The Practical Lawyer


Procedure – coronavirus

The author raises an urgent issue for family lawyers: how should they take the coronavirus into account in the work they undertake for their clients, particularly international clients or those with assets abroad?
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Procedure – Financial Remedies Courts

The author describes the recently published Financial Remedies Courts Good Practice Protocol as essential reading for family practitioners; it sets out important best practice principles in relation to the FRC.
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Adoption – opposition

The parents and the children’s guardian successfully appealed a refusal to grant leave to oppose the making of an adoption order.
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Adoption – notification

The disclosure of the existence of the children or further enquiries about potential family care had been appropriate. This was the CA’s conclusion in three conjoined appeals.
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Separation agreement – costs

It was not for W to bankroll litigation unreasonably conducted by H, even though she was worth some £59m. H was a struggling artist.
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Disclosure – religious duty of confidentiality

A witness summons against two religious elders was to be upheld and disclosure ordered, the Family Court has held.
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Child maintenance – Hadkinson order

W applied for a Hadkinson order barring her former husband (H) from continuing with his appeal in FLA proceedings unless he paid what he owed in child maintenance payments. Cohen J described the background as ‘some of the least attractive and commercially suicidal litigation that I have seen for a long while’.
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Marriage – formalities; Islamic ceremonies

An Islamic ‘marriage’ was a non-marriage and invalid, the CA decided. It meant the ‘wife’ could not make a financial claim. Furthermore, there was no ceremony for which a decree of nullity could be granted.
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Fact finding – procedural irregularities

The judge had permitted serious procedural irregularities in a hearing in relation to complaints of domestic abuse and sexual assault. His approach to fact-finding was so flawed as to lead to the conclusion that it was unsafe and wrong.
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Children – separation

The decision to authorise the separation of a mother and baby (C) was wrong; it was not a necessary and proportionate response to the situation that had arisen.
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Procedure – coronavirus
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Parental bereavement – in force?
Monday, 09 March 2020
The Parental Bereavement (Leave and Pay) Act 2018 should come into force in April 2020. Regulations as to the detailed operation of the Act are awaited but the government’s consultation response... Read more...
Sentencing – judge’s remarks
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The appellants were convicted of a money laundering offence under s328 POCA following a sophisticated, multimillion-pound, cross-border money laundering operation. S was sentenced to eight years in... Read more...


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