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.

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For more news, see here.

For more cases, see here.

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