The ‘matrimonialisation’ of a party’s asset is a relatively new concept formulated by the courts with the aim of ensuring a fair division on divorce. In this high-value FR case, W unsuccessfully claimed part of a very significant inheritance. The parties married in 2012 after ten years together (except for a separation of a few …
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T died in 2022 leaving no surviving spouse or children. Unfortunately, her will dated October 2014 was badly drafted and ambiguous and the PR brought a Part 8 claim for clarification. Under separate proceedings, attempts were being made to remove the executor in favour of the substitute executor named in the will. The judge Cadwallader …
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Companies House has issued guidance regarding the new identity verification process. Anyone setting up, running, owning or controlling a company in the UK will need to verify their identity to prove they are who they claim to be. Companies House states: ‘Why you need to verify your identity Identity verification is a new legal requirement. …
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International surrogacy is increasingly popular. In recent editions we’ve covered two or three cases arising out of insufficient consideration being given to the legal implications of embarking on international surrogacy arrangements. Another decision has been handed down, in a case the judge called ‘troubling’ – illustrating once again the pitfalls that surrogacy clients can get …
Continue reading “International surrogacy – parental orders”
The latest version of the LSAG guidance has been issued, published on 23 April 2025. It is required reading for all MLROs, firm leaders and anyone involved with AML issues or responsibilities. There is a useful schedule of 2025 amendments and updates starting on page 221 of the LSAG guidance. Notable changes include: ‘Para 4.7 …
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The judge was not prepared to say a foreign judgment should not be recognised on grounds it was fraudulently obtained. ‘There are too many imponderables at play, notwithstanding my suspicions,’ the Recorder stated. This case involved hidden assets and complications arising out of foreign litigation. The parties married in 1999 and have three children. They …
Continue reading “Non-disclosure – cross-border”
We have referred to the updated LSAG guidance, but an amendment to para 6.17.2.1 (source of funds) is of particular relevance to conveyancing practitioners and adds: ‘In circumstances where it becomes known that a third party is to contribute to funds for a transaction, you should consider also seeking to understand and obtain evidence relating …
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F was not entitled in the circumstances to a lay advocate under the Art 6 right to a fair trial. To argue otherwise, Lieven J stated, ‘… suggested such a fundamental misunderstanding of Article 6 that I decided it would be useful to give a judgment on the extent to which Article 6 entitles parties …
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HMLR has been swift to update section 2.1 of PG40 (HMLR plans, supplement 4, boundary agreements and determined boundaries) following a recent CA case (reported in ‘land’ below). Section 2.1 now reads: ‘2.1 How boundary agreements work There is a rebuttable presumption that a boundary agreement does not involve the transfer of any land, and …
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Practitioners will be interested to know that judicial guidance on the use of AI in court proceedings has been updated. It makes clear that it is for judges to advise litigants that they are responsible for AI-generated information presented in court, just as they are for any other types of evidence. The Courts and Tribunal …
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