Archives: Family

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Procedure – expert evidence; Daniels v Walker application

February 2024 | Family

Three weeks before the final hearing in a financial remedies case, W made a Daniels v Walker application to adduce additional expert evidence. Such applications are governed by r25.4 FPR 2010 which states: ‘… (2) A person may not without the permission of the court put expert evidence (in any form) before the court. (3) …

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Procedure – transparency pilot

February 2024 | Family

Practitioners should note further developments in the rollout of the Transparency Reporting Pilot which began a year ago (January 2023), as follows: It is now the default position that accredited members of the media can report on certain Family Court proceedings. Judges in these courts make a Transparency Order setting out the rules of what …

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Financial remedies – nuptial agreements

February 2024 | Family

The seminal SC ruling in Radmacher remains the measuring stick for family judges considering challenges to nuptial agreements. In this article, family remedies expert Andrew Newbury comments on the latest developments in the world of nuptial agreements. He notes the Radmacher principle that ‘it must be assumed that the parties will be held to the …

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Financial remedies – pre-marital accrual; post-separation endeavour

February 2024 | Family

This case illustrates how the courts reach a fair outcome where issues of pre-marital accrual of wealth and post-separation endeavour are at play. The parties married in 2005 and they had three children. The marriage began to break down by 2019. At the date of the marriage H was already wealthy by virtue of a …

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Financial remedies – conduct

February 2024 | Family

Lower-value financial remedies cases don’t tend to get a mention here unless there are unusual factors at play. A recent case demanded a ‘radical departure’ from equality in favour of W in view of H’s prolific spending on another woman. The parties were married for 23 years and the family home was the main asset. …

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Practice – suicide

February 2024 | Family

As a family lawyer, would you know what steps to take if a client indicates any thoughts of suicide or a risk of harm? The Family Justice Council Working Group has released an important publication, Death by Suicide within Family Proceedings: Awareness and support, with information for professionals working in the court system. The FJC …

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Children – local authorities and duty of care

February 2024 | Family

There is no assumption of responsibility by an LA and, consequently, no duty of care to protect a child from abuse in their home environment, the SC ruled in two appeals heard together. The Children Act 1989 imposes several duties on LAs – as does s11(2) Children Act 2024, including the duty to make arrangements …

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Procedure – Lugano Convention

February 2024 | Family

On a Brexit-related procedural note, the rights and remedies, etc derived from the 2007 Lugano Convention are continuing in some circumstances, with the introduction at the end of 2023 of The Civil Jurisdiction and Judgments (Saving Provision) Regulations 2023. Under the Convention, orders made in one signatory country must be recognised and enforced in another …

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Children Act – environmental factors

February 2024 | Family

The environment is an issue we can no longer avoid in the ‘real world’, but we don’t commonly come across it in the context of family and children law. In this article, the author considers whether environmental factors could be a relevant consideration for the purposes of the Children Act 1989. Acland Bryant concludes that …

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Procedure – case management; private proceedings

February 2024 | Family

Practitioners will welcome guidance from Lieven J on appropriate case management practices in private law disputes. M had applied for various orders, including an order that a s91(14) order be made. F was unrepresented and in prison. The facts of the case led Lieven J to set out important lessons on appropriate case management in …

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