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Articles

The list below is of the articles published on the site this year. Click the folders on the left hand side to browse the archive of articles now available on the site since we started publishing in 2005.

• Money for Nothing? Crypto-assets and their Implications in Matrimonial and Private Client Work
  Articles (03/03/2021)
  Helen Brander, barrister of Pump Court Chambers, considers the current treatment by the courts and taxation authorities of crypto-assets
• The Covid-19 Pandemic as a Barder Event
  Articles (25/02/2021)
  Richard Kershaw, partner at Hunters Law LLP, considers the implications of Mr Justice Cohen’s judgment in FRB v DRC (No 3)
• Financial Remedy Update – February 2021
  Articles (11/02/2021)
  Rose-Marie Drury, Principal Associate, Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during January 2021.
• Practice Direction 12J & Scott Schedules – Rearranging a spider’s web
  Articles (03/02/2021)
  Jeremy Ford, Partner at Cambridge Family Law Practice LLP, calls for clarity in the court’s attitude to Scott Schedules when considering what is relevant to its welfare determination
• Notification of Fathers and Wider Family Members in Relinquishment Cases: A Recap
  Articles (27/01/2021)
  Olivia Kirkbride, a pupil barrister at Coram Chambers, considers two recent, contrasting cases in which mothers sought to relinquish newly born children without notifying the fathers and family members.
• Breaching Legal Advice Privilege
  Articles (14/01/2021)
  Henry Clayton, barrister of 4PB, considers the circumstances in which documents which purport to be privileged are, in fact, admissible.
• Avoiding the Pitfalls of Remote / Hybrid Hearings: My Ten Top Tips
  Articles (05/01/2021)
  Gabrielle Jan Posner, Barrister and Recorder, Trinity Chambers Chelmsford, offers a few hard earned pointers to improve the remote hearing experience.
• Financial Remedy Update, January 2021
  Articles (21/01/2021)
  Naomi Shelton, Associate, Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during December 2020.
• Bell v Tavistock and the Implications for Trans Children
  Articles (22/12/2020)
  Dr Bianca Jackson of Coram Chambers considers the recent decision of Bell v Tavistock
• Surrogacy and HFEA Update: December 2020 (Part 2)
  Articles (17/12/2020)
  In the second part of his surrogacy and HFEA update, Andrew Powell of 4PB analyses recent important judgments from Scotland and Northern Ireland.
• Unnecessary Private Law Applications – a warning shot from the judiciary
  Articles (16/12/2020)
  Marie Crawford, barrister of Becket Chambers, reflects on a recent children law judgment and its implications for parties and practitioners.
• Financial Remedy Update, December 2020
  Articles (10/12/2020)
  Sue Brookes Principal Associate, Family Lawyer, Collaborative Lawyer and Mediator for Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during November 2020.
• Surrogacy and HFEA Update: December 2020 (Part 1)
  Articles (10/12/2020)
  In the first part of his surrogacy and HFEA update, Andrew Powell of 4PB analyses some important recent judgments within the England and Wales jurisdiction.
• Children: Private Law Update December 2020
  Articles (08/12/2020)
  Alex Verdan QC of 4PB analyses some recent important judgments in private children law.
• Divorce in Later Life
  Articles (02/12/2020)
  Karin Walker, Founder of KGW Family Law, explains the issues of specific concern for family lawyers acting for ‘silver splitters’
• Extensions to the Anti-Money Laundering Compliance Regime
  Articles (24/11/2020)
  Matthew Moore, director of Infolegal, advises family lawyers of their obligations under anti-moneylaundering regulations following changes wording of what constitutes taxation advice.
• Brexit and family law: do you need to act before 31 December?
  Articles (19/11/2020)
  Jay Patel, Partner and Polly Atkins, Associate, both of Hunters, highlight the circumstances in which action may need to be taken before the end of the year to protect a client’s interests.
• Financial Remedy & Divorce Update, September and October 2020
  Articles (19/11/2020)
  This update covers the months of September and October 2020.
• Children: Public Law Update (October)
  Articles (28/10/2020)
  John Tughan QC of 4PB considers the latest judgments that Public law child lawyers need to know about.
• Economic Abuse and Divorce
  Articles (15/10/2020)
  Rebecca Christie, Associate with Hunters, explains the protections available to a divorcing client who has suffered economic abuse from their spouse.
• Falling Out of Love in Hong Kong – a quick guide to divorce and financial provision in the territory
  Judgments (08/10/2020)
  Clare Williams, Professional Support Lawyer, and Lydia Pilati, Associate Solicitor, both at JMW explain the similarities and distinctions between the law of divorce and financial provision between Hong Kong and England and Wales
• Psychological Assessments: a brief guide to choosing a psychological expert
  Articles (23/09/2020)
  Sophie Crampton, barrister of 4 Brick Court, offers guidance on when to instruct a psychologist and how to choose a suitable one for your case.
• Child Support, Coronavirus and Changes in Circumstances
  Articles (18/09/2020)
  Jody Atkinson, barrister of St John’s Chambers, Bristol, explains the options available to parents receiving or paying child support whose financial circumstances may have been badly affected by the recent turmoil.
• Financial Remedy Update, August 2020
  Articles (08/09/2020)
  Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during August 2020.
• Divorce for British expats in Singapore: comparing the approaches to matrimonial and non-matrimonial assets in England and in Singapore
  Articles (12/08/2020)
  Sonny Patel, Partner in the Singapore office of Expatriate Law, explains some fundamental differences between England and Singapore in their respective approaches to the financial matters on divorce.
• Cryptocurrencies and Cryptoassets: Freezing Orders, Disclosure Orders and the Instruction of Experts
  Articles (31/07/2020)
  Andrzej Bojarski of 36 Family and Byron James of Expatriate Law consider some of the areas where the conventional freezing order precedent needs to be adapted to deal with cryptoassets
• Non-molestation orders: Valid Service in the time of Coronavirus (Part 2)
  Articles (27/07/2020)
  Rachel Cooper and Michael Horton from Coram Chambers further consider the service of non-molestation orders in the time of Covid-19.
• Parental Alienation: the enigma of family law
  Articles (24/07/2020)
  Ian McArdle, barrister of Atlantic Chambers, Liverpool, calls for an agreed definition of ‘parental alienation’.
• Financial Remedy Update, July 2020
  Articles (13/07/2020)
  Sue Brookes Principal Associate, Family Lawyer, Collaborative Lawyer and Mediator for Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during July 2020.
• Domicile and the UAE: is it possible for an expatriate to be considered domiciled in the UAE under English law?
  Articles (08/07/2020)
  Byron James, Partner with Expatriate Law, asks a question concerning domicile on which there is no known decision.
• Child Breakdown Service
  Articles (07/07/2020)
  Paul Pavlou, barrister of 4 Brick Court, highlights failings in the system of maintaining the children of separated families in the UK and calls for fundamental change.
• A “major overhaul” of family courts to protect domestic abuse victims… or a re-branding exercise?
  Articles (06/07/2020)
  Hannah Gomersall, barrister, and Srishti Suresh, pupil barrister, both of Coram Chambers, review the government’s proposed changes to the family courts in response to the experiences of domestic abuse victims.
• FRB v DCA: Back to base-ics
  Articles (02/07/2020)
  Thomas Rodwell and Gavin Dallow, chartered accountants and business valuation experts of Rodwell Dallow Advisory, explain different bases of value and the impact they can have on business valuations in the light of Cohen J’s judgment in FRB v DCA [No. 2] [2020] EWHC 754 (Fam)
• Protection of Children who are Seventeen
  Articles (01/07/2020)
  Hazel Samuriwo, In-house Advocate at London Borough of Brent, details the measures available to protect young people over seventeen years of age.
• How Judges Make their Decisions – is witness demeanour a myth?
  Articles (29/06/2020)
  Madeleine Whelan, barrister of Fourteen, considers how much weight judges might give to witnesses’ demeanour when evaluating their evidence in the light of a recent judgment by Mrs Justice Lieven.
• Case Management and COVID-19: A New Road to Consistency?
  Articles (24/06/2020)
  John Jupp, Solicitor, and Lecturer in Law at the University of Sussex, considers whether family judges are making consistent case management decisions during the pandemic.
• Business as Usual? The Impact of COVID-19 on Access to Family Justice in England and Wales
  Articles (23/06/2020)
  John Jupp, Solicitor, and Lecturer in Law at the University of Sussex, examines the impact of the pandemic on the family justice system and the nature and extent of the challenges faced by family law professionals and court users.
• The Road Ahead: Fairness and the Family Courts in the era of Covid-19
  Articles (22/06/2020)
  Alex Hodge, barrister at 3PB, considers the fairness of a judicial system in which hearings are conducted remotely, evidence and submissions are limited and cases are managed robustly.
• The Divorce, Dissolution and Separation Bill: So long, farewell, auf Wiedersehen, nisi
  Articles (17/06/2020)
  Simon Rowbotham, Barrister with 7 Bedford Row, prepares to wave goodbye to some familiar friends.
• Non-molestation orders: Valid Service in the time of Coronavirus
  Articles (16/06/2020)
  Rachel Cooper and Michael Horton from Coram Chambers consider the service of non-molestation orders in the time of Covid-19.
• Separated Parents and Covid-19: Child arrangements in quarantine times
  Articles (10/06/2020)
  Lindsay Yateman and Naomi Lelliott, solicitors with Excello Law, discuss how separated parents can best manage child arrangements under the current lockdown requirements.
• Re E: When the Court is Charged with a Child’s Funeral
  Articles (09/06/2020)
  James Netto, Senior Associate with Dawson Cornwell, considers the latest judgment on parental disputes concerning a child’s burial
• RC v JC and Compensation Claims
  Articles (05/06/2020)
  Richard Kershaw, Partner with Hunters Law LLP, considers Moor J’s departure from the established approach towards compensation for relationship-generated disadvantage in financial remedies claims.
• Children: Public Law Update
  Articles (04/06/2020)
  John Tughan QC of 4 Paper Buildings reviews recent important public law cases concerning children.
• Vaccination: Course Correction Local Authority powers following Re H (A Child) (Parental Responsibility: Vaccination) [2020] EWCA Civ 664
  Articles (27/05/2020)
  Chris Barnes, and Harry Langford, barristers at 4PB, consider the case of Re H (A Child) (Parental Responsibility: Vaccination) [2020] EWCA Civ 664 in which the Court of Appeal has made a significant intervention in the vaccination arena, potentially redefining the scope of local authority powers under section 33 of the Children Act 1989.
• Bristol's Experience of Remote Working in the Family Court
  Articles (26/05/2020)
  Sarah Jennings, barrister of 3PB, with contributions from HHJ Wildblood QC and Sarah Pope, barrister of Albion Chambers, shares the lessons learned from a mock remote hearing in a child protection case.
• A Practical Guide to Remote FDRs: Family Finance
  Articles (17/05/2020)
  Nicola Frost, Tonia Clark and Amy Beddis, Barristers of 3PB, report on a mock remote Financial Dispute Resolution hearing recently presented in Bristol.
• Force Majeure or Reasonable Excuse: Child Arrangements Orders and COVID-19.
  Articles (14/05/2020)
  Sam Watts, pupil barrister at Coram Chambers considers contact arrangements and COVID-19
• Covid-19 takes its toll on divorced and separated couples
  Articles (14/05/2020)
  Alex Carruthers, founding partner at Hughes Fowler Carruthers, considers the impact on couples of the social and economic consequences of the coronavirus emergency.
• Surrogacy and HFEA Update: April 2020
  Articles (06/05/2020)
  Andrew Powell, barrister of 4 Paper Buildings, considers recent cases relating to surrogacy and HFEA.
• Financial Remedy Update May 2020
  Articles (06/05/2020)
  Sue Brookes, Principal Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during April 2019.
• Remote Hearings – A Case Law Update
  Editorial (05/05/2020)
  Danish Ameen, barrister of 18 St John Street Chambers, provides case law analysis highlighting key points for practitioners following the judgments handed down by the Court of Appeal in Re A and Re B.
• Adoption & Children (Coronavirus) Regulations 2020 – a step too far
  Editorial (30/04/2020)
  Madeleine Whelan considers the implications of the Adoption and Children (Coronavirus) (Amendment) Regulations 2020
• Children Arbitration: A Speedy Solution for Contact Disputes during Covid-19 and beyond (including 3-step printable guide)
  Articles (23/04/2020)
  Hassan Khan, MCIArb, Barrister and Children’s Arbitrator at 4PB, explains how arbitration may offer a prompt and appropriate remedy for children disputes between parents.
• Financial Remedies and Moving/ Selling a Property in the COVID pandemic
  Judgments (21/04/2020)
  Maria Scotland, barrister, 5SAH and Rosalind Fitzgerald, associate solicitor, Bindmans consider the issues regarding selling properties and moving home in the current health crisis.
• A word on Covid- 19, the use of arbitration and the Expansion of the Children’s Arbitration Scheme to include Relocation of Children
  Articles (14/04/2020)
  Shiva Ancliffe, Coram Chambers reviews the law in relation to the relocation of children under the expansion of the arbitration scheme.
• COVID 19 Lockdown and Domestic Abuse
  Articles (01/04/2020)
  June Venters QC of Venters Solicitors describes the resources available to assist victims of domestic abuse during the ‘stay at home’ restrictions.
• COVID 19 Lockdown: Mediation between parents who live in separated households
  Articles (30/03/2020)
  Elsbeth Wells FMCA of Venters Solicitors explains the opportunities provided by mediation for parents during the coronavirus lockdown.
• Demystifying Guidance for Separated Parents in the COVID-19 Environment
  Articles (29/03/2020)
  Adrian Barnett-Thoung-Holland of Coram Chambers considers the COVID-19 crisis and its impact for children law practitioners.
• COVID 19 Lockdown: what this means for the separated parent
  Articles (27/03/2020)
  June Venters QC of Venters Solicitors explains the temporary measures introduced in respect of child arrangements during the coronavirus crisis.
• Covid-19/coronavirus and family law: why remote hearings are both feasible and required
  Articles (16/03/2020)
  Byron James considers the potential disruptions of Covid 19 on the Family Court
• Question of Incompatibility - Deprivation of Children’s Liberty Without Court Order?
  Articles (12/03/2020)
  Helen Crowell, Pupil Barrister and Shaun Spencer, Barrister, of St Johns Buildings discuss Deprivation of Liberty and the Children’s Home Regulations 2015
• Financial Remedy Update March 2020
  Articles (09/03/2020)
  Sue Brookes, Principal Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during February 2019.
• Recognition and enforcement of financial remedy orders in Switzerland
  Articles (03/03/2020)
  Roxane Reiser of 1 Hare Court considers the implications of the Akhmedov case for future financial remedy orders in Switzerland.
• Sibling Assessments in Care and Adoption
  Articles (26/02/2020)
  Judith Pepper has delivered presentations with Professor Daniel Monk to the Judicial College on the issue of siblings in care proceedings and adoption
• Financial Remedy Update, February 2020
  Articles (12/02/2020)
  Sarah Hunter, Senior Associate and Eleanor Cawthra, Associate Mills & Reeve LLP consider the important news and case law relating to financial remedies and divorce during February 2020.
• Financial Remedy Update, January 2020
  Articles (20/02/2020)
  Nicola Rowlings of Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during January 2020.
• The Separate Representation of Children: Part 2
  Articles (03/02/2020)
  Shiva Ancliffe reviews the law relating to the determination of whether a child should be separately represented in proceedings
• The Separate Representation of Children: Part 1
  Articles (02/02/2020)
  Shiva Ancliffe reviews the law relating to the determination of whether a child should be separately represented in proceedings
• Unregulated Accommodation
  Articles (24/01/2020)
  Chris MacDonald, Children’s Guardian at CAFCASS, considers the issues arising when a young person is placed in semi-independent accommodation.
• Children: Public Law Update
  Articles (09/01/2020)
  John Tughan QC of 4 Paper Buildings reviews recent important public law cases concerning children.