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Procedure – coronavirus

The author raises an urgent issue for family lawyers: how should they take the coronavirus into account in the work they undertake for their clients, particularly international clients or those with assets abroad?
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Procedure – Financial Remedies Courts

The author describes the recently published Financial Remedies Courts Good Practice Protocol as essential reading for family practitioners; it sets out important best practice principles in relation to the FRC.
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Adoption – opposition

The parents and the children’s guardian successfully appealed a refusal to grant leave to oppose the making of an adoption order.
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Adoption – notification

The disclosure of the existence of the children or further enquiries about potential family care had been appropriate. This was the CA’s conclusion in three conjoined appeals.
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Separation agreement – costs

It was not for W to bankroll litigation unreasonably conducted by H, even though she was worth some £59m. H was a struggling artist.
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Disclosure – religious duty of confidentiality

A witness summons against two religious elders was to be upheld and disclosure ordered, the Family Court has held.
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Child maintenance – Hadkinson order

W applied for a Hadkinson order barring her former husband (H) from continuing with his appeal in FLA proceedings unless he paid what he owed in child maintenance payments. Cohen J described the background as ‘some of the least attractive and commercially suicidal litigation that I have seen for a long while’.
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Marriage – formalities; Islamic ceremonies

An Islamic ‘marriage’ was a non-marriage and invalid, the CA decided. It meant the ‘wife’ could not make a financial claim. Furthermore, there was no ceremony for which a decree of nullity could be granted.
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Fact finding – procedural irregularities

The judge had permitted serious procedural irregularities in a hearing in relation to complaints of domestic abuse and sexual assault. His approach to fact-finding was so flawed as to lead to the conclusion that it was unsafe and wrong.
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Children – separation

The decision to authorise the separation of a mother and baby (C) was wrong; it was not a necessary and proportionate response to the situation that had arisen.
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Most-read articles

Capacity – wills; disclosure
Monday, 09 March 2020
The Society’s guidance, Access and disclosure of an incapacitated person’s will, gives important clarification around the circumstances in which a solicitor can disclose a copy of a client’s... Read more...
Source of funds – Law Society guidance
Monday, 09 March 2020
We mentioned above the new Law Society practice note on signs of money laundering. A constant refrain for conveyancers – but one which should be heard more widely – is the importance for firms of... Read more...
MIB injury on private land – update
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We reported in our July/August 2019 edition (p31) on the case in which the CA held that MIB was liable to pay compensation to someone injured in a car accident on private land. The injured party was... Read more...
Provisional damages – underused?
Monday, 09 March 2020
An interesting article reminds PI practitioners of the underused solution of provisional damages, which are provided for in s32A of the Senior Courts Act 1981. In PI and clinical negligence cases,... Read more...
Tate peeping – CA decision
Monday, 09 March 2020
We reported in our March 2019 edition (p24) on the case brought by the owners of luxury flats adjacent to the Tate Gallery. They applied for an injunction to prevent members of the public from... Read more...
RICS – code for leasing business premises
Monday, 09 March 2020
The RICS has launched the first edition of its Code for Leasing Business Premises which comes into force on 1 September 2020. It will replace the voluntary Code for Leasing Business Premises in... Read more...
Boundary disputes – the essentials
Monday, 09 March 2020
Boundary disputes can mean different things to different practitioners – conveyancers will hate them and seek to avoid at all costs; property litigators will no doubt take a different view! An... Read more...
Procedure – coronavirus
Monday, 09 March 2020
The author raises an urgent issue for family lawyers: how should they take the coronavirus into account in the work they undertake for their clients, particularly international clients or those with... Read more...
Parental bereavement – in force?
Monday, 09 March 2020
The Parental Bereavement (Leave and Pay) Act 2018 should come into force in April 2020. Regulations as to the detailed operation of the Act are awaited but the government’s consultation response... Read more...
Sentencing – judge’s remarks
Monday, 09 March 2020
The appellants were convicted of a money laundering offence under s328 POCA following a sophisticated, multimillion-pound, cross-border money laundering operation. S was sentenced to eight years in... Read more...

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