Monday, November 25, 2019

News Essentials: 25th November 2019


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

NEWS
Financial Remedies Courts: Structure document and Good Practice Protocol published
An Overall Structure of the Financial Remedies Courts and the Role and Function of the Lead Judge has been published for the Financial Remedies Courts. Full story: Family Law Week.

Marriage between woman and trans man is void
Gender Recognition Certificate had not been obtained at date of ceremony. Full story: Family Law Week. See P (Transgender Applicant for Declaration of Valid Marriage), below.

Research on the effect of the PLO and Re B-S on care proceedings published
Child protection in Court: Outcomes for Children reports the findings of research by the Universities of Bristol and East Anglia on reforms to care proceedings in 2013-14, and their impact on children. Full story: Family Law Week.

Press attacks on family courts should be assessed - McFarlane
The president of the family division has called for independent research to be carried out on cases reported by the press to see if courts are making mistakes and failing to protect victims and children. Full story: Law Society Gazette.

CASES
B (Secure Accommodation Order) [2019] EWCA Civ 2025 (21 November 2019)
Appeal by local authority against an order refusing the authority's application for a secure accommodation order in respect of a 15-year-old girl. Full report: Bailii.

P (Transgender Applicant for Declaration of Valid Marriage) [2019] EWHC 3105 (Fam) (20 November 2019)
Application for declaration that marriage conducted in 2009 was valid, where applicant had undergone gender re-assignment surgery, but had not obtained a Gender Recognition Certificate. Full report: Bailii.

W (A Child), Re [2019] EWCA Civ 1966 (18 November 2019)
Appeal by great-aunt against care and placement orders made in relation to two year old boy. Appeal allowed. Full report: Bailii.

C (A Child) (Interim Separation), Re [2019] EWCA Civ 1998 (18 November 2019)
Appeal by mother against interim care order separating four month old child from mother. Appeal allowed. 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.

Monday, November 18, 2019

News Essentials: 18th November 2019


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

NEWS
Judge allows inter-country adoption to proceed despite failure to comply with pre-adoption requirements
An application for an inter-country adoption should not fail because of inconsequential errors made by the intending adopter, a High Court Family Division judge has ruled. Full story: Local Government Lawyer.

Practice Guidance: Placements in unregistered children’s homes in England or unregistered care home services in Wales
The President of the Family Division, Sir Andrew McFarlane, has issued a new practice guidance to explain the registration and regulation structure applicable in England and, separately, in Wales for residential care facilities for children and young people. Full story: Family Law Week.

CASES
X v Y (Child Arrangements Order) [2019] EWHC 2872 (Fam) (14 August 2019)
Application by father for permission to appeal against interim child arrangements order. Permission granted. Full report: Bailii.

I-L (Children) (1996 Hague Child Protection Convention : Inherent Jurisdiction) [2019] EWCA Civ 1956 (15 November 2019)
Appeal by father against order made under inherent jurisdiction requiring the parties' two children to be returned to Russia. Full report: Bailii.

AY v AS [2019] EWHC 3043 (Fam) (14 November 2019)
Mother's application for permission to relocate child permanently to Kazakhstan. Full report: Bailii.

A (No. 2) (Children: Findings of Fact) [2019] EWCA Civ 1947 (14 November 2019)
Care proceedings. Appeal by parents against findings of fact. Appeal allowed, and matter remitted for rehearing. 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.

Monday, November 11, 2019

News Essentials: 11th November 2019


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

NEWS
Russian billionaire succeeds in having wife’s MFPA Pt III claim dismissed
If claim allowed, there would be 'no limit to divorce tourism'. Full story: Family Law Week. See Potanin v Potanina, below.

First registrations of opposite-sex civil partnerships set for New Year’s Eve
Civil Partnership (Opposite-sex Couples) Regulations 2019 approved by Lords. Full story: Family Law Week. You can find the Regulations here.

Concerns raised about Calderbank offers being used to assess litigation conduct
Reservations have been expressed about plans to change the rules for determining costs at the end of family proceedings. Full story: Law Society Gazette.

CASES
Potanin v Potanina [2019] EWHC 2956 (Fam) (08 November 2019)
Application by husband to set aside grant of leave to wife to apply for financial relief pursuant to Part III MFPA 1984. Application granted. Full report: Bailii.

H (Children: Relocation), Re [2019] EWHC 2881 (Fam) (30 October 2019)
Application by father for permission to relocate children to the Netherlands. Full report: Bailii.

TY (Preliminaries To Intercountry Adoption) [2019] EWHC 2979 (Fam) (07 November 2019)
Application by maternal aunt to adopt nephew, issued three days before his 18th birthday. 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.

Thursday, November 07, 2019

When Do I Know It’s Time to Contact an Insolvency Practitioner?

When Do I Know It’s Time to Contact an Insolvency Practitioner?

An insolvency practitioner can provide essential support, guidance and advice when you are facing financial issues, whether as a business or an individual.

However, what might not be clear, is when the right time is to contact an insolvency practitioner.

It is important to understand that an insolvency practitioner is not simply a financial emergency service, that you call in only when all other avenues appear closed to you.

The common misconception surrounding this service is that is only applies as a last resort.

Insolvency Practitioner Advice Has Value

The role of an insolvency practitioner includes giving expert advice. This advice can be helpful at various stages, not just when a company is considering liquidation, or an individual is facing difficult debts.

Advice has value.

Consequently, there are certain situations where an insolvency practitioner can offer advice where companies are still solvent.

For example, where a business is facing temporary cash flow problems, or where a creditor is threatening it with legal action, an insolvency practitioner may provide professional advice which can make a difference to the outcome.

Serious financial situations do not all need to end in liquidation.

The lesson is to act earlier rather than later.

A proactive, approach to seeking professional advice early on can mean a wider range of potential options to help a business find the best possible solution given the circumstances.

These options may include:

  • Company restructure
  • Sale of assets to help bring in cash
  • Selling the business as a going concern.

These may ensure the business’s survival. However, even if these options are not explorable, then having the support of an insolvency practitioner is still essential if the business goes into voluntary liquidation.

Issues can suddenly arise that put you on the back foot financially, such as an unexpected bill, or a key customer or supplier themselves becoming insolvent.

Other issues can affect businesses, such as market downturns or wider economic changes.

Practical Support from an Insolvency Practitioner

Whatever solution a business or individual requires, whether it is some form of corporate recovery or business insolvency, or a personal insolvency, the insolvency practitioner is there to provide practical support and help.

An insolvency practitioner can negotiate with creditors professionally, to help restore confidence in the company.

They can also intervene on a client’s behalf in dealing with HMRC and navigating the often complex paths of rules and regulations.

A Question of Timing and Protection

Should a company need to go into liquidation, the question of timing is crucial. It can make a huge difference to directors, employees and creditors.

An insolvency practitioner will look at this strategically. The swifter the action, the more likely it is that there can be a more positive outcome.

They can provide advice on the best time to wind down a business, which will work for the individuals involved but also help satisfy creditors by maximising the available funds for them.

An insolvency practitioner is there to help protect you and your business when you face financial issues, obstacles and difficulties.

You do not need to wait until these things seem too colossal or overwhelming. If something financial is gnawing away at you, get in touch now.

Irwin Insolvency have been established for many years as insolvency practitioners, delivering expert advice on both personal and corporate insolvency. For more information, call 0800 009 3173 or send an email to mail@irwinuk.net.

Tuesday, November 05, 2019

Grant award will improve support for separating families


Increasing demand for family mediation is recognised this week with a grant award to England and Wales’ leading provider of the service.

National Family Mediation (NFM), a registered charity which delivers mediation services in over 500 community locations, has received the award from Therium Access, the not-for-profit arm of Therium Group Holdings Limited, one of the world’s leading providers of litigation, arbitration and specialty legal finance. (www.theriumaccess.org).

The grant will enable NFM to employ an additional call handler to provide early advice and arrange mediation for families going through divorce or separation.

NFM’s CEO, Jane Robey, said: “Demand for our call handlers has increased significantly over the past year. They do a fantastic job, and each call to our office represents a family needing assistance to manage their separation.

“We are delighted with this grant award, which will help us provide an even more responsive service to support separating families through our telephone helplines. 

“NFM is grateful to Therium Access for recognising the value of early advice, good quality information, and mediated agreements.

“The work we do impacts upon the whole of the family legal process. It keeps people out of the court system in a pre-emptive way by providing them alternative means to resolve disputes. This enables them to reach settlements in a more streamlined, simpler, non-confrontational way.

“Legal aid cuts mean we support many more people who are self-funding, with no access to professional legal advice.  Early support and guidance can transform the separation journey undertaken by these people, helping them reach just and fair settlements.”

Monday, November 04, 2019

News Essentials: 4th November 2019


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

NEWS
Judge criticises council for breaching duty of disclosure when making streamlined application for authorisation of deprivation of liberty
A council has been criticised by a Court of Protection judge for breaching the duty of full and frank disclosure when it made an application under the streamlined procedure for authorisation of a deprivation of liberty. Full story: Local Government Lawyer.

President of the Family Division: Guidance as to reporting in the Family Courts
The President of the Family Division, Sir Andrew McFarlane, has issued the latest guidance for reporting in the Family Courts. Full story: Courts and Tribunals Judiciary.

CASES
S (A Child: Adequacy of Reasoning), Re [2019] EWCA Civ 1845 (31 October 2019)
Appeal following fact finding hearing in care proceedings. Appeal allowed, on the basis that the judge's conclusions as eventually expressed were inadequately reasoned. Full report: Bailii.

NY (A Child), Re [2019] UKSC 49 (30 October 2019)
Appeal by mother against order made under inherent jurisdiction requiring her to return child to Israel. Appeal allowed. Full report: Bailii.

FRB v DCA [2019] EWHC 2816 (Fam) (28 October 2019)
Application by wife to strike out husband's claim for damages in respect of W's deceit in maintaining that he was the father of W's child. Full report: Bailii.

Begum v Ahmed [2019] EWCA Civ 1794 (28 October 2019)
Appeal against refusal of application to make inheritance claim out of time. Appeal allowed. 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.