Evidence, Practice and Procedure: Estoppel and strike out - bars to re-litigation

"Abuse of process and its related issue estoppel, have been before family courts in reported decisions on at least three occasions in the past six months" says David Burrows.

Full article: Family Law

Divorcing a bankrupt, Part II: where insolvency law meets financial remedies

Henry Clayton of 4 Paper Buildings outlines the consequences where a party to financial remedy proceedings becomes bankrupt after the making of a final order.

Full article: Family Law Week

View from the President's Chambers 3

The process of reform : expert evidence

Full article: Judiciary of England & Wales (PDF).

Samantha Bangham’s Week in Cases 28 June 2013

Samantha Bangham looks at the week's case highlights.

Full article: Family Law

The End of the Open Road

Robin Charrot looks at the Supreme Court's judgment in Prest (Appellant) v Petrodel Resources Limited & Others (Respondents) [2013] UKSC 34.

Full article: Family Law

Important judgment on freezing orders & ex parte orders commented on by David Partington

Freezing orders, without notice applications and evidence obtained in breach of confidence – a salutary reminder.

Full article: Sovereign Chambers

Rule 25.1 and the President's Guidance in H-L - A 'necessary' evil?

Christopher Rank, barrister, of Cornwall Street Chambers considers expert evidence, rule 25.1 of the FPR and The President’s recent guidance in Re H-L (A Child).

Full article: Family Law Week

Technology creates 24/7 duty of care on lawyers to respond to clients

"Technology has transformed the way in which lawyers across the world conduct their work." Says David Hodson.

Full article: Family Law

Samantha Bangham’s Week in Cases 21 June 2013

Samantha Bangham looks at the week's case highlights.

Full article: Family Law

Children: Private Law update (May 2013)

Alex Verdan QC of 4 Paper Buildings considers three important recent judgments in Children private law proceedings.

Full article: Family Law Week

Prest v Petrodel Resources Limited 2013 UKSC 34 a victory for common sense

"In summary, the Supreme Court (comprising Lords Neuberger, Walker, Mance, Clarke, Wilson, Sumption and Lady Hale) has unanimously upheld the wife’s appeal and found that the Respondent group of companies held the assets on trust for the Husband. The assets therefore constitute property to which the husband is “entitled, either in possession or reversion” for the purposes of section 24(1)(a) MCA."

Full article: Zenith Chambers

The Supreme Court grasps the nettle in Prest v Petrodel Resources Ltd

“On 12th June 2013, the Supreme Court delivered judgment in the eagerly anticipated appeal in Prest v Petrodel Resources Limited [2013] UKSC 34. For the second time this year, the Supreme Court has had to grapple with the circumstances in which it is appropriate to pierce the corporate veil, the previous decision being that of VTB Capital plc v Nutritek International Corp [2013] 2 WLR 398 (a case in which a number of 11 SB members were involved). Unlike in VTB Capital, however, this time the Supreme Court grasped the nettle and gave some practical guidance as to the reach and limitations of the doctrine.”

Full article: 11 Stone Buildings (PDF)

Sir Mark Hedley: The judge who opened the doors to Britain’s most secretive court

Sir Mark Hedley decided that the public should know about the judiciary’s highly sensitive rulings. He tells Emily Dugan why.

Full article: The Independent

Re B (A Child) – Social Engineering or Proportionate Response to Risk of Future Harm?

Janet Bazley QC and Eleri Jones of 1 Garden Court consider the Supreme Court’s decision in Re B (A Child) [2013] UKSC 22.

Full article: Family Law Week

Changes to public law

The pressures on the public purse as much as those of the present Conservative government have brought about yet more radical changes to public law proceedings.

Full article: Law Society Gazette

Samantha Bangham’s Week in Cases 14 June 2013

Samantha Bangham looks at the week's case highlights.

Full article: Family Law

Stripping Away the Veil of Deceit: Prest v Petrodel

John Wilson QC of 1 Hare Court analyses the Supreme Court’s judgment in the landmark case of Prest v Petrodel and considers its implications for family lawyers.

Full article: Family Law Week

Care Proceedings: the Operation and Effect of Pre-Proceedings – What do lawyers need to know?

Professor Judith Masson, School of Law University of Bristol, and Dr Jonathan Dickens, Centre for Research on Children and Families, University of East Anglia, explain the lessons learned for future practice from research conducted into the use of the pre-proceedings process in care cases.

Full article: Family Law Week

The Supreme Court deploys its Stinger, but does not piece the corporate veil

"Today's decision by the Supreme Court in Petrodel v Prest puts reality back into an important area of family law." Says Jeremy Posnansky QC.

Full article: Family Law

Legal services orders

Since 1 April the family courts have had the power to make a legal services order, which is a new form of interim order compelling one spouse to make provision for the other’s legal costs.

Full article: Law Society Gazette

Disclosure of confidential information: public interest immunity

David Burrows looks back at Durham County Council v Dunn [2012] EWCA Civ 1654.

Full article: Family Law

Finance and Divorce June 2013 update

Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in May.

Full article: Family Law Week

Samantha Bangham’s Week in Cases 7 June 2013

Samantha Bangham looks at the week's case highlights.

Full article: Family Law

The Revised Public Law Outline .... and this time they mean it

Andrew Pack, care lawyer with Brighton & Hove City Council, explains and comments on the changes made by the recently published Revised Public Law Outline.

Full article: Family Law Week