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.’

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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.’

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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.’

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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.’

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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?’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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”.’

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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.’

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Local Government Lawyer, 21st October 2015

Source: www.localgovernmentlawyer.co.uk

Williams v Law Society of England and Wales – WLR Daily

Williams v Law Society of England and Wales [2015] EWHC 2302 (Ch); [2015] WLR (D) 360

‘Where an intervention took place into a solicitor’s practice and a resolution was made under paragraph 6 of Schedule 1 to the Solicitors Act 1974 for the vesting of moneys in connection with the solicitors current or former practice, it was moneys connected with that solicitor’s activities as a solicitor which vested in the Society.’

WLR Daily, 30th July 2015

Source: www.iclr.co.uk

Go away! – Nearly Legal

‘A curious case on the effect of a s.198 Housing Act 1996 referral of a homeless applicant to another Authority.’

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Nearly Legal, 21st June 2015

Source: www.nearlylegal.co.uk

CS v ACS and another – WLR Daily

CS v ACS and another [2015] EWHC 1005 (Fam); [2015] WLR (D) 171

‘The final sentence in paragraph 14.1 of Practice Direction 30A supplementing FPR Pt 30, stating that a consent order made by a district judge could be challenged only by way of an appeal, encroached on the right of a litigant in certain circumstances to apply to the court without first obtaining permission and was therefore ultra vires and should be treated as a nullity.’

WLR Daily, 16th April 2015

Source: www.iclr.co.uk