Cohabitees’ inheritance rights – courts will decide each case on its facts – Family Law

Posted May 4th, 2018 in cohabitation, intestacy, news, Supreme Court by tracey

‘Private Client analysis: In Thompson v Ragget and others [2018] EWHC 688 (Ch), [2018] All ER (D) 18 (Apr), the claimant claimed reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 out of the estate of her late partner, who had left her nothing. Paul King, CEO and head of legal practice, and Jen Wiss-Carline, chartered legal executive at April King Legal, comment on the case.’

Full Story

Family Law, 3rd May 2018

Source: www.familylaw.co.uk

Cohabitant entitled to slice of partner’s £1.5m estate, judge rules – Law Society’s Gazette

Posted April 9th, 2018 in cohabitation, news, wills by tracey

‘The High Court has ruled in favour of a woman who received nothing from her late partner’s £1.5 million estate, in a judgment that will again spark debate about the law on inheritance.’

Full Story

Law Society's Gazette, 6th April 2018

Source: www.lawgazette.co.uk

The perils of an outdated will – Family Law

Posted February 1st, 2018 in appeals, cohabitation, financial provision, news, wills by tracey

‘The case of Martin v Williams [2017] EWHC 491 (Ch), [2018] 1 FLR 125 concerned the right of a cohabitee to make a claim for financial provision from her partner’s estate. It serves as a useful reminder of the problems that can arise when a testator fails to update his or her will following a change in circumstances.’

Full Story

Family Law, 30th January 2018

Source: www.familylaw.co.uk

‘Someone has to make a stand’: widow’s battle for cohabiting couples – The Guardian

‘Siobhan McLaughlin’s case goes before supreme court as pressure grows to end legal inequality.’

Full Story

The Guardian, 27th January 2018

Source: www.theguardian.com

English civil partnership may not be recognised abroad – Family Law

‘As England debates the future status, role and purpose of civil partnership, its cross-border status should be brought into account. Whilst marriage is almost universally recognised around the world and civil partnership is recognised by those countries with their own civil partnership laws, the legal status of an English civil partnership is not recognised in a number of countries. The civil partners have no different status in law to cohabitants in those countries. This places them in a real difficulty. A little-known and surprising piece of law may come to their aid. But should civil partnerships be continued now there is same-sex marriage including in view of the position abroad?’

Full Story

Family Law, 26th January 2018

Source: www.familylaw.co.uk

Transferring property out of a deceased’s estate to an unmarried partner (Lewis v Warner) – Family Law

Posted January 18th, 2018 in appeals, cohabitation, financial provision, news, wills by tracey

‘Roger Evans, barrister at Harcourt Chambers, says that Lewis v Warner is an interesting demonstration of the courts exercising their jurisdictional powers in the transfer of property under the Inheritance (Provision for Family and Dependants) Act 1975.’

Full Story

Family Law, 17th January 2018

Source: www.familylaw.co.uk

Exploring “Reasonable Financial Provision” – Lewis v Warner – Hardwicke Chambers

Posted January 9th, 2018 in appeals, cohabitation, financial provision, news, succession by sally

‘On 19th December 2017, the Court of Appeal handed down judgment in the case of Lynn Lewis v Thomas Warner [2017] EWCA 2182 (Civ). The case involved “unusual” and “exceptional” circumstances and was the first time that an application by a cohabitee under the amended s1(1)(ba) and 1(1A) of the Inheritance (Provision for Family and Dependents) Act 1975 (‘the Act’) had reached the Court of Appeal.’

Full Story

Hardwicke Chambers, 5th January 2018

Source: www.hardwicke.co.uk

Family law: plus ça change? – New Law Journal

Posted January 9th, 2018 in cohabitation, divorce, financial provision, news by sally

‘Reform is a constant feature of the family justice system—Geraldine Morris questions whether the underlying issues are being addressed.’

Full Story

New Law Journal, 5th January 2018

Source: www.newlawjournal.co.uk

Historical injustice for persons born out of wedlock and their right to British Citizenship still lingers on – Legal Voice

Posted January 8th, 2018 in birth, children, citizenship, cohabitation, news by sally

‘This article concerns only one of several historical injustices in British nationality law. For decades, it discriminated against people born out of wedlock to British fathers by not allowing those fathers to pass on their nationality to their child.’

Full Story

Legal Voice, 8th January 2018

Source: www.legalvoice.org.uk

Plus ca change? A review of family law in 2017 & a look forward to 2018 – Family Law

Posted December 14th, 2017 in children, cohabitation, divorce, financial provision, news by sally

‘Reform is a now a feature of the family justice system – Geraldine Morris asks whether the underlying issues are being addressed?’

Full Story

Family Law, 14th December 2017

Source: www.familylaw.co.uk

Is the Smith case a step forward for the rights of cohabitees? – Family Law

Posted December 12th, 2017 in bereavement, cohabitation, human rights, negligence, news, personal injuries by sally

‘The inability of long term cohabitees to claim the bereavement award in personal injury cases is incompatible with their human rights: this was the recent finding of the Court of Appeal in Smith (suing in her own right and as the surviving partner of John Bulloch, deceased) v Lancashire Teaching Hospitals NHS Foundation Trust and others [2017] EWCA Civ 1916.’

Full Story

Family Law, 11th December 2017

Source: www.familylaw.co.uk

May a faith-based nursery school sack a teacher for cohabitation? De Groen – Law & Religion UK

Posted December 12th, 2017 in cohabitation, employment, employment tribunals, news, teachers by sally

‘In Ms Z De Groen v Gan Menachem Hendon Ltd [2017] UKET 3347281/2016, the claimant was employed by the respondent, a private Orthodox Jewish nursery school that followed the teachings of the Lubavitcher Rebbe.’

Full Story

Law & Religion UK, 12th December 2017

Source: www.lawandreligionuk.com

Jewish teacher wins tribunal after she was sacked for living with her boyfriend – Daily Telegraph

‘A Jewish teacher has won a tribunal after she was sacked for living with her boyfriend outside of wedlock.’

Full Story

Daily Telegraph, 4th December 2017

Source: www.telegraph.co.uk

Cohabiting partners should have same rights as spouses to claim bereavement damages – UK Human Rights Blog

Posted December 1st, 2017 in bereavement, cohabitation, damages, news by tracey

‘Smith v Lancashire Teaching Hospitals NHS Foundation Trust & Ors (Rev 2) [2017] EWCA Civ 1916. In a landmark decision handed down on 28th November 2017 the Court of Appeal ruled that cohabiting couples should have a right to claim bereavement damages, putting them in a position analogous to spouses and civil partners.’

Full Story

UK Human Rights Blog, 30th November 2017

Source: ukhumanrightsblog.com

Bereavement damages: Unmarried Chorley woman wins legal fight – BBC News

Posted November 28th, 2017 in bereavement, cohabitation, damages, human rights, news by sally

‘A woman has won her legal battle for better rights for unmarried people who lose their long-term partners.’

Full Story

BBC Mews, 28th November 2017

Source: www.bbc.co.uk

Cohabiting couples warned of ‘common law marriage’ myths – BBC News

Posted November 27th, 2017 in cohabitation, financial provision, marriage, news, statistics by sally

‘Millions of unmarried couples who live together could be unaware of their rights if the relationship breaks down, a family law group has warned.’

Full Story

BBC News, 27th November 2017

Source: www.bbc.co.uk

Former receptionist collapses in court after judge rules against her bid for half of ex-boyfriend’s business​ – Daily Telegraph

Posted September 19th, 2017 in agreements, cohabitation, news by tracey

‘A woman collapsed in court after a judge ruled that her ex-boyfriend had not promised to marry her and she did not have a claim for a half-share of his business. After Judge Alan Johns QC ruled against Gillian Turner, fell onto the desk in front of her and was given first aid treatment from court staff.’

Full Story

Daily Telegraph, 18th September 2017

Source: www.telegraph.co.uk

Our House, in the middle of … Ambridge: Rogers v Burns – Tanfield Chambers

Posted August 22nd, 2017 in cohabitation, estoppel, housing, matrimonial home, news by sally

‘Thirty-something lovers Fallon Rogers (barmaid) and Harrison Burns (police constable) didn’t have much money between them. What little they had was Harrison’s – enough for a deposit on a modest house, in fact. Fed up with all the broken boilers and other hassles of renting, Harrison thought it would be an idea for them to look at buying a property. Fallon was unable to obtain financial assistance from any of her cash-strapped family to help her fund any such purchase. But all was not lost….’

Full Story

Tanfield Chambers, 20th July 2017

Source: www.tanfieldchambers.co.uk

Privy Council: ‘fairness’ central to whether evidence must be put to party at trial – OUT-LAW.com

Posted August 21st, 2017 in cohabitation, cross-examination, evidence, news, Privy Council, shareholders by sally

‘The question of whether a case will fall if a judge rejects a party’s evidence on grounds which that party has not had a chance to explain during the trial should be based on whether the overall trial is fair, senior UK judges have indicated.’

Full Story

OUT-LAW.com, 18th August 2017

Source: www.out-law.com

Post-separation accrual – Law Society’s Gazette

Posted June 20th, 2017 in cohabitation, divorce, financial provision, married persons, news by sally

‘As Nicholas Cusworth QC, sitting as a deputy High Court judge, stated in JB v MB [2015] EWHC 1846 (Fam), where addressing post-separation accrual, he was dealing with a ‘lawless science’ and therefore the outcome he reached ‘may be arbitrary to a degree’.’

Full Story

Law Society's Gazette, 19th June 2017

Source: www.lawgazette.co.uk