Potential use of share options in divorce settlements – Family Law

Posted January 17th, 2019 in divorce, families, financial dispute resolution, news, shareholders by tracey

‘In this article, Trevor Slack, a partner at Griffins and former principal at Charles River Associates, discusses an approach that may be taken in valuing a family business in divorce proceedings.’

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Family Law, 16th January 2019

Source: www.familylaw.co.uk

Is it enough for the Court to make an order when a child does not want to see his mum or dad? – Family Law

Posted January 15th, 2019 in children, families, news, residence orders by tracey

‘When we explain the potential stages of private children proceedings to concerned parents, some roll their eyes, sigh, cry and ultimately get frustrated at not only the length of the process and the costs, but also the fact that because the child says he does not want to see one parent, the proceedings don’t come to an automatic halt, according to Rebecca Ranson, solicitor at Maquire Family Law.’

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Family Law, 15th January 2019

Source: www.familylaw.co.uk

Homeless family ‘can’t use £500,000 trust fund’ – BBC News

‘A woman awarded £500,000 after being left with severe physical and mental disabilities is homeless after her mother was barred from buying them a home with the money.’

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BBC News, 14th January 2018

Source: www.bbc.co.uk

Opinion: Why do we separate the mother and child victims of domestic abuse? – Family Law

Posted January 14th, 2019 in children, domestic violence, families, news, social services, statistics, victims by tracey

‘Domestic abuse hurts children, whether they are the direct target, or find themselves witness to warfare in their home. The latest government figures show that half of all children assessed as needing social services support are in that plight through domestic abuse – and when social workers feel a child is no longer safe at home, they can be removed into the care system. This means being taken away from their mothers – typically the victim in all this. But she’s not usually the one being violent. Most often, it’s the children’s father or stepfather who is. As rates of reported domestic abuse soar – incidents sufficiently serious to be recorded by police as crimes rose 5% between 2016 and 2017, according to the Office for National Statistics – it’s estimated by the charity Safe Lives that 130,000 children live in households with “high‑risk” domestic abuse. So why are victims investigated by social services, rather than the perpetrators who cause such physical and mental harm?’

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Family Law, 14th January 2018

Source: www.familylaw.co.uk

Financial Remedy & Divorce Update, January 2019 – Family Law Week

‘Rose-Marie Drury, Senior Associate, and Sue Brookes, Principal Associate, Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during December 2018.’

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Family Law Week, 11th January 2018

Source: www.familylawweek.co.uk

Man wrong to think kisses in estranged wife’s texts were ‘flirtatious’, judge rules – The Independent

Posted January 14th, 2019 in bills, divorce, domestic violence, families, family courts, news, telecommunications by tracey

‘A woman who ended text messages with a kiss was not being “flirtatious” with her estranged husband, a judge has ruled.’

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The Independent, 13th January 2018

Source: www.independent.co.uk

Exhumation and reburial of alleged sexual abuser: Re the Cremated Remains of AA – Law & Religion UK

‘The issue of the permanence of Christian burial and the circumstances in which, exceptionally, exhumation and reinterment of remains might be authorised by faculty has arisen once again in Re St X, the Cremated Remains of AA [2018] ECC Lic 7.’

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Law & Religion UK, 9th January 2019

Source: www.lawandreligionuk.com

Was this woman wrongly convicted of murder? – BBC News

Posted January 10th, 2019 in domestic violence, families, mental health, miscarriage of justice, murder, news, women by sally

‘Emma-Jayne Magson stabbed her partner with a steak knife then left him to bleed to death. Yet her family believes her murder conviction was a miscarriage of justice. Why?’

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BBC News, 10th January 2019

Source: www.bbc.co.uk

Church of England orders remains of alleged paedophile to be exhumed as family members don’t want to be buried alongside him – Daily telegraph

‘The Church of England has ordered the remains of an alleged paedophile to be exhumed after living family members said they do not wish to be buried alongside him.’

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Daily Telegraph, 7th January 2019

Source: www.telegraph.co.uk

Court of Appeal rejects appeal by mother over aftercare services and day trip expense – Local Government Lawyer

Posted January 7th, 2019 in detention, expenses, families, local government, mental health, news by sally

‘The Court of Appeal has rejected a claim by a mother that a council and a clinical commissioning group were required under s.117 of the Mental Health Act 1983 to meet her travelling expenses for a 240-mile round trip to see her son on day trips out of the mental hospital where he is detained.’

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Local Government Lawyer, 3rd January 2019

Source: www.localgovernmentlawyer.co.uk

Who gets the children at Christmas? – Family Law

Posted December 20th, 2018 in children, custody, divorce, families, holidays, news by tracey

‘For many families, Christmas is a happy time of year. But for those who may be newly separated, it can be a time of heartbreak. This leads to the very important question – who gets the children at Christmas? Monica Blizzard, a director of KHQ Lawyers and head of the family and relationship law team, looks at the details.’

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Family Law, 19th December 2018

Source: www.familylaw.co.uk

Girl starved of oxygen at birth gets £22m compensation from hospital – BBC News

Posted December 13th, 2018 in birth, children, compensation, disabled persons, families, hospitals, negligence, news, pregnancy by tracey

‘A girl starved of oxygen during birth who needs 24-hour care has been awarded compensation totalling £22m.’

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BBC News, 12th December 2018

Source: www.bbc.co.uk

Solicitor’s conviction for neglecting mother quashed – Legal Futures

Posted December 12th, 2018 in elderly, families, mental health, news, sentencing, wilful neglect by sally

‘The Court of Appeal has quashed a jail sentence of two and a half years imposed on a solicitor, who specialised in care for the elderly, for neglecting her mother.’

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Legal Futures, 12th December 2018

Source: www.legalfutures.co.uk

High Court to scrutinise restrictions on areas where P has capacity – Doughty Street Chambers

Posted December 11th, 2018 in autism, consent, Court of Protection, families, learning difficulties, news by sally

‘Mr Justice Hayden has handed down a judgment concerning LC, a young woman with autism and significant learning disabilities. During the course of proceedings which had lasted five years LC was assessed as having capacity to consent to sexual relations, marry, and make decisions about contraception; but to lack the capacity to make other decisions such as to conduct the proceedings, make decisions about her residence and about her contact with men. As a facet of LC’s autism she was preoccupied with seeking out sexual encounters and a care plan was formulated which permitted LC to have unsupervised contact with others. As the judge observed with “the enormous benefit of hindsight” this led to LC’s safety and dignity being compromised and placed an intolerable burden on those supervising her. The plan attracted significant public criticism. LC now resides in a care home but is able to spend time with her husband. In a sensitive judgment Hayden J endorsed LC’s treatment plan and directed a report from a female clinical psychologist, noting the obligation under the Mental Capacity Act to take steps to promote decision making capacity.’

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Doughty Street Chambers, 6th November 2018

Source: insights.doughtystreet.co.uk

Restore legal aid for separating couples, MoJ urged – Law Society’s Gazette

Posted December 11th, 2018 in budgets, consultations, divorce, families, legal aid, news by sally

‘Digitising the divorce application process and hoping for the best isn’t enough to reform the legal requirements for splitting up, the Law Society has warned, telling the government to restore legal aid so that separating couples can receive early advice.’

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Law Society's Gazette, 11th December 2018

Source: www.lawgazette.co.uk

Anonymisation Guidance – a curtain of secrecy? – Transparency Project

‘The President of the Family Division, Sir Andrew MacFarlane issued some guidance last week on the anonymisation of published judgments in family court cases.’

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Transparency Project, 10th December 2018

Source: www.transparencyproject.org.uk

Case Comments: KO (Nigeria) v Secretary of State for the Home Department [2018] UKSC 53 and Rhuppiah v Secretary of State for the Home Department [2018] UKSC 58 – UKSC Blog

‘ECHR, art 8 prevents someone from being removed from the UK where doing so would have a disproportionate impact on their private life and/or family life. Where a migrant seeks to rely on art 8, it is accordingly necessary for the Home Office, or on appeal the First-tier Tribunal, to conduct a balancing exercise between the individual’s private and family life rights on the one hand and the ‘public interest’ on the other.’

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UKSC Blog, 4th December 2018

Source: ukscblog.com

Government-commissioned review recommends legal aid for bereaved families – Law Society’s Gazette

‘The government has announced that it will introduce a new mental health bill following today’s publication of the findings of an independent review into the Mental Health Act 1983. However it is silent on the review’s recommendation that bereaved families should receive non-means tested legal aid – despite already pledging to accept two other recommendations.’

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Law Society's Gazette, 6th December 2018

Source: www.lawgazette.co.uk

Workshy dairy farmer son who ‘hates cows’ loses out on £1m inheritance – Daily Telegraph

Posted November 29th, 2018 in agriculture, families, news, wills by tracey

‘A dairy farmer’s workshy son who “hated the herd” and “made cows nervous” will be thrown out of his home after losing a High Court claim to inherit his parents’ £1million farm.’

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Daily Telegraph, 29th November 2018

Source: www.telegraph.co.uk

Women launch legal challenge to ‘irrational’ universal credit system – The Guardian

Posted November 28th, 2018 in benefits, budgets, debts, families, news by tracey

‘Four women have launched a high court legal challenge to universal credit, arguing that an arbitrary design flaw in the payment system for the new benefit is “irrational and discriminatory” and leaves some families hundreds of pounds a year worse off.’

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The Guardian, 27th November 2018

Source: www.theguardian.com