Employment tribunal fees ‘will deny workers justice’ – The Independent

‘Workers unfairly dismissed by their employers are being denied access to justice because of new Government court fees, a cross party committee of MPs has warned. Since the new employment tribunal fees were introduced in 2013 there has been a “precipitate drop” of almost 70 per cent in the number of cases being brought, the Commons Justice committee said. It can now cost as much as £1,200 simply to bring a claim.’

Full story

The Independent, 20th June 2016

Source: www.independent.co.uk

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Finance & Divorce Update June 2016 – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during May 2016.’

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Family Law Week, 3rd June 2016

Source: www.familylawweek.co.uk

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Conduct versus Needs – Park Square Barristers

Posted June 2nd, 2016 in divorce, matrimonial home, news, sexual offences by sally

‘Not long ago I was involved in financial relief proceedings involving a couple both of whom were on their second marriage (of some 12 years duration). The wife had children in their twenties from a previous marriage. As usual, the most substantial asset was the Former Matrimonial Home, with a notional net equity of nearly £400,000. This had been purchased with funds mainly, but not quite exclusively, provided by the husband who was retired. Neither party had a high income.’

Full story

Park Square Barristers, 26th May 2016

Source: www.parksquarebarristers.co.uk

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A Dead Parrot Or A Sleeping Beauty? – The 36 Group

Posted June 2nd, 2016 in advocacy, compensation, divorce, financial provision, news by sally

‘Baroness Hale was primarily responsible for the introduction of compensation (SRJ v DWJ [1999] 2 FLR 176). She is a fine lawyer and judge, but she was only briefly an advocate. I am no judge at all with a degree in English, but I have argued a lot of cases. Whilst doing so I have appeared against some outstanding advocates such as Lord Wilson, the late Mrs Justice Baron, Mr Justice Mostyn and Mr Martin Pointer QC. As advocates they looked and in the case of Martin, look to persuade the court. I believe that in presenting a wife’s arguments they would all have rejected submitting that she should be compensated for gender related disadvantage. They would have done so for various reasons. Compensation is a dangerous word as it has its most natural and best established use in the law of tort. It is also manifestly insensitive. Any husband who has maintained his wife and children for, say fifteen years will be hurt and annoyed by the proposition that he should compensate his wife for the experience. He may, or may not be placated by the subsequent reference to gender related disadvantage. At least that shows compensation is a systemic concept, rather than directed at him personally. But fully expressed the words display the origin of the concept in a feminist approach to divorce. The advocate would know that some tribunals would reject the socio-legal concept; if only because another feminist analysis would give primacy to the wife’s autonomous ability to look after.’

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The 36 Group, 18th May 2016

Source: www.36group.co.uk

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The divorce app that lets you break up without breaking the bank – The Guardian

Posted June 2nd, 2016 in arbitration, computer programs, costs, divorce, news by sally

‘Divorce can be a costly legal battleground as well as an emotional ordeal. But a new app, amicable, could provide a better way.’

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The Guardian, 2nd June 2016

Source: www.guardian.co.uk

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Man allowed to challenge former mother-in-law’s will – Law Society’s Gazette

Posted May 31st, 2016 in appeals, divorce, interest, news, wills by tracey

‘The Court of Appeal has granted a divorced husband permission to challenge the validity of his former mother-in-law’s will which left him nothing from her estate.’

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Law Society’s Gazette, 27th May 2016

Source: www.lawgazette.co.uk

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Top judge hands divorcee £3.5m despite husband arguing it should be less as ex-wife lives with another man – Daily Telegraph

Posted May 27th, 2016 in divorce, financial provision, news by tracey

‘Women who move in with other men after getting divorced are still entitled to a share of their ex-husband’s wealth, the UK’s most senior family judge has ruled.’

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Daily Telegraph, 26th May 2016

Source: www.telegraph.co.uk

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Independent review into Sharia Law launched – Home Office

Posted May 26th, 2016 in divorce, forced marriages, islamic law, press releases, women by tracey

‘An independent review into the application of Sharia Law in England and Wales has been launched by Home Secretary Theresa May today.’

Full press release

Home Office, 26th May 2016

Source: www.gov.uk/home-office

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Finance & Divorce Update, May 2016 – Family Law Week

Posted May 20th, 2016 in costs, divorce, financial provision, news, trusts by tracey

‘Edward Heaton, Principal Associate, and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during April 2016.’

Full story

Family Law Week, 15th May 2016

Source: www.familylawweek.co.uk

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Family: needs and standard of living – Law Society’s Gazette

Posted May 16th, 2016 in divorce, families, financial provision, news by sally

‘The issue for many judges is the period over which the standard of living is to be maintained.’

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Law Society’s Gazette, 16th May 2016

Source: www.lawgazette.co.uk

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The Family Justice Council Guide to Sorting Out Finances on Divorce – Family Law Week

‘Stuart Clark, Associate Solicitor at The International Family Law Group LLP, reviews the newly published guide for LiPs dealing with their financial matters after divorce or civil partnership dissolution.’

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Family Law Week, 14th April 2016

Source: www.familylawweek.co.uk

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English courts still among most generous on divorce – Law Society’s Gazette

Posted April 14th, 2016 in choice of forum, divorce, financial provision, news by sally

‘England and Wales still remains one of the most generous jurisdictions for financially dependent spouses, despite greater judicial appetite for making ex-spouses provide for themselves, research by an international firm reveals.’

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Law Society’s Gazette, 13th April 2016

Source: www.lawgazette.co.uk

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Finance & Divorce Update, April 2016 – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during March 2016.’

Full story

Family Law Week, 8th April 2016

Source: www.familylawweek.co.uk

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Sorting Out Finances on Divorce – Courts and Tribunals Judiciary

Posted April 8th, 2016 in civil partnerships, divorce, financial provision, married persons, news by tracey

‘This guide provides information for separating couples who are negotiating their own financial agreements on divorce or dissolution of a civil partnership. It provides a succinct summary of the law to help those who do not have access to legal advice to reach financial agreements without the need to go to court.’

Full guide

Courts and Tribunals Judiciary, 5th April 2016

Source: www.judiciary.gov.uk

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Woman who discovered husband was paedophile during honeymoon five years ago is still trying to divorce him – The Independent

‘A woman who discovered she had married a convicted paedophile during their honeymoon is still trying to divorce him after five years.’

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The Independent, 6th April 2016

Source: www.independent.co.uk

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Estrada v Al-Juffali (Secretary of State for Foreign and Commonwealth Affairs intervening) – WLR Daily

Estrada v Al-Juffali (Secretary of State for Foreign and Commonwealth Affairs intervening) [2016] EWCA Civ 176

‘The parties were married in September 2001 and had one daughter born in October 2002. The husband, a Saudi national, was a businessman of substantial means who married again in 2012 when the parties’ marriage broke down. On their divorce the wife applied for financial relief under Part III of the Matrimonial and Family Proceedings Act 1984. The husband applied to strike out the wife’s application , claiming immunity from suit as the permanent representative of St Lucia to the International Maritime Organisation (“IMO”), a post to which he had been appointed on 1 April 2014. The United Kingdom was required, as a matter of international law, to grant privileges and immunities to personal representatives of member states to the IMO in accordance with the Specialised Agencies Convention and the Headquarters Agreement. A permanent representative was entitled to the same immunity from suit and legal process as the head of a diplomatic mission, except that, by article 15 of the International Maritime Organisation (Immunities and Privileges) Order 2002), a permanent representative who was permanently resident in the United Kingdom was only entitled to immunities and privileges in respect of his official acts. The Foreign Secretary certified that the Foreign Office had been informed by the IMO of the husband’s appointment as permanent representative of St Lucia, of his arrival date and had not been notified that his diplomatic functions had terminated. Although on the face of it that certificate was conclusive evidence of the husband’s appointment by virtue of section 8 of the International Organisations Act 1968, the judge balanced the husband’s claim to immunity against the wife’s rights to access to the courts under article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. He concluded that the husband had not undertaken any duties or performed any functions as permanent representative, that the appointment was an artificial construct to defeat the wife’s claims on the breakdown of the marriage and that, since the husband was permanently resident in the United Kingdom, he was entitled to immunity only in respect of official acts performed in the exercise of his functions. In consequence the judge refused to strike out the wife’s claim.’

WLR Daily, 22nd March 2016

Source: www.iclr.co.uk

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Legal aid cuts add to strain on divorcees – The Guardian

‘Nine out of 10 people who have gone through the family courts, under new rules that heavily restrict access to legal aid, suffer strain in their mental and physical health, working lives and finances, according to a report by Citizens Advice due out this week.’

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The Guardian, 26th March 2016

Source: www.guardian.co.uk

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Hammond criticises judge for stripping diplomatic immunity from Saudi billionaire – The Guardian

Posted March 22nd, 2016 in appeals, diplomats, divorce, immunity, judges, ministers' powers and duties, news by sally

‘Phillip Hammond, the foreign secretary, has taken the highly unusual step of criticising a high court judge’s decision to strip diplomatic immunity from a Saudi billionaire facing divorce proceedings from his estranged wife.’

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The Guardian, 22nd March 2016

Source: www.guardian.co.uk

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What next for “stepped” periodical payments orders? – Tanfield Chambers

Posted March 22nd, 2016 in appeals, divorce, education, financial provision, news, periodical payments by sally

‘The Court of Appeal recently decided a discreet argument regarding periodical payments orders in the case of Aburn v Aburn [2016] EWCA Civ 72. So, what are the implications for automatic variations in periodical payments? Practitioners and Judges alike will be familiar with the concept of stepped periodical payments. However, the commonplace order will be for periodical payments to be stepped downwards based upon either particular trigger events (such as children reaching their majority, a payment of a lump sum order) or after a specific period of time during which it is judged that the recipient of the periodical payments can, or ought to, have taken steps to increase their earning capacity. Given the commonplace nature of these orders, it is perhaps understandable that a deputy district judge (DDJ) presiding over the final hearing of the financial remedies application of Mrs Aburn (and then a Circuit Judge hearing the appeal thereafter) thought perhaps an order “stepping up” periodical payments upon a particular trigger event was a clever solution, thereby falling into what we now know was an error of law and an impermissible exercise of his judicial discretion. ‘

Full story

Tanfield Chambers, 1st March 2016

Source: www.tanfieldchambers.co.uk

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A judge has ordered 90 per cent of a couple’s assets to the housewife in a victory that should be celebrated – The Independent

Posted March 22nd, 2016 in divorce, financial provision, news by sally

‘This week, the English family courts have sent yet another message in support of families and free choice.’

Full story

The Independent, 20th March 2016

Source: www.independent.co.uk

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