Home > Articles > 2019 archive

Articles 2019

• Financial Remedy & Divorce Update, December 2019
  Articles (30/12/2019)
  Naomi Shelton, Associate, Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during November 2019.
• One act, two regimes: why?
  Articles (17/12/2019)
  On the thirtieth anniversary of the Children Act, Anarkali Musgrave of Coram Chambers considers the differences of application in public law and private law.
• Hawala: why it is used and what family practitioners should know about it
  Articles (20/11/2019)
  Byron James, Partner and Head of Expatriate Law in Dubai, explains the challenges presented to family lawyers by anthe effective method of anonymous international money transfer system used around the world.; why and what family practitioners should know about it
• Financial Remedy Update, November 2019
  Articles (07/11/2019)
  Sue Brookes, Principal Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during October 2019.
• When One Parent Kills Another – how should the family court approach this?
  Articles (21/10/2019)
  Care proceedings where one parent has killed the other are particularly tragic for the children involved. This article considers some of the issues that arise in these cases and explores some of the case law when dealing with the death of one parent killed by the other.
• Children: Private Law Update (Autumn 2019)
  Articles (13/10/2019)
  Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.
• Financial Remedy & Divorce Update, October 2019
  Articles (10/10/2019)
  Naomi Shelton, Associate, Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during September 2019.
• Surrogacy: BBC Radio 4’s ‘The Archers’ storyline highlights legal issues for parents
  Articles (03/10/2019)
  Rachel Cooper, barrister, Coram Chambers, discusses current UK surrogacy legislation in relation to modern reproductive practices.
• NRPF: The crisis facing the children of migrants
  Articles (11/09/2019)
  Cameron Boyle, political correspondent for the Immigration Advice Service, explains the impact on the children of migrants of having no recourse to public funds and encountering problems with local authorities’ application of Children Act 1989, section 17.
• Financial Remedy Update, September 2019
  Articles (06/09/2019)
  Rose-Marie Drury, Principal Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during August 2019.
• Moher v Moher: Non-disclosure leads to closure
  Articles (28/08/2019)
  Alexandra Goldrein, a solicitor with Irwin Mitchell, considers a recent Court of Appeal judgment concerning non-disclosure and the award of spousal maintenance to a wife pending the husband’s grant of a Jewish divorce.
• Surrogacy and HFEA update: Summer 2019 – Part 2
  Articles (13/08/2019)
  Andrew Powell, barrister of 4 Paper Buildings, considers recent policy developments relating to surrogacy.
• Surrogacy and HFEA update: Summer 2019 – Part 1
  Articles (13/08/2019)
  Andrew Powell, barrister of 4 Paper Buildings, considers recent cases relating to surrogacy and HFEA.
• Financial Remedy & Divorce Update, August 2019
  Editorial (09/08/2019)
  Naomi Shelton, Associate, Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during July 2019.
• Using social media to disrupt a family law narrative
  Articles (02/08/2019)
  Byron James, barrister, Expatriate Law (United Arab Emirates) examines a Norwich Pharmacal order and its potential application within family law cases.
• Children: Public Law Update (Summer 2019)
  Articles (31/07/2019)
  John Tughan QC of 4 Paper Buildings reviews recent important Children Public Law cases.
• The Pension Advisory Group’s final report: reviewing a paradigm shift in pensions practice
  Articles (28/07/2019)
  Matthew Richardson, barrister of Coram Chambers, offers an introduction and overview of a report set to change the future of financial remedies practice significantly.
• Section 9(6B) of the Children Act 1989 – what is its purpose?
  Articles (26/07/2019)
  Sophie Crampton, barrister of 4 Brick Court, considers what purpose the provision might serve in determining care proceedings.
• Special Guardianship Orders and Overseas Placements
  Articles (19/07/2019)
  Maria Wright, PhD Candidate at the University of Bristol, and solicitor, highlights some of the challenges associated with placing children under SGOs overseas and asks whether such placements warrant a distinct form of legal framework tailored to meet their specific needs.
• Costs Orders and Experts
  Articles (11/07/2019)
  Nisha Bambhra, barrister at Garden Court Chambers, considers the implications for expert witnesses who fail to comply with court orders.
• Financial Remedy & Divorce Update, July 2019
  Articles (04/07/2019)
  Sue Brookes, Principal Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during June 2019.
• Financial Remedy & Divorce Update, June 2019
  Articles (20/06/2019)
  Naomi Shelton, Associate, Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during May 2019.
• Lessons to be learned from Re: L [2019] EWHC 867 (Fam)
  Articles (06/06/2019)
  Anarkali Musgrave, barrister with Coram Chambers, looks at Re: L, a case involving an application by the father for change of residence of a child, in which the Guardian chose not to seek the child's wishes and feelings.
• Mediation post-LASPO
  Articles (30/05/2019)
  Philippa Hemery, mediator at One Pump Court Chambers, tracks the recent history of family mediation take-up and looks at what might be done to increase access to mediation.
• When Parental Alienation Crosses into the Criminal Jurisdiction
  Articles (23/05/2019)
  June Venters QC, of Venters Solicitors and Lamb Building, discusses the implications when issues of parental alienation arise in criminal proceedings.
• Financial Remedy & Divorce Update, May 2019
  Articles (14/05/2019)
  Rose-Marie Drury, Senior Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during April 2019.
• Financial Remedy Update, April 2019
  Articles (04/04/2019)
  Naomi Shelton, Associate, Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during March 2019.
• Private Lives and Public Sorrows
  Articles (30/04/2019)
  Hazel Wright, Partner with Hunters Solicitors, highlights three cases which have emphasised the usefulness to family lawyers of the Human Rights Act
• We trust PDF files too much – and why we shouldn’t
  Articles (29/04/2019)
  Byron James, Partner with Expatriate Law, explains why, when examining PDFs adduced as evidence, one should not always believe what one sees.
• RE B (A Child) (Post-Adoption Contact) [2019] EWCA Civ 29: What is the Future for Post-Adoption Contact?
  Articles (18/04/2019)
  The issue of post-adoption contact was recently considered by the Court of Appeal in Re B (A Child) (Post-Adoption Contact) [2019] EWCA Civ 29. This article, written by the solicitor and junior counsel for the appellants, considers the backdrop against which this appeal was made and where this judgment leaves the issue of post-adoption contact.
• Children: Public Law Update (Spring 2019)
  Articles (02/04/2019)
  John Tughan QC of 4 Paper Buildings reviews recent, important Children Public Law cases.
• The Inheritance Act and Adult Child Claimants – recent guidance from the Chancery Division
  Articles (29/03/2019)
  Gwyn Evans, barrister of Tanfield Chambers, explains the court’s judgment in a recent Inheritance Act case involving an estranged adult claimant, reliant on state benefits, and defendants for whom inheritance was a windfall.
• Return to a ‘third state’: S (A Child) (Hague Convention 1980: Return to Third State)
  Articles (20/03/2019)
  Pam Sanghera of Charles Strachan Solicitors represented the appellant mother in the successful appeal of an order requiring the summary return of a child “A” to a state which was not the child’s previous habitual residence, ie to a third state. In this article she explains the reasoning by which the Court of Appeal determined that the order could not stand because it was effectively a relocation order made without undertaking any welfare exercise, which in itself is not within the framework of the 1980 Hague Convention.
• Children Private Law Update – March 2019
  Articles (14/03/2019)
  Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.
• Finance & Divorce Update March 2019
  Articles (08/03/2019)
  Sue Brookes, Principal Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during February 2019.
• Re Q (Child: Interim Care Order: Jurisdiction) [2019] EWHC 512 (Fam): The limits of orders under section 38 Children Act 1989
  Articles (08/03/2019)
  Chris Barnes, barrister, 4pb, and Mitali Zakaria, partner at ITN Solicitors, consider the case of Re Q (Child: Interim Care Order: Jurisdiction) [2019] EWHC 512 (Fam) where the Court was invited to interpret the scope of the jurisdiction to make interim orders under section 38 of the Children Act 1989. (The authors acted for Q’s father.)
• Surrogacy and HFEA update: February 2019
  Articles (01/03/2019)
  Andrew Powell, barrister, 4 Paper Buildings, considers recent developments relating to surrogacy law, including new guidance, as well as recent cases.
• Financial Remedy and Divorce Update, February 2019
  Articles (13/02/2019)
  Sarah Hunter, Senior Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during January 2019.
• BC v BG - Cementing the future of arbitration
  Articles (08/02/2019)
  Julie Stather, barrister, Crown Office Row, Brighton considers the role of arbitration and what the future holds for the scheme.
• The Domestic Abuse Bill: a long-awaited overhaul or flawed legislation with an implementation problem?
  Articles (07/02/2019)
  Hannah Gomersall, barrister at Coram Chambers, explores the proposed reforms set out in the government’s Domestic Abuse Bill: its scope, workability and whether the Family Court will be able to cope with the ensuing workload.
• Challenging Interim Threshold
  Articles (30/01/2019)
  Anna McKenna QC, 1 King’s Bench Walk, Emily Boardman, partner, Boardman, Hawkins & Osborne LLP and Anna Sutcliffe, barrister, 1 King’s Bench Walk consider the circumstances when it may be appropriate to challenge interim threshold findings in an alleged NAI case without waiting for evidence from a single joint expert.
• Important Lessons to be Learned from BT and GT (Children: Twins - Adoption) [2018] EWFC 76
  Articles (24/01/2019)
  David Bedingfield, barrister at 4 Paper Buildings analyses the judgment of Keehan J in BT and GT (Children: Twins—Adoption) [2018] EWFC 76 and highlights the lessons to be learned for all child care professionals and lawyers.
• International Forum on Online Courts London, December 2018: an international family lawyer’s perspective
  Articles (16/01/2019)
  Professor David Hodson OBE MICArb, Partner, The International Family Law Group, provides a family lawyer’s perspective of the matters arising at the inaugural International Forum on Online Courts.
• The Thwaite Jurisdiction – No Longer the Last Reserve of the Desperate?
  Articles (16/01/2019)
  Joseph Rainer, barrister, Queen Elizabeth Building examines the use of the Thwaite jurisdiction in relation to the court’s power to revisit financial remedy orders by analysing the relevant case law and using some fictitious practical case studies.
• Financial Remedy & Divorce Update, January 2019
  Articles (11/01/2019)
  Rose-Marie Drury, Senior Associate, and Sue Brookes, Principal Associate, Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during December 2018.
• Financial Remedy & Divorce Update, December 2018
  Articles (06/01/2019)
  Naomi Shelton, Associate, Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce which arose late last year (the other news and key judgments will be covered in a separate update).