Costs, pensions, domestic violence and more

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March 2, 2018 1 comment

family law

A week in family law The Arctic weather conditions across the country may have grabbed the headlines this week, but there were also a few significant family law news stories… First up, a mother is facing having to pay a costs bill approaching £20,000, after successfully challenging an order made in care proceedings relating to…

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Appeal against DNA order dismissed

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February 14, 2018 0 comments

family life

Sometimes it is interesting to follow a case through from the original decision of the court to an appeal, especially where that original decision could be considered somewhat controversial. Back in April 2016 I wrote here about the case Spencer v Anderson (Paternity Testing: Jurisdiction), which concerned an application by a man for a declaration…

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Sir James considers covert recordings

October 28, 2017 3 comments

family law

The Family Justice Council should examine the use of covert recordings in family cases, the President of the Family Court has declared. Sir James Munby said the use of covertly recorded conversations as evidence in cases was increasingly common and needed due consideration. The issue arose in a case concerning an 11 year-old girl, whose…

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Tigers, tsunamis and trusts: lessons from Quan v Bray

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June 26, 2017 0 comments

finances and divorce

The Court of Appeal’s judgment in Quan v Bray & Others, handed down on 16 June, contains important lessons, not just regarding the central issue of nuptial settlements, but also regarding the conduct and management of litigation. I suspect that many non-lawyer readers may be unfamiliar with the term ‘nuptial settlements’, so I thought I…

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Getting tough on torrential emails

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December 13, 2016 1 comment

family law

As I know I’ve said here previously, I have every sympathy with litigants in person, in particular those who find themselves in that position through no fault of their own, other than that they cannot afford to instruct a lawyer. Sadly, of course, there are now far more such people grappling with family court proceedings…

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Care order for autistic boy ‘plainly wrong’

November 25, 2016 0 comments

family life

A care order for an a11 year-old boy with suspected autism should be set aside, the Court of Appeal has ruled. L (Children) concerned a family with four children – three teenagers and one 11 year-old, referred to as ‘AL’, ‘JL’, ‘PL’ and ‘NL’ respectively. Social workers from Cambridgeshire County Council had been involved with…

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