Ilott v Mitson: A storm in a Teacup?

With Ilott due to be heard in the Supreme Court on 12th December 2016, Nicola Phillipson considers the impact the case has had upon claims under the Inheritance (Provision for Family and Dependants) Act 1975 and wonders whether the importance of the various decisions has in fact been overblown?

Full article: Zenith Chambers

Family: financial needs on divorce

In  June the Family Justice Council published Guidance on ‘Financial Needs’ on Divorce. It has been disseminated among judges and is essential reading for all practitioners undertaking financial remedy work.

Full article: Law Society Gazette

Negotiating in the Shadow of the Court: Mediation in parallel with litigation

Madeleine Reardon, barrister of 1 King's Bench Walk, considers the role of mediation in the course of family proceedings, practical issues arising therefrom and, in particular, confidentiality of the mediation process.

Full article: Family Law Week

Court of Protection Update (October 2016): Part 1

In the first part of their Court of Protection Update, Sally Bradley and Julia Townend, barristers of 4 Paper Buildings, focus on recent important judgments concerning deprivation of liberty and capacity.

Full article: Family Law Week

High Court recognises foreign adoption from Nepal

The High Court recently handed down judgment formally recognising the status of an adoption that took place in 2008 in Nepal.

Full article: Family Law

Speech by Lord Justice McFarlane – ‘Nothing Else Will Do’

FLBA National Conference – Keynote Address by Lord Justice McFarlane, 22 October 2016.

Full speech: Courts and Tribunals Judiciary (PDF)

Pension offsetting – is a consistent approach possible or even appropriate?

This paper examines the position of the courts, pension experts and lawyers in terms of their valuation of pensions for offsetting in Financial Remedy Proceedings.

Full article: Family Law

Finance and Divorce Update October 2016

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 2016.

Full story: Family Law Week

Bristol court hosts ‘Mothers in recurrent care proceedings: how do we break the cycle?’

On 20 October, the Bristol Civil and Family Justice Centre hosted another informative evening event open to the public. This time the focus was on ‘Mothers in recurrent care proceedings: how do we break the cycle?’

Full article: Family Law

Does a McKenzie Friend have many real friends in the legal profession?

With government statistics confirming that in 34% of private law disputes neither party has the benefit of legal representation from either a barrister or a solicitor it is perhaps of no surprise that more litigants are relying on a McKenzie Friend.

Full article: Family Law

Family Court reform: thinking outside the witness box

Natasha Phillips suggests a solution to the system’s woes.

Full article: Family Law

Child Abduction: the Article 13(b) defence and protective measures

Lauren Bovington, paralegal, International Family Law Group LLP, analyses a recent important Court of Appeal judgment concerning the Article 13(b) defence in 1980 Hague Convention proceedings.

Full article: Family Law Week

Child Abduction: the Court of Appeal on the Article 13(b) defence

On Tuesday 9August 2016 the Court of Appeal (comprised of Macur LJ, Beatson LJ and Sales LJ) handed down judgment in the case of Re M (Children) [2016] EWCA Civ 942.

Full article: International Family Law Group LLP

The European family in crisis: the consequences of Brexit on English family law

Nicholas Bennett looks at the impact the EU has on English family law, and how this will change once the UK has left the Union.

Full article: Family Law

Closed material procedures and family proceedings

In X, Y and Z (Disclosure to the Security Service) McDonald J considered briefly at the end of his judgment the possibility of a third party seeking confidential information in children proceedings by a closed material procedure.

Full article: Family Law

A matter of life or death

The Oxford Shrieval Lecture, given by Mr Justice Baker on 11 October 2016.

Full speech: Courts and Tribunals Judiciary (PDF)

Pensions and insolvency: Horton v Henry [2016] EWCA Civ 989

Until the decision of the Court of Appeal in Horton v Henry [2016] EWCA Civ 989, there was a tension between the decided cases as to whether a bankrupt’s present entitlement to compel payment of benefits fell within the ‘income of the bankrupt’.

Full article: Family Law

Decoding settlement discussions for clients

Throughout financial negotiations everyone is aiming for the same thing: a final settlement that comprehensively deals with all the financial arrangements to be made on the divorce.

Full article: Family Law

Children: Private Law Update (October 2016)

Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.

Full article: Family Law Week

When will the bubble burst for matrimonial claims?

A recent case in the High Court in England has attracted the attention of family lawyers throughout the UK. Christina Estrada has asked the court for £196m from her ex-husband as an estimation, not of a share of matrimonial property, but of her needs.

Full article: Family Law

Oral agreements and interests in land: a walk in the park!

Can you give away an interest in land in the course of a discussion?

Full article: Family Law

Disclosure and confidentiality: a tale of two cases

In the cross-currents of the common law principles of disclosure and confidentiality two cases, over the past month, stand out, says David Burrows.

Full article: Family Law

Surrogacy Law Update – October 2016

Andrew Powell, barrister, 4 Paper Buildings, reviews the latest important judgments concerning surrogacy law.

Full article: Family Law Week