Friday, September 21, 2018

New by me this week on the Stowe Family Law Blog


My posts this week on the Stowe Family Law Blog included:

What’s not to like about the no-fault divorce consultation? - A few thoughts.

So what about the arguments against no-fault divorce? - A few more thoughts.

The cost of mediating, or not - Commenting upon a report that a couple had spent more than £50k on mediation. Hmm...

The power of the court to deal with the failure to obey orders - As in injuncting the husband from paying his lawyers unless he pays a similar sum to his wife's lawyers. LKH v TQA AL Z.

Have a good weekend.

Monday, September 17, 2018

News Essentials: 17th September 2018


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

NEWS
Justice Secretary confirms plans to reduce conflict in divorce
Couples wishing to divorce will soon benefit from a less confrontational process, under proposals confirmed by the Justice Secretary David Gauke. Full story: Ministry of Justice.

Care applications fall 5.7 per cent over two years
The number of applications for children to be taken into care is continuing to fall, official statistics show. Full story: Children & Young People Now.

Council apologises to mother over unlawful restrictions on contact with children
Cumbria County Council has apologised to a mother who had unlawful restrictions placed on her level of contact with her three children, it has been reported. Full story: Local Government Lawyer.

CASES
Bhusate v Patel & Ors [2018] EWHC 2362 (Ch) (13 September 2018)
The claimant was the third wife of the deceased (who died in 1990) and was making three primary claims: (1) that she was now the sole beneficial owner of the property; (2) in the alternative, that she and the defendants (the deceased's children from his first marriage) became equitable co-owners of the property; (3) in the further alternative, she said that she was entitled, as against the deceased's estate, to her statutory legacy and a capitalised life interest, plus interest at 6% per annum since the date of his death. Full report: Bailii, via Family Law Hub.

Z (A Child - Care Proceedings - Separate Representation) [2018] EWFC B57 (29 June 2018)
Care proceedings concerning 14 year old child. Judgment dealing with issue of whether child should instruct his own solicitor, he disagreeing with guardian as to appropriate outcome. 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.

Monday, September 10, 2018

News Essentials: 10th September 2018


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

NEWS
Couples Will Be Allowed No-Fault Divorces In Plans To Be Unveiled By The Government
Couples will be allowed no-fault divorces and spouses will lose the right to contest the breakdown of a marriage under proposals for an historic overhaul of the law being drawn up by the government. Full story: BuzzFeed News.

Court of Protection costs ordered after conduct 'verging on arrogance'
A Court of Protection judge has taken the unusual step of ordering costs against local authorities that caused a woman to be trapped in limbo for years waiting for her case to be resolved. Full story: Law Society Gazette. See reports, below.

CASES
R v K [2018] EWFC 59 (04 September 2018)
Judgment in financial remedy proceedings, in which the central issue was whether the husband and his business associates had fabricated or exaggerated the husband's liabilities, in an attempt to defeat the wife’s claim. Full report: Bailii.

London Borough of Lambeth v MCS & Anor [2018] EWCOP 20 (31 August 2018)
Costs hearing in proceedings relating to the repatriation of a Colombian woman lacking capacity, who had been kept in hospital for over 3 years. Costs orders made against both Local Authority and Clinical Commissioning Group. Full report: Bailii.

London Borough of Lambeth v MCS & Anor [2018] EWCOP 14 (31 August 2018)
Proceedings relating to the repatriation of a Colombian woman lacking capacity, who had been kept in hospital for over 3 years. 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.

Monday, September 03, 2018

News Essentials: 3rd September 2018


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

NEWS
Unmarried NI mother wins access to widowed parent's allowance after death of her partner
Mother's appeal against a Court of Appeal decision that s39A of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 was not incompatible with article 14 read with article 8 ECHR or the protection of property rights in Article 1 of the First Protocol (A1P1) was allowed. Full story: Family Law Hub.

Emma Thompson film prompts independent advocacy call
Today's release of the film adaptation of author Ian McEwan's novel The Children Act, starring Oscar-winning Emma Thompson as a High Court judge, has prompted a children's charity to call for the mandatory provision of independent advocates for children. Full story: Law Society Gazette.

Legal bloggers allowed to report on family proceedings
Five years after former family division president Sir James Munby highlighted a pressing need for greater transparency in the family justice system, the government and judiciary are to allow certain 'legal bloggers' to report on proceedings. Full story: Law Society Gazette.

CASES
Green v Secretary of State for Work and Pensions (CSM) [2018] UKUT 240 (AAC) (18 July 2018)
This case analyses regulation 71 of the Child Support Maintenance Calculation Regulations 2012 (diversion of income) and how it operates in relation to the transfer of an asset that was not generating any income at the time of transfer. Full report: HMCTS (PDF).

Tattersall v Tattersall [2018] EWCA Civ 1978 (26 July 2018)
Husband's appeal in respect of 3 orders made in relation to the enforcement of a financial remedy order made in December 2012. Full report: Bailii.

Banfield v Campbell [2018] EWHC 1943 (Ch) (24 July 2018)
Claim by cohabitant of deceased for reasonable financial provision from estate. Full report: Bailii.

B (A Child: Immunisation) [2018] EWFC 56 (22 August 2018)
Application by mother for specific issue order to permit her to arrange for child to be immunised. Full report: Bailii.

AW v KJ [2018] EWHC 2229 (Fam) (25 June 2018 )
Application by the father for the return of child from Russia. Application refused. 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.