A Theory of Everything – Special Contributions in Matrimonial Finance

Joshua Viney of 1 Hare Court considers the problem of identifying those cases where a contribution will be treated as “special” and analyses the relevant case law.

Full article: Family Law Week

Surrogacy Law Update (February 2015)

Andrew Powell, barrister of 4 Paper Buildings, reviews recent important judgments concerning surrogacy including the President's landmark decision in Re X.

Full article: Family Law Week

Predicting the remedy in a proprietary estoppel claim: which route home?

On what basis can the likely remedy in a proprietary estoppel claim be predicted?

Full article: Family Law

The notion of shared care and its place within the new regime

Practitioners considering the judgment of Lord Justice MacFarlane in M (A Child) [2014] EWCA Civ 1755 may note with interest his comments on the notion of shared care and the place that it has (or perhaps more accurately, does not have) within the new legislation.

Full article: Family Law

Are spousal periodical payments for life of just for Christmas?

Disputes over spousal maintenance can often be the main bar to parties reaching a settlement on divorce.

Full article: Family Law

Mediation Matters: Over-generous funding ‘doubles up’ on existing provision

An evaluation is promised in the spring, but whispers so far seem to suggest a taxpayer-funded Cafcass pilot scheme might not prove a towering value-for-money success.

Full article: Family Law

International Children Law Update: February 2015

Jacqueline Renton, barrister of 4 Paper Buildings, reviews the latest key decisions in international children law.

Full article: Family Law Week

Parental orders and Goldilocks

The Human Fertilisation and Embryology Act 2008 set up provisions for people who have entered into a surrogacy agreement to obtain a parental order, giving them legal rights.

Full article: Family Law

Finance & Divorce Update February 2015

Jessica Craigs, senior solicitor of Mills & Reeve LLP analyses the financial remedies and divorce news and cases from January 2015.

Full article: Family Law Week

Mitochondrial Donation

Professor Nils Hoppe and Katy Rensten, both of Coram Chambers, look at the House of Commons debate and the proposed regulations concerning mitochondrial donation and argue for a serious and measured consideration of this important development.

Full article: Family Law Week

Something must be done – will a partial return to Calderbank fit the Bill (or at least reduce it)?

Tom Wilson, pupil at 1 Garden Court Family Law Chambers, examines the possibility of a partial re-introduction of the Calderbank offer.

Full article: Family Law Week

The Rise and Rise of Damages in Human Rights Claims

Julie Stather, barrister of Westgate Chambers, considers the development of claims for damages arising from breaches of human rights in care proceedings.

Full article: Family Law Week

View from the Foot of the Tower: If I was a sculptor, but then again no

Has case law in family cases been helpful for families, or is it largely a waste of time?

Full article: Family Law

Judiciary continues to clamp-down on non-compliance

Recent cases have shown an increasing dissatisfaction amongst the judiciary with non-compliance with court orders.

Full article: Family Law

Schedule 1 to The Children Act 1989: Not Just for Wags

Anita Mehta, barrister of Crown Office Row, Brighton, argues that Schedule 1 to the Children Act 1989 applications should not be regarded as the domain of footballers’ girlfriends or the uber-wealthy but as a powerful tool for meeting children’s needs in a wide variety of cases.

Full article: Family Law Week

“Nowadays not all law can be simple law; but the best law remains simple law”

Christopher Hames and Dorothea Gartland, of 4 Paper Buildings, & Nina Hansen, a partner of Freemans Solicitors, consider the important Court of Appeal judgment in Re M (Republic of Ireland) (Children’s Objection) (Joinder of Children as Parties).

Full article: Family Law Week

Case management of children proceedings

Judicial caution on final case management hearing orders.

Full article: Family Law

View from the Foot of the Tower: Largely illusory – leave to oppose adoption

It is easy to forget, 18 months on, that Re B-S was fundamentally a case dealing with an appeal from a judge’s refusal to grant a mother leave to oppose an adoption application.

Full article: Family Law