Analysis: Changing financial settlements – Family Law

Posted February 6th, 2019 in consent orders, disclosure, divorce, financial provision, news by tracey

‘According to Stuart Clark and Emma Chowdhury, of the International Family Law Group, the English Family Courts strongly encourage any financial order made upon divorce or civil partnership dissolution to be final, as in not changeable after the event. This applies equally to orders reached by consent as it does to orders imposed by the court following a contested final hearing.’

Full Story

Family Law, 6th February 2019

Source: www.familylaw.co.uk

DDJ “should not have interfered” with parties’ costs agreement – Litigation Futures

Posted January 14th, 2019 in accidents, appeals, consent orders, costs, news, part 36 offers, road traffic by tracey

‘A deputy district judge’s decision to vary a consent order for costs on the standard basis to apply fixed costs to a claim that started in the portal has been overturned.’

Full Story

Litigation Futures, 14th January 2018

Source: www.litigationfutures.com

Council to keep day centre open after user brings legal proceedings – Local Government Lawyer

Posted December 18th, 2018 in consent orders, learning difficulties, local government, news by sally

‘Birmingham City Council has decided to keep a day centre for vulnerable adults open, after campaigners had threatened legal action over an earlier decision to close the facility.’

Full Story

Local Government Lawyer, 17th December 2018

Source: www.localgovernmentlawyer.co.uk

Consent Orders: Triumph or Disaster? Working towards best practice in reaching consent orders – Family Law Week

Posted September 21st, 2018 in consent orders, families, family courts, news by tracey

‘Following a multi-professional seminar, David Pitcher, Family Court Adviser, Cafcass and Carol Mashembo, barrister, Magdalen Chambers, Exeter with Dr Anna Gough and Sarah Evans consider the issues concerning best practice in consent orders in family proceedings.’

Full Story

Family Law Week, 11th September 2018

Source: www.familylawweek.co.uk

Financial Remedies and Divorce Update, September 2018 – Family Law Week

‘Rose-Marie Drury, Senior Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during August 2018.’

Full Story

Family Law Week, 6th September 2018

Source: www.familylawweek.co.uk

Financial consent orders can now be filed online – Family Law

‘On Monday 6 August 2018 the family courts will take another step towards becoming digital. From that date applications for consent orders in family court financial proceedings can be filed online rather than delivery to a physical court office. For many law firms increasingly geared towards the digital rather than the paper, this is yet further welcome progress.’

Full Story

Family Law, 30th July 2018

Source: www.familylaw.co.uk

The courts’ jurisdiction to vary capital orders – Family Law

‘Family analysis: Clare Williams, associate at JMW Solicitors LLP, examines the limited scope for the variation of capital orders, and diverging judicial views on the jurisdiction of the court to make an interim order for sale, in the case of SR v HR [2018] EWHC 606 (Fam), [2018] All ER (D) 176 (Mar) where an added complication was the bankruptcy of the husband.’

Full Story

Family Law, 20th April 2018

Source: www.familylaw.co.uk

Mediation: a better route to a good settlement? – Family Law

‘The Family Mediation Council (FMC) decided at the beginning of 2017 to put out three questions for consultation:
– Would the role of a mediator as an impartial third party in mediation be jeopardised by that mediator drafting a consent order, once a mediated agreement has been reached?
– Is it possible to draft a consent order without giving advice on its terms?
– Is it appropriate to draft a consent order without giving parties advice on its terms?’

Full Story

Family Law, 22nd December 2017

Source: www.familylaw.co.uk

Lump sum orders under Pt III of MFPA 1984 – Family Law

‘Family analysis: A husband’s appeal succeeded against a lump sum order made in favour of the wife by an English court after the couple agreed a financial consent order in Russian divorce proceedings. Jenny Duggan, associate at Stewarts, examines issues that arose in Zimina v Zimin.’

Full Story

Family Law, 27th October 2017

Source: www.familylaw.co.uk

‘Clumsy’ lawyers risk appeals after judge clarifies family court powers – Law Society’s Gazette

Posted October 17th, 2017 in appeals, consent orders, families, news by tracey

‘A broad interpretation of the family court’s powers risks creating a surge in appeals if “clumsy” lawyers delve into areas beyond their specialism, solicitors fear.’

Full Story

Law Society's Gazette, 16th October 2017

Source: www.lawgazette.co.uk

Finance and Divorce Update, August 2017 – Family Law Week

‘Naomi Shelton, Associate with Mills & Reeve LLP, analyses the news and case law relating to financial remedies and divorce during July 2017.’

Full Story

Family Law Week, 2nd August 2017

Source: www.familylawweek.co.uk

Binding agreements in TOLATA claims – Family Law Week

‘Alexander Chandler, barrister, 1 King’s Bench Walk, considers the law and practice of agreements to settle TOLATA claims.’

Full Story

Family Law Week, 28th July 2017

Source: www.familylawweek.co.uk

Second application for security for costs “not an abuse of process” – Litigation Futures

Posted December 14th, 2016 in abuse of process, consent orders, costs, news by sally

‘A businessman involved in a £132m dispute with property tycoons Nick and Christian Candy has been ordered to provide £5.5m security for costs after the High Court rejected arguments that the application was an abuse of process because the Candys had withdrawn a previous application.’

Full story

Litigation Futures, 13th December 2016

Source: www.litigationfutures.com

Finance and Divorce Update November 2016 – Family Law Week

‘Claire Molyneux, Senior Associate and Naomi Shelton, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during October 2016.’

Full story

Family Law Week, 13th November 2016

Source: www.familylawweek.co.uk

Ordering the would-be undertaker: the equitable reach of the Family Court – Family Law Week

‘Norma Cronin, solicitor at Hughes Fowler Carruthers and Mark Ablett, Senior Paralegal at Hughes Fowler Carruthers and soon to be pupil barrister at 1 Garden Court Family Law Chambers consider the troublesome issue of enforcement of undertakings in financial remedies cases.’

Full story

Family Law Week, 8th July 2016

Source: www.familylawweek.co.uk

Finance and Divorce Update (March 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 February 2016.’

Full story

Family Law Week, 5th March 2016

Source: www.familylawweek.co.uk

Family law: setting aside orders – Law Society’s Gazette

‘On 14 October the Supreme Court (SC) gave judgments in Sharland v Sharland [2015] UKSC 60 and Gohil v Gohil [2015] UKSC 61. Both Mrs Sharland and Mrs Gohil were successful in the respective consent orders being set aside due to significant non-disclosure by their former husbands.’

Full story

Law Society’s Gazette, 7th December 2015

Source: www.lawgazette.co.uk

Finance & Divorce Update November 2015 – 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 October 2015.’

Full story

Family Law Week, 3rd November 2015

Source: www.familylawweek.co.uk

Court of Appeal castigates judge’s conclusion on deprivation of liberty – UK Human Rights Blog

‘This was an appeal against a ruling by Mostyn J in the Court of Protection concerning a consent order between an incapacitated woman, the appellant, and the local authority ([2015] EWCOP 13). The judge had held that the 52 year old appellant, who had been severely incapacitated following surgery, had not been subject to deprivation of liberty contrary to Article 5 of the European Convention on Human Rights by her 24 hour care package. In his view, the test for deprivation of liberty in Cheshire West and Chester Council v P [2014] UKSC 19 did not apply. In paragraph 17 of his judgment Mostyn J remarked that it was impossible to see how the protective measures in place for KW could linguistically be characterised as a “deprivation of liberty”. Quoting from JS Mill, he said that the protected person was “merely in a state to require being taken care of by others, [and] must be protected against their own actions as well as external injury”. At para 25, he said that he found that KW was not “in any realistic way being constrained from exercising the freedom to leave, in the required sense, for the essential reason that she does not have the physical or mental ability to exercise that freedom”.’

Full story

UK Human Rights Blog, 21st October 2015

Source: www.ukhumanrightsblog.com

Court of Appeal allows appeal in deprivation of liberty case, criticises judge – Local Government Lawyer

Posted October 22nd, 2015 in appeals, consent orders, human rights, judges, local government, news by sally

‘The Court of Appeal has allowed an appeal in a case over whether a woman was being deprived of her liberty in her own home, and in the process criticised a High Court judge who maintains that the majority decision in the Supreme Court’s Cheshire West ruling is wrong.’

Full story

Local Government Lawyer, 21st October 2015

Source: www.localgovernmentlawyer.co.uk