19/02/2015)
  Jessica Craigs, senior solicitor of Mills & Reeve LLP analyses the financial remedies and divorce news and cases from January 2015
• Finance & Divorce Update January 2015
  Articles (23/01/2015)
  Jessica Craigs, senior solicitor of Mills & Reeve LLP analyses the financial remedies and divorce news and cases from December 2014
• Finance & Divorce Update July 2015
  Articles (19/07/2015)
  Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the financial remedies and divorce news and cases from June 2015
• Finance & Divorce Update March 2015
  Articles (22/03/2015)
  Jessica Craigs, senior solicitor of Mills & Reeve LLP analyses the financial remedies and divorce news and cases from February 2015
• Finance & Divorce Update May 2015
  Articles (13/05/2015)
  Claire Molyneux, senior solicitor, and Rebecca Lang, solicitor, both of Mills & Reeve LLP analyse the financial remedies and divorce news and cases from April 2015.
• Finance & Divorce Update November 2015
  Articles (03/11/2015)
  Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during October 2015
• Finance & Divorce Update October 2015
  Articles (11/10/2015)
  Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during September 2015
• Finance & Divorce Update September 2015
  Articles (13/09/2015)
  Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during August 2015
• Finance and Divorce Update June 2015
  Articles (19/06/2015)
  Rebecca Lang, Associate, of Mills & Reeve LLP analyses the financial remedies and divorce news and cases from May 2015.
• Funding Problems on the Horizon for family lawyers (and their clients)
  Articles (20/08/2015)
  Stuart Clark, Associate Solicitor with The International Family Law Group LLP considers the implications of increased use of s.37 MCA 1973 in setting aside payments on account of costs in financial remedies cases
• Greater Transparency in Children Proceedings: A Note of Caution
  Articles (09/07/2015)
  Tom Wilson, pupil barrister at 1 Garden Court Family Law Chambers, examines the arguments in favour of greater transparency in the family justice system but sounds a note of caution.
• Horton v Henry; pensions, bankruptcy and divorce
  Articles (22/06/2015)
  Pranjal Shrotri, barrister, 36 Bedford Row identifies the importance of the forthcoming judgment of the Court of Appeal in Horton v Henry Any financial remedies practitioner with an ongoing
• How Voluntary is Voluntary Accommodation?
  Articles (13/08/2015)
  Leah Pitt, pupil barrister, 2 King’s Bench Walk, considers the latest developments in the use of agreements under section 20 of the Children Act 1989.
• Injuries to Infant with Bone Disorder: latest deliberations of the High Court
  Articles (30/07/2015)
  Zimran Samuel, barrister of 42 Bedford Row, comments on Mr Justice Peter Jackson’s recent judgment concerning an infant with vitamin D deficiency induced rickets who had suffered multiple fractures.
• International Children Law Update: February 2015
  Articles (23/02/2015)
  Jacqueline Renton, barrister of 4 Paper Buildings, reviews the latest key decisions in international children law.
• International Children Law Update: October 2015
  Articles (19/10/2015)
  Jacqueline Renton, barrister of 4 Paper Buildings, reviews the latest key decisions in international children law.
• International Relocation: less ‘Payne’ – more pain?
  Articles (20/09/2015)
  Anita Mehta, barrister at Crown Office Row, Brighton, considers the implications of Re F (A Child) (International Relocation Cases) [2015] EWCA Civ 882 to the jurisprudence in respect of international relocation cases and private law generally.
• Is it time for no fault divorce?
  Articles (01/07/2015)
  David Marusza, barrister, Harcourt Chambers makes the case for the introduction of no fault divorce.
• Keep Calm and Read B-S
  Articles (02/06/2015)
  Cyrus Larizadeh of 4 Paper Buildings and Senate House Chambers recently spoke at the NAGALRO Conference on Re B-S, its aftermath and some of the misconceptions arising from it.
• Lawyers, Social Workers and the Proportionality Test
  Articles (09/03/2015)
  David Bedingfield, barrister of 4 Paper Buildings, considers the President’s judgment in A (A Child) [2015] EWFC 11 and the lessons to be derived by practitioners.
• Legal Parenthood: Modern Problems, Old Solutions – A review of The HFEA (A and Others) [2015] EWHC 2602
  Articles (28/09/2015)
  Deirdre Fottrell QC, 1 Garden Court Chambers, and Jemma Dally, Partner, Goodman Ray LLP, explain the factual background and legal issues involved in the President’s recent judgment in The Matter of the HFEA (A and Others)
• Limping Infants and Article 15 BIIA: the “magisterial” judgment in In the Matter of N (Children) (Adoption: Jurisdiction)
  Articles (10/11/2015)
  Alex Laing, barrister of Coram Chambers, considers two aspects of the decision in N (Children) (Adoption: Jurisdiction): (1) the jurisdiction of the courts of England and Wales to order the non-consensual adoption of a foreign child; and (2) the construction and use of Article 15 of Brussels IIA to transfer care proceedings.
• Malicious use of intimate images : the problem and some practical and legal remedies
  Articles (31/07/2015)
  Ariel Ricci, barrister at Coram Chambers, Julie Pinborough, Founder and Director of the Queen Mary Legal Advice Centre and Frances Ridout, Deputy Director of the Queen Mary Legal Advice Centre consider the growing problem of “revenge pornography".
• Mitochondrial Donation
  Articles (17/02/2015)
  Professor Nils Hoppe and Katy Rensten, both of Coram Chambers, look at the House of Commons debate and the proposed regulations concerning mitochondrial donation and argue for a serious and measured consideration of this important development.
• Nuptial Agreements: The Search for Intention
  Articles (05/03/2015)
  Ben Wooldridge, pupil at 1 Hare Court, reviews the court’s treatment of nuptial agreements since Radmacher v Granatino [2010] UKSC 42, highlighting emerging trends and the growing significance of the parties’ intentions in determining enforceability.
• Patel v Mirza: Illegal Cats and a Place of Repentance
  Articles (15/04/2015)
  John Wilson QC of 1 Hare Court analyses a Court of Appeal judgment on the illegality defence which may prove very pertinent to cohabitation and financial remedy cases.
• Pitfalls for Single Parents in Surrogacy
  Articles (06/03/2015)
  Anne-Marie Hutchinson OBE, Partner, and Colin Rogerson, Solicitor Advocate, both of Dawson Cornwell, consider the options for single parents seeking legal parentage of children born through a surrogacy arrangement.
• Placement and Adoption: if a thing is worth doing, it is worth doing well
  Articles (23/06/2015)
  Mavis Amonoo-Acquah, Pupil Barrister, 1 Garden Court Family Law Chambers, considers recent judicial guidance, and its application, in respect of non-consensual adoption.
• Privacy in Financial Remedies Proceedings
  Articles (01/10/2015)
  David Bedingfield, barrister, 4 Paper Buildings, considers conflicting judicial attitudes to the vexed question of rights to privacy in financial remedies proceedings.
• Questioning the Use of Section 20
  Articles (26/11/2015)
  Judith Masson, Professor of Socio-legal Studies at the University of Bristol, considers section 20 of the Children Act 1989 within its broader historic, legal and practice context.
• Radicalisation: a proportionate response
  Articles (28/10/2015)
  Sarah Williams, Legal Team Leader, Social Care Team, at London Borough of Tower Hamlets, considers the high-profile cases recently heard in the Family Division of the High Court where children or families have been considered at risk of radicalisation and, in some cases, travelling to Syria or Iraq, together with the judicial responses to those cases.
• Re J: A Lesson on Threshold and Logic
  Articles (23/04/2015)
  Alex Laing, pupil, and Radhika Handa, barrister, of Coram Chambers, consider Re J in which the Court of Appeal picked up a number of the themes articulated by the President in Re A.
• Relief from Sanctions in the Family Courts
  Articles (14/06/2015)
  Chris Barnes, 4 Paper Buildings, and Jane Wells and James Billingham, Harney and Wells Solicitors, consider the lessons of H (Children) in which they acted for the appellant father.
• Save Legal Aid, Save Lives
  Articles (24/03/2015)
  Ruth Tweedale, a law lecturer at the University of Roehampton and former solicitor at Rights of Women, describes recent developments in the campaign to preserve family law legal aid for victims of domestic violence.
• Schedule 1 to The Children Act 1989: Not Just for Wags
  Articles (06/02/2015)
  Anita Mehta, barrister of Crown Office Row, Brighton, argues that Schedule 1 to the Children Act 1989 applications should not be regarded as the domain of footballers’ girlfriends or the uber-wealthy but as a powerful tool for meeting children’s needs in a wide variety of cases
• Section 20 Children Act 1989: Consent, Not Coercion – Issue or be Damned
  Articles (24/11/2015)
  Jacqui Gilliatt, barrister, and Amy Slingo, pupil, both of Four Brick Court, set out lessons to be learned from the recent judgments concerning section 20.
• Something must be done – will a partial return to Calderbank fit the Bill (or at least reduce it)?
  Articles (12/02/2015)
  Tom Wilson, pupil at 1 Garden Court Family Law Chambers, examines the possibility of a partial re-introduction of the Calderbank offer
• Stop in the Name of Love! The New EU Regulation 606/2013 on Protection Measures
  Articles (15/01/2015)
  Sarah Lucy Cooper, barrister of Thomas More Chambers, explains the details and effect of this recently implemented EU personal protection law.
• Stranded Spouses and Immigration Control
  Articles (31/03/2015)
  Sulema Jahangir, solicitor with Dawson Cornwell, explains the plight of wives and mothers who are stranded in foreign countries, often separated from their children, and unable to return to England because of immigration restrictions.
• Surrogacy in the UK vs Surrogacy Abroad – entirely different, or one and the same?
  Articles (04/08/2015)
  Nicola Scott, fertility lawyer at Porter Dodson LLP, considers those issues that often arise in UK surrogacy arrangements.
• Surrogacy Law Update (February 2015)
  Articles (26/02/2015)
  Andrew Powell, barrister of 4 Paper Buildings, reviews recent important judgments concerning surrogacy including the President's landmark decision in Re X.
• Surrogacy Law Update (June 2015)
  Articles (26/06/2015)
  Andrew Powell, barrister, 4 Paper Buildings, examines recent developments in surrogacy law.
• The Cat’s Out of the Bag: legal advice privilege and the risks of being caught with a divorce lawyer
  Articles (27/03/2015)
  Samuel Littlejohns, pupil at 1 Hare Court, examines whether the very fact that a party consulted a lawyer at a given time is privileged information, and the practical consequences of this for practitioners.
• The Court of Appeal and the Birth Family: Making Certain Justice is Seen to be Done
  Articles (06/05/2015)
  David Bedingfield, barrister of 4 Paper Buildings, considers two recent Court of Appeal judgments which had cause to consider the significance of a child's family ties.
• The President, Mr Justice Holmes and the Life of the Law
  Articles (30/01/2015)
  Following Sir James Munby’s judgment in B and G (Children) (No 2), David Bedingfield, barrister of 4 Paper Buildings, considers the continuing relevance of the American jurist, Oliver Wendell Holmes.
• The Rise and Rise of Damages in Human Rights Claims
  Articles (12/02/2015)
  Julie Stather, barrister of Westgate Chambers, considers the development of claims for damages arising from breaches of human rights in care proceedings.
• The Separate Representation of Children in Child Abduction Proceedings
  Articles (06/01/2015)
  Esther Lieu, barrister of 3PB Chambers, explores how the role of children has developed Hague Convention child abduction proceedings.
• The UNCRC in the Supreme Court – the impact of SG v Secretary of State for Work and Pensions
  Articles (21/05/2015)
  Deirdre Fotttrell QC of 1 Garden Court Family Law Chambers considers the Supreme Court's latest deliberations on when and how the provisions of the UN Convention on the Rights of the Child are directly enforceable in English law.
• Three Years On: Same Question, Different Answer? ‘Is There a Legal Right to Gay Marriage?’
  Articles (24/07/2015)
  Andrew Commins, barrister of St John's Chambers, considers the ECtHR judgment in Oliari v Italy and its wider implications.
• Time for a Regulated Process for Surrogate Parents?
  Articles (12/05/2015)
  Natalie Gamble, solicitor, of Natalie Gamble Associates and Elizabeth Isaacs QC of St Ives Chambers consider the significance of H v S (Surrogacy Agreement) in which Ms Justice Russell awarded care of a surrogate child to a gay couple.
• Tipstaff Orders
  News (26/08/2015)
  Sarah Jennings, barrister of 3PB Chambers, examines the purpose of and procedure for obtaining tipstaff orders.
• Transfers of Proceedings under Article 15 Brussels II Revised in a Public Law Context
  Articles (27/03/2015)
  Oliver Jones, barrister of 4 Paper Buildings, and Maria Wright, solicitor of Freemans, analyse a series of recent judgments in which the English courts have considered whether public law children proceedings should be in this jurisdiction or abroad.
• Varying a Foreign Maintenance Order Post the Maintenance Regulation
  Articles (17/03/2015)
  James Roberts, barrister of 1 King’s Bench Walk, and Catherine Silwal , Senior Solicitor with KJ Smith Solicitors, analyse the law relating to variation of foreign maintenance orders and the effect of the EU Maintenance Regulation (Council Regulation (EC) No 4/2009).