‘In Part I of our three-part series of key caselaw updates in contentious wills, Anna Metcalfe discusses the Inheritance (Provision for Family and Dependants) Act 1975.’
Parklane Plowden Chambers, 8th February 2021
Source: www.parklaneplowden.co.uk
‘Naomi Shelton, Associate, Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during December 2020.’
Family Law Week, 21st January 2021
Source: www.familylawweek.co.uk
‘The High Court has awarded five-figure costs midway through family litigation and made the point that the lawyers involved should not be expected to wait for payment.’
Law Society's Gazette, 27th November 2020
Source: www.lawgazette.co.uk
‘Jay Patel, Partner and Polly Atkins, Associate, both of Hunters, highlight the circumstances in which action may need to be taken before the end of the year to protect a client’s interests.
Family Law Week, 19th November 2020
Source: www.familylawweek.co.uk
‘Recent changes to the Family Procedure Rules (FPR) 2010 and views expressed from the bench mean that there has been an increased emphasis upon parties making open offers and seeking to narrow the issues in financial remedy proceedings. Not since the long-lamented demise of Calderbank letters have there been so many cases with clear warnings about costs.’
Law Society's Gazette, 16th November 2020
Source: www.lawgazette.co.uk
‘A court has permitted the correction of an order which accidentally allowed a husband to stop making payments to his ex-wife.’
Law Society's Gazette, 16th November 2020
Source: www.lawgazette.co.uk
‘Charlotte John investigates interim payments under the Inheritance (Provision for Family & Dependants) Act.’
Hardwicke Chambers, 26th October 2020
Source: hardwicke.co.uk
‘Described as “a most unusual case”, the Family Court at the Royal Courts of Justice recently dismissed a forty-one-year-old son’s claim that the “bank of mum and dad” was legally obligated to maintain him. Most court orders for the payment of maintenance of children provide for that obligation to end at the age of 18 or upon the child leaving school. The courts retain jurisdiction to make or vary orders for maintenance of children in limited circumstances, including where there is already a court order in force, to meet expenses in connection with education or training for a trade, profession or vocation, and where the child has expenses attributable to a disability. In FS v RS and JS [2020] EWFC 63, Sir James Munby considered whether the court had jurisdiction in relation to claims under the Matrimonial Causes Act 1973 and the Children Act 1989 and whether jurisdiction under the inherent jurisdiction could be exercised as the Applicant asserted. This is an overview of Munby J’s remarkable judgment in light of an unprecedented proposition upon the court’s traditionally paternal or parental character.’
Transparency Project, 19th October 2020
Source: www.transparencyproject.org.uk
‘A 41-year-old man has failed in a legal bid to force his wealthy parents to continue financially supporting him.’
BBC News, 30th September 2020
Source: www.bbc.co.uk
‘“No one enters litigation simply expecting a blank cheque.” Francis J in WG v HG [2018] EWFC 84. But is this the case, or are we experiencing a new wave of litigants chancing their luck at the roulette wheel? Costs in financial remedy proceedings have come increasingly under the spotlight in recent years, most recently highlighted in some interesting and important commentary by Mostyn J, Francis J and Cohen J as to the manner in which litigation is conducted.’
Family Law, 16th September 2020
Source: www.familylaw.co.uk
‘In July 2019, the Pensions Advisory Group (PAG) published its essential guide to the treatment of pensions on divorce. The report is available on the Nuffield Foundation website. The impact of the report can be seen in the weight attached to it in three recent decisions concerning the treatment of pensions on divorce.’
Law Society's Gazette, 20th July 2020
Source: www.lawgazette.co.uk
‘Sue Brookes Principal Associate, Family Lawyer, Collaborative Lawyer and Mediator for Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during July 2020.’
Family Law Week, 13th July 2020
Source: www.familylawweek.co.uk
‘This appeal concerned the jurisdiction of an English court to make a maintenance order in favour of the wife (“W”) pursuant to s.27 of the Matrimonial Causes Act 1973 (“MCA”) in circumstances where the parties lived for most of their marriage in Scotland and the divorce proceedings issued by the husband (“H”) were conducted in Scotland.’
Blackstone Chambers, 1st July 2020
Source: www.blackstonechambers.com
‘The potential short and longer-term consequences of the COVID-19 crisis upon the global and national economy are now well-known. Financial remedy practitioners have been anticipating a number of queries from clients potentially seeking to make an application to set aside their concluded financial settlements, because of the effect current events have had or may have upon their finances. Questions therefore arise about whether or not the effects of COVID-19 are capable of being treated as a Barder Event by the family courts, and thus to act as a basis to revisit final financial remedy orders.’
Thomas More Chambers, 6th July 2020
Source: www.thomasmore.co.uk
‘Ever since the well-known case of Ilott v The Blue Cross and others [2017] where an adult child was awarded £50,000 from her mother’s estate (notwithstanding their estrangement), practitioners are regularly approached by adult children in order to claim from an estranged relative’s inheritance. There is often reference to a “10% rule” based on what was awarded in Ilott.’
St Ives Chambers, 3rd July 2020
Source: www.stiveschambers.co.uk
‘The Family Procedure Rule Committee (FPRC) has announced a stakeholder consultation on making the general enforcement application procedure (for the enforcement of family financial orders) more effective. The consultation follows the Law Commission’s report in December 2016 on the enforcement of family financial orders.’
Family Law, 1st July 2020
Source: www.familylaw.co.uk
‘Four single mothers have told the government they are seeking a judicial review into unpaid child maintenance.’
BBC News, 24th June 2020
Source: www.bbc.com
‘The issue of pensions in financial remedy proceedings is a complex area and has been subject to much change over the years. As many of you will be aware, the Pension Advisory Group (“PAG”) published a comprehensive report, “A Guide to the Treatment of Pensions on Divorce” in July 2019. It was a much-welcomed publication that provided definitive guidance on the approach to pensions in financial remedy proceedings.’
Becket Chamber, 11th June 2020
Source: becket-chambers.co.uk
‘This article considers a recently-handed down case making financial provision for children where one was over the age of 18 at the time of making the application and another child was over 18 at the time of judgment and compares the position with that in Italy, where provision for children can include adult children as a matter of course.’
Pump Court Chambers, 11th May 2020
Source: www.pumpcourtchambers.com
‘Jack Rundall considers the case of W v H (divorce financial remedies) [2020] EWFC B10 in relation to the treatment of pensions on divorce, a case which he suggests is being under-reported amongst the concerns surrounding Covid 19.’
Pump Court Chambers, 1st May 2020
Source: www.pumpcourtchambers.com
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