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 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”
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 …
Continue reading “LIPs – right to lay advocate”
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 …
Continue reading “Procedure – AI in court”
This is an important but unusual case raising a novel point of legislative interpretation which appears not to have previously arisen, but with potentially significant consequence for families. Under ss37(1) CA 1989: ‘Where, in any family proceedings in which a question arises with respect to the welfare of any child, it appears to the court …
Continue reading “Procedure – interim orders; non-subject children”
M successfully appealed a decision dismissing her application for the return of the parties’ younger daughter G (14) from the US. G and F travelled to the US in August 2024 as permitted by a consent order which allowed F to permanently relocate to the US with both the parties’ daughters. In the event, the …
Continue reading “Return Orders – habitual residence”
A Hadkinson order prevents a party from continuing in litigation until they have complied with its terms. Unlike an unless order, no application for relief from sanctions would have to be made upon satisfaction of an LSPO. In this case, a financial remedies ruling in November 2023 turned out to be just another step in …
Continue reading “Financial remedies – Hadkinson orders”
This case is one of the highest value FR cases involving business valuations to reach trial. The parties embarked on married life with virtually no assets. By the time of separation around 30 years later, they had accumulated assets of more than £260m – mostly business assets. H had started a software business in 1999 …
Continue reading “Financial remedies – high-value business assets; Wells sharing”
A lease of a luxury property intended to reduce H’s financial liability to W was a sham and overturned by the court. Under s37 MCA 1973 a party is prevented from entering into a transaction with the intention to reduce or prevent financial relief. The court can set aside a ‘reviewable’ disposition that breaches the …
Continue reading “Conduct – sham lease to avoid financial order”