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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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Constructive trusts – property
Wednesday, 12 September 2018
The author gives a helpful analysis of a ruling following a claim to establish a constructive trust or proprietary estoppel in respect of a domestic property. The deceased died intestate while living... Read more...
Professional negligence – adjudication
Wednesday, 12 September 2018
The Professional Negligence Adjudication Scheme is run by the Professional Negligence Bar Association. It offers a voluntary ADR procedure, modelled on the adjudication system in construction... Read more...
Waste – L’s liability
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Ls should be aware of the environmental enforcement obligations that may be incurred as a result of T’s activities. Read more...
Part 36 – late acceptance
Wednesday, 12 September 2018
If a Part 36 offer is accepted out of time (ie outside the 21 day period) in a low value protocol case, then what are the costs consequences? In particular, does late acceptance mean a liability to... Read more...
HMOs – new rules
Wednesday, 12 September 2018
The definition of house in multiple occupation (HMO) changes on 1 October 2018. The new definition covers properties occupied by five or more people, comprising two or more separate households. Read more...
Energy efficiency – reassessment by T?
Wednesday, 12 September 2018
The Energy Efficiency (MEES) Regs mean it is no longer possible to grant new leases to properties with an EPC of F or G. Moreover, existing lettings of F and G properties will become unlawful from... Read more...
Knotweed – nuisance
Wednesday, 12 September 2018
Last year, we had county court claims in Cardiff and Truro in which it was held that the encroachment of Japanese knotweed would be actionable as a ‘private nuisance’. The Cardiff cases have now... Read more...
Procedure – expert witnesses
Wednesday, 12 September 2018
Expert witnesses must comply with court rules and related guidance appropriate to their area of expertise. New guidance for paediatric expert witnesses in family proceedings has now been issued. Read more...
Self-employed – or worker?
Wednesday, 12 September 2018
The Pimlico Plumbers case was seen as a victory for workers in the gig economy, with the Supreme Court looking at the reality of the relationship (rather than the legal labels attached). So, what... Read more...
Offences – mens rea
Wednesday, 12 September 2018
This was a pre-trial appeal of a ruling at a preparatory hearing. The two appellants (A) faced charges under s17 Terrorism Act 2000 of sending money overseas, or arranging to do so, knowing or having... Read more...

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