The Practical Lawyer


Children – care proceedings

In this case, the two children (7 and 11) had lived with M since birth. She had cared for them with increasing support from various sources, including her own mother who lived with them.

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Children – child arrangements order

M unsuccessfully applied for a child arrangements order including to relocate to Italy as the child’s main carer, but F opposed and made a cross-application for shared care. M had alleged serious domestic abuse on F’s part.

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Financial remedies – post-separation accrual

The most complicated evidential issues in relation to post-separation accrual and financial remedies arise in respect of active growth, says the author of this useful summary of recent rulings on post-separation accrual. Careful analysis of the genesis of assets being utilised is needed, and the individual’s role in creating active growth.

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Financial remedies – short marriage

Departing from the equal sharing principle to achieve overall fairness between the parties was justified, given the combination of factors including a short marriage (of about five-and-a-half years), no children, dual incomes and separate finances.

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Children – radicalisation

Islamist extremism and radicalism exist as a brutal and pernicious fact in our society, but it is important that the court holds fast to ‘the cardinal precepts of fairness, impartiality and due process that underpin the rule of law in our liberal democracy’. This requires that the court is satisfied to the requisite standard of proof on the basis of evidence, before making findings adverse to an individual.

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Procedure – deputies

The OPG has issued practice guidance for solicitors and public deputies in relation to claiming travel costs. The practice note explains the OPG’s interpretation of the Court of Protection’s recently updated practice direction on fixed costs (which introduces a new provision allowing public authorities and other third sector deputies to claim a fixed amount for travel costs).

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Financial remedies – non-matrimonial assets

Assets held in a Mauritian trust (the Chinese Tigers South African Trust) were not a resource of either spouse for the purposes of s25 MCA.

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Children – wards of court

Practitioners need to note the recent amendment to FPR Practice Direction 12D (Interviewing Wards of Court), issued by Sir James Munby. The amendment follows a ruling he gave on 4 May 2017, and concerns whether police officers and security service officers may interview a ward of court without prior approval of the wardship judge.

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Children – adoption; jurisdiction

Jurisdictional issues may arise where prospective adopters in England and Wales seek to adopt a Scottish child. Useful judicial guidance has now been given regarding jurisdiction and applications for adoption in this situation.

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Procedure – de-linking financial and divorce proceedings

The new process of administratively de-linking financial proceedings from divorce proceedings has commenced, with the aim of improving how financial applications are dealt with. Financial remedies proceedings and divorce proceedings are now being run separately.

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Page 9 of 84

Most-read articles

Trustees – duty to beneficiaries
Wednesday, 11 July 2018
Trustees cannot simply ignore beneficiaries’ request for information about a trust, the High Court has held. In this case, the trust property was a farm outside Cardiff. Read more...
Conveyancing searches – disbursements?
Wednesday, 11 July 2018
Should electronic property searches be treated as disbursements for VAT purposes? Alternatively, are they part of the legal service provided, and so subject to VAT? Read more...
Professional – update
Wednesday, 11 July 2018
From December 2018 there will be new rules requiring firms to publish prices for conveyancing, probate, motoring offences and immigration, as well as the price for bringing ET claims.  Read more...
Service mistake – discretion?
Wednesday, 11 July 2018
To what extent do you have a duty to point out the other side’s procedural errors (as part of your obligation to comply with the ‘overriding objective’)? Read more...
Exiting the Portal – reasonable
Wednesday, 11 July 2018
Insurers should be very careful about making allegations (for instance, at Stage 2 of the EL/PL Protocol), especially if they could be interpreted as allegations of ‘dishonesty’. Read more...
Airbnb – breach of lease
Wednesday, 11 July 2018
It now seems clear that an Airbnb short let will be in breach of a typical long lease. Read more...
GDPR – data rooms
Wednesday, 11 July 2018
If L is planning to sell a property subject to leases, then almost certainly a data room will be set up containing all relevant documents. Read more...
Rights of way – public
Wednesday, 11 July 2018
There are four categories of public rights of way: Read more...
Financial remedies – company assets
Wednesday, 11 July 2018
A recent ruling illustrates when a court can treat a company-owned asset as as a matrimonial asset. Read more...
GDPR – references
Wednesday, 11 July 2018
GDPR impacts on the giving of references:


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