Thursday, February 23, 2017

Book Review: Dictionary of Financial Remedies, 2017 Edition


Dictionary of Financial Remedies

Hess, Duckworth & Max

£50 - Published by Class Legal: February 2017

I am minded to make this my shortest book review ever, by referring to my previous reviews of the first three editions of Dictionary of Financial Remedies (which incidentally can be found here, here and here), and explaining what is new by simply repeating what is set out in the grey circle on the lower right of the cover of this edition: "Fully updated and new entries on Arbitration, CROs (that is Civil Restraint Orders) and Interest (on debts)".

Tempting though that is, I suppose I should say just a little more, particularly for the benefit of those new to this title.

Firstly, what exactly is the Dictionary of Financial Remedies? Well, it is an A4 paperback (or digital edition, see below) book comprising (in this edition) 99 pages with some 64 entries, in alphabetical order, on various topics relevant to financial remedies, ranging from agreements through such things as compensation and sharing, to variation of settlements. The publishers describe it as " a unique reference guide to the key concepts, cases and practice of financial remedies."

The idea, of course, is to provide a quick aide-memoire for lawyers and others involved in financial remedy cases (although I think the publishers may be being a little over-optimistic when they suggest that it would be of use to litigants in person). It would be particularly handy to carry around, for example on a smartphone (again, see below).

Now, if you are already a convert, then it is obviously essential to stay up to date, and therefore the decision to purchase the latest edition is easy. If you are not a convert, then I would suggest you invest the modest sum of £50 to give Dictionary of Financial Remedies a try. You may just find it becoming an essential addition to your library.

Dictionary of Financial Remedies can be purchased from Class Legal, here. As usual, a digital edition (which can be used on all computers, including tablets and smartphones) is also available via Class Legal's website.

Monday, February 20, 2017

News Essentials: 20th February 2017


A brief summary of the essential family law news and cases from the last week:

NEWS
Prime Minister's plans to transform the way we tackle domestic violence and abuse
Prime Minister Theresa May announced plans for a major programme of work leading towards bringing forward a Domestic Violence and Abuse Act. Full story: Ministry of Justice.

Kirkless council breached parents’ human rights by removing baby
Council ordered to pay £11,250 after removing week-old baby over father’s ‘unorthodox views’ about benefits of formula milk. Full story: The Guardian. See CZ (Human Rights Claim: Costs), below.

Guidance issued on DoLS and intensive care after landmark ruling
The judgment held that “in general” there could be no deprivation of liberty under human rights law when a person is receiving lifesaving treatment. Full story: Community Care.

Government rebuffs latest calls for no-fault divorce
Widespread calls to reform divorce laws appear to be falling on deaf ears after the government confirmed it has no current plans to change existing legislation. Full story: Law Society Gazette.

University professor’s challenge to the validity of his 16 year marriage fails
Court of Appeal applies ‘presumption of marriage’ to Syrian couple’s relationship. Full story: Family Law Week. See Hayatleh v Mofdy, below.

Woman seeks to end 39-year marriage in Valentine's Day court appeal
Tini Owens is appealing against judge’s ‘extraordinarily unusual’ refusal to grant her a divorce last year. Full story: The Guardian.

Divorcees don't need to afford lifestyle they were accustomed to in marriage, Court of Appeal judge says as he rules against ex-wife
Divorcees do not need to be able to afford the lifestyle they were accustomed to in marriage, a Court of Appeal judge has suggested as he rejected an ex-wife’s bid to increase her settlement. Full story: The Telegraph.

Divorced parents who pit children against former partners 'guilty of abuse'
Divorced parents who "brainwash" their children against ex-partners are guilty of “abuse”, the head of the agency that looks after youngsters' interests in family courts has said. Full story: The Telegraph.

CASES

D v D [2016] EWHC 3546 (Fam) (15 December 2016)
Application under the inherent jurisdiction by the father for the return to Northern Cyprus of his son. Full report: Bailii.

K and D (Wardship Without Notice Return Order) [2017] EWHC 153 (Fam) (02 February 2017)
Application by local authority seeking permission to invoke the inherent jurisdiction and, thereafter, orders in wardship in respect of two children, including orders for their summary return to the jurisdiction from Cyprus. Full report: Bailii

CZ (Human Rights Claim: Costs) [2017] EWFC 11 (16 February 2017)
Claim for damages by parents and child in relation to an interim care order obtained by the local authority. Full report: Bailii.

Hayatleh v Mofdy [2017] EWCA Civ 70 (14 February 2017)
Appeal against a decision where a marriage in Syria was found to be valid and therefore open to divorce proceedings in the UK. Full report: Family Law Week.

Martins, Re [2016] EWCOP 45 (10 June 2016)
Court of Protection proceedings concerning 81 year old man with dementia, who was currently living in Portugal. Full report: Bailii.

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For more news, see here.

For more cases, see here.

To subscribe to the Family Lore Focus free weekly Newsletter (which includes links to all of the week's top family law news stories, cases, articles and blog posts), go here.

Friday, February 17, 2017

Monday, February 13, 2017

News Essentials: 13th February 2017


A brief summary of the essential family law news and cases from the last week:

NEWS
Munby to step down next year
The most senior family judge in England and Wales, renowned among practitioners for his outspoken views, is to step down next year. Full story: Law Society Gazette.

Cafcass private law demand
In January 2017, Cafcass received a total of 3,356 new private law cases. This is a 17% increase on January 2016 levels. Full story: Cafcass.

Care applications in January 2017
In January 2017, Cafcass received a total of 1,119 care applications. This figure represents a 7% increase compared with those received in January 2016. Full story: Cafcass.

Cohabiting partner wins pension fight in Supreme Court
Nomination requirement added nothing to evidential hurdle concerning cohabiting relationship. Full story: Family Law Week.

Court orders man to increase payments to wife who lost bulk of divorce settlement with 'poor financial decisions'
A wife who lost the bulk of her divorce settlement by making "poor financial decisions" has been awarded larger monthly payments from her ex-husband despite calls from his lawyer for maintenance limits to reflect "social change". Full story: The Telegraph.

Health Secretary urged to end GPs’ charging for legal aid ‘domestic violence’ letters
Guardian reports call from 16 police and crime commissioners. Full story: Family Law Week.

CASES
X (A Child), Re [2017] EWHC 158 (Fam) (27 January 2017)
Application by father for a without notice location order and disclosure of information order, in case where the mother had removed the child from Scotland to England. Full report: Bailii.

EE & ME (Children) (Habitual Residence) [2016] EWHC 3363 (Fam) (20 December 2016)
Judgment considering issue of whether the court has jurisdiction to hear an application by a father in respect of two children who were removed to Latvia by the mother. Full report: Bailii.

Norman v Norman [2017] EWCA Civ 49 (08 February 2017)
Application by wife for extension of anonymity order in relation to financial remedy proceedings. Application dismissed. Full report: Bailii.

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For more news, see here.

For more cases, see here.

To subscribe to the Family Lore Focus free weekly Newsletter (which includes links to all of the week's top family law news stories, cases, articles and blog posts), go here.

Friday, February 10, 2017

From everyone’s favourite family law blogger...


...or maybe not. Whatever, my posts this week on Marilyn Stowe’s Family Law & Divorce Blog included the following:

Yes, the welfare of the child is still paramount - Contrary to what some may believe (they also believe I am everyone's favourite family law blogger). Looking at the proposed amendments to PD 12J.

Court rules that child should have cataract surgery - In the case Re EQ.

A non-sequitur from Sir Paul Coleridge - Don't laugh, but Sir Paul thinks that Brexit will reverse the decline in marriage.

What exactly is a consent order, and why do I need one? - I try to answer that question.

Have a good weekend.

Monday, February 06, 2017

400th Newsletter!


I have just sent out the 400th edition of the Family Lore Focus Newsletter. For those who don't know, the Newsletter is a free weekly email sent to subscribers and containing links to all the the top family law news stories, cases, legislation, articles and blog posts that were reported on Family Lore Focus that week. The links come from across the web, and are all free to view. In this way, the Newsletter is intended to keep the reader up to date on developments in family law, with the minimum of effort.

You can subscribe to the Newsletter here - all that is required is your name and email address.

News Essentials: 6th February 2017


A brief summary of the essential family law news and cases from the last week:

NEWS
Court of Appeal applies Wyatt v Vince in 'delay' case
Husband’s claim that court had paid insufficient regard to wife's delay rejected. Full post: Family Law Week. See Briers v Briers.

Consent ‘not required’ for section 20 accommodation, judge says
The Court of Appeal has said good practice guidance set out by Sir James Munby should still be followed, but not meeting it doesn't necessarily mean there is an 'actionable wrong'. Full story: Community Care. See London Borough of Hackney v Williams & Anor.

Munby: court did not ‘cave in’ over release of jailed 71-year-old
The senior family judge has insisted the Court of Appeal has not ‘caved in’ at the ‘first sign of obduracy’ following the release of a 71-year-old jailed for contempt. Full story: Law Society Gazette. See MM (A Patient), below.

Court makes landmark ruling on deprivation of liberty and medical care
The judgement was made in the case of a woman with Down's syndrome and learning disabilities, who died in intensive care in 2013. Full story: Community Care. See Ferreira, R (On the Application Of) v HM Senior Coroner for Inner South London.

Court bans children from seeing transgender parent because it is 'incompatible' with their Ultra-Orthodox Jewish faith
A transgender woman has been banned from seeing her five children after a family court ruled it was not compatible with her ex-wife's ultra-orthodox Jewish background. Full story: The Independent. See J v B, below.

CASES
S (A Child), Re [2017] EWCA Civ 44 (02 February 2017)
Appeal by mother against findings of fact made in the context of private law proceedings concerning 8 year old child. Full report: Bailii.

J v B (Ultra-Orthodox Judaism: Transgender) [2017] EWFC 4 (30 January 2017)
Contact application by transgender father of children belonging to Charedi Jewish community. Full report: Bailii.

MM (A Patient) [2017] EWCA Civ 34 (30 January 2017)
Appeal against order requiring appellant to sign documentation to facilitate the return of the patient from Portugal. Full report: Bailii.

*      *      *
For more news, see here.

For more cases, see here.

To subscribe to the Family Lore Focus free weekly Newsletter (which includes links to all of the week's top family law news stories, cases, articles and blog posts), go here.

Friday, February 03, 2017

Monday, January 30, 2017

News Essentials: 30th January 2017


A brief summary of the essential family law news and cases from the last week:

NEWS
Divorce (Financial Provision) Bill receives its second reading
Baroness Deech’s private member’s bill seeks to replace section 25(2) of the MCA 1973. Full story: Family Law Week.

DfE evaluation of the family drug and alcohol court (FDAC) national unit published
National Unit perceived to have had critical role in the set-up of new FDACs. Full story: Family Law Week.

Divorce order set aside after ‘procedurally unfair’ mistakes
The Court of Appeal has overturned remedy orders in a divorce case after finding a string of procedural errors with how the matter was handled. Full story: Law Society Gazette. See Iqbal v Iqbal, below.

Former banker ordered to hand over foreign pension income to ex-wife in landmark divorce ruling
A former banker who blew his fortune on spread-betting was yesterday ordered to hand over income from a foreign pension to his ex-wife, in what lawyers said was a landmark ruling stopping divorcing spouses concealing assets offshore. Full story: The Telegraph. See Goyal v Goyal, below.

Mr Justice Bodey departs from equality on basis of unmatched contributions
Judgment gives wife 37.5% of £36.95 million. Full story: Family Law Week.

Judge criticises local authority practice in 148 week care proceedings
A total of six social workers were involved in the case leading to failures in working with the family. Full story: Community Care.

CASES
London Borough of Hackney v Williams & Anor [2017] EWCA Civ 26 (26 January 2017)
Appeal by local authority against finding of breach of Art 8 rights of parents in care proceedings. Appeal allowed. Full report: Bailii.

X v X (anonymisation) [2016] EWHC 3512 (Fam) (16 December 2016)
Judgment concerns an issue about the anonymisation, or not, of a financial remedy judgment. Full report: Bailii.

Iqbal v Iqbal [2017] EWCA Civ 19 (25 January 2017)
Appeals by husband against various orders made in financial remedy proceedings, including interim periodical payments, judgment summonses and final order. Full report: Bailii.

Briers v Briers [2017] EWCA Civ 15 (25 January 2017)
Appeal by husband against financial remedies order. Appeal dismissed. Full report: Bailii.

DB v PB [2016] EWHC 3431 (Fam) (22 December 2016)
Final hearing of applications for ancillary relief, for provision pursuant to Schedule 1 of the Children Act 1989, and for an order for sale of the former matrimonial home pursuant to section 17 of the Married Women's Property Act 1882. Full report: Bailii.

Bezeliansky v Bezelianskaya [2016] EWCA Civ 76 (24 January 2017)
Applications by husband for permission to appeal against variation of capital provision in consent order and to appeal against three committal orders. Full report: Bailii.

N (Hague Convention: Habitual Residence), Re [2017] EWHC 63 (Fam) (24 January 2017)
Application by mother, seeking return of 3 year old daughter to Canada. Application dismissed. Full report: Bailii.

Goyal v Goyal (No. 3) [2017] EWFC 1 (16 January 2017)
Further judgment in long-running ancillary relief proceedings, dealing with outstanding issues, including the variation of a periodical payments order. Full report: Bailii.

*      *      *
For more news, see here.

For more cases, see here.

To subscribe to the Family Lore Focus free weekly Newsletter (which includes links to all of the week's top family law news stories, cases, articles and blog posts), go here.