Monday, August 05, 2019

News Essentials: 5th August 2019


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

NEWS
Call for 'significant changes' to special guardianship orders
A review has urged that "significant changes" should be made to guidance on special guardianship orders, including a requirement that the child has been looked after by the proposed carer. Full story: Children & Young People Now.

Appeal allows stand-still agreement on claim 17 months out of time
The Court of Appeal has overturned a decision to throw out a widow’s delayed application to claim from her late husband’s estate. Full story: Law Society Gazette. See Cowan v Foreman, below.

UK’s top judge calls for donations to legal support charity
Lady Hale’s appeal for support likely to reignite controversy over cuts to legal aid. Full story: The Guardian.

Divorcee granted injunction against ex-husband's holding company
The High Court in England has granted an injunction against the holding company to which a wealthy Russian businessman transferred ownership of a luxury yacht in order to avoid enforcement of a £500 million divorce settlement, preventing the company from moving the yacht from where it is docked in Dubai. Full story: Out-Law.

CASES
Shokrollah-Babaee v Shokrollah-Babae [2019] EWHC 2135 (Fam) (25 July 2019)
Judgment considering issue of whether judge who had conducted an FDR appointment during the earlier stages of financial remedy proceedings can later hear and rule upon disputed cross-applications in relation to the enforcement and/or variation of the substantive order which was made after a contested hearing. Full report: Bailii.

M (Children) [2019] EWCA Civ 1364 (31 July 2019)
Care proceedings in which the parents had spent 4 years or more in Syria and were believed to have aligned themselves with a radical terrorist organisation during that time.  Appeal by parents against order for disclosure of material to police. Appeal dismissed. Full report: Bailii.

Cowan v Foreman & Ors [2019] EWCA Civ 1336 (30 July 2019)
Appeal by wife of deceased against refusal of permission to make inheritance claim out of time. Appeal allowed. Full report: Bailii.

P (A Child) [2019] EWCA Civ 1346 (30 July 2019)
Appeal by intervenor against findings of fact made in care proceedings. Appeal allowed. Full report: Bailii.

A v Cardiff City Council & Ors [2019] EWCA Civ 1360 (11 July 2019)
Appeal by mother against care order in relation to two children, with a plan for them to remain placed with their maternal grandparents. Appeal allowed. Full report: Bailii.

Hendry v Hendry & Ors [2019] EWHC 1976 (Ch) (27 June 2019)
Former wife sought permission to bring a claim out of time for reasonable financial provision from the estate of the deceased. No provision had been made for her in the will, and a pre-nuptual agreement had provided that in the event of the marriage failing she would receive a lump sum of £10,000 and a flight to the Philippines, but no maintenance, property or financial provision. Master Shuman found that the former wife had not given a sufficient explanation for the delay, and decided that permission should not be granted. Full report: Bailii, via Family Law Hub.

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For more news, see here.

For more cases, see here.

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