Financial Provision for Adult Children: What Constitutes a ‘Special Circumstance’ under Schedule One after UD v DN [2021] EWCA Civ 1947, [2021] 1 WLR 595 – Family Law Week

Posted April 11th, 2022 in appeals, children, divorce, families, financial provision, news, trusts by tracey

‘Zoe Harrison, pupil barrister at One King’s Bench Walk, explores Moylan LJ’s judgment and its focus on the importance of dependence.’

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Family Law Week, 29th March 2022

Source: www.familylawweek.co.uk

Testamentary Capacity: Hughes v Pritchard in the Court of Appeal – St John’s Buildings

Posted April 8th, 2022 in appeals, chambers articles, evidence, expert witnesses, families, news, probate, wills by sally

‘In Hughes v Pritchard and others [2022] EWCA Civ 386, the Court of Appeal overturned the decision of the trial judge in a probate claim (see Hughes v Pritchard and others [2021] EWHC 1580 (Ch)) that a testator lacked testamentary capacity, concluding that the judge’s findings on that subject were “not open to him on the evidence”.’

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St John's Buildings, 4th April 2022

Source: stjohnsbuildings.com

Family Law Newsletter #57 – Spire Barristers

Posted April 8th, 2022 in chambers articles, families, family courts, news by sally

‘Issue #57 of Spire Barristers’ Family Law Newsletter: edited by Gemma Carr and Georgina Dalton; news and Case Reviews by Eleanor Suthern.’

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Spire Barristers, 31st March 2022

Source: spirebarristers.co.uk

Reproductive coercion and control in contact cases in the family courts – Law Pod UK

‘Clare Ciborowska and Richard Ager, both family law experts from the Brighton Annexe of 1 Crown Office Row, talk about the difficult subject of reproductive coercion where such allegations arise in child contact cases. Presented by Rosalind English.’

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Law Pod UK, 7th April 2022

Source: audioboom.com

The boundaries of blessing applications – Re XYZ Trusts [2022] SC (Bda) 10 Civ – Wilberforce Chambers

Posted April 7th, 2022 in chambers articles, families, news, trusts by sally

‘The hearing dealt with a blessing application made by trustees in connection with the restructuring of the trust funds. of some 23 settlements between sub-funds in which separate branches of a larger family would then be beneficially interested. By the time of the hearing, the objections were limited to part of one of the three branches (“the Objectors”) on the basis that the new structure would not have sufficient liquidity.’

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Wilberforce Chambers, 31st March 2022

Source: www.wilberforce.co.uk

Judge gives guidance on care cases where parent has learning disability – Local Government Lawyer

‘A Family Court judge has given guidance on care cases where a parent has a learning disability, after deciding that a 17-month-old boy known as Child H should be the subject of a care order pending adoption because of his parents’ inability to care for him.’

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Local Government Lawyer, 7th April 2022

Source: www.localgovernmentlawyer.co.uk

Russell Marsh guilty of estranged wife Jade Marsh’s murder – BBC News

Posted April 7th, 2022 in domestic violence, families, married persons, murder, news by sally

‘A man has been found guilty of murdering his estranged wife a week after she ended their relationship.’

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BBC News, 6th April 2022

Source: www.bbc.co.uk

No-Fault Divorce: Who’s to blame? – 33 Bedford Row

Posted April 6th, 2022 in chambers articles, divorce, families, married persons, news by sally

‘Today [5 April], the long-awaited Divorce, Dissolution and Separation Act 2020 has finally come into force, and in this article, we look at what this will mean for divorce applications going forward.’

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33 Bedford Row, 5th April 2022

Source: www.33bedfordrow.co.uk

Separated Parents: Sharing Parental Responsibility – Becket Chambers

‘Thankfully, most parents who go through the challenges of separation do manage to co-parent and make joint decisions regarding the upbringing of their child or children. Sadly, this is not always the case. The family courts see a large number of cases where in the context of custody or contact disputes, the right to make decisions can become part of the battle ground. The disputes can range from the significant to the relatively trivial.’

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Becket Chambers, 1st April 2022

Source: becket-chambers.co.uk

No-fault divorce: rush expected as new law introduced in England and Wales – The Guardian

Posted April 4th, 2022 in divorce, families, married persons, news by sally

‘Lawyers are expecting a surge in applications from separating couples when no-fault divorce is introduced in England and Wales on Wednesday.’

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The Guardian, 3rd April 2022

Source: www.theguardian.com

Shrewsbury maternity report: Uncovering the biggest NHS maternity scandal – BBC News

‘A damning report this week revealed the catastrophic failings at an NHS trust, where at least 201 babies and nine mothers might have survived with better maternity care. Michael Buchanan has led the BBC’s investigation into the scandal and first reported concerns five years ago, but he says he’s not done in Shrewsbury yet.’

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BBC News, 2nd April 2022

Source: www.bbc.co.uk

Court of Appeal allows appeal over placement order after judicial analysis “fell significantly short” – Local Government Lawyer

‘The Court of Appeal has overturned a decision to make a placement order for an 18-month-old boy after finding that the judicial analysis “fell significantly short”.’

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Local Government Lawyer, 31st March 2022

Source: www.localgovernmentlawyer.co.uk

Shropshire baby deaths: The harrowing stories that informed the inquiry – The Independent

‘Investigator Donna Ockenden’s team has recorded the harrowing stories of children and mothers dying at the hands of the Shrewsbury and Telford Hospital NHS Trust.’

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The Independent, 30th March 2022

Source: www.independent.co.uk

Overseas pensions and divorce – Family Law

‘Pensions can make up a significant proportion of family assets and should be fully taken into account when financial matters are dealt with during a divorce. Where a couple with UK pensions divorce in England, the court can make various orders to deal them. Most commonly, a pension sharing order is made hiving off a portion of one party’s pension and giving it to the other. However, where there are pension assets overseas or a divorce overseas and pension assets in the UK, the situation is more complex. There are two angles that need to be considered:
Can an overseas pension be shared in a divorce in England & Wales; and Can a UK pension be shared in an overseas divorce.’

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Family Law, 28th March 2022

Source: www.familylaw.co.uk

Inquiry investigates deaths of 1,500 NHS mental health patients in Essex – The Guardian

Posted March 28th, 2022 in bereavement, families, inquiries, medical treatment, mental health, news, suicide by tracey

‘The first inquiry of its kind held in England is investigating the deaths of 1,500 people who died while being cared for as patients of NHS mental health services in Essex.’

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The Guardian, 28th March 2022

Source: www.theguardian.com

The Court of Protection and transparency – Local Government Lawyer

‘Lauren Gardner analyses a Court of Protection ruling on whether proceedings in relation to a 21-year-old woman should be open to the public and whether the judgment should be published.’

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Local Government Lawyer, 25th March 2022

Source: www.localgovernmentlawyer.co.uk

Dubai ruler to have no direct contact with two children after UK court battle – The Guardian

‘The ruler of Dubai will have no face-to-face contact with his two children from his marriage to Princess Haya nor any substantive say in their upbringing, after a long-running court battle between the former couple and a series of damning judgments about his “abusive behaviour”.’

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The Guardian, 24th March 2022

Source: www.theguardian.com

Manchester Arena attack: Mum wants right to register son’s death – BBC News

‘The mother of a teenager murdered in the Manchester Arena bombing is campaigning for the right to register the death of her child. Caroline Curry, whose 19-year-old son Liam died, urged the home secretary to “look in her heart” and change the law. Current legislation prevents family members from registering the deaths of loved ones who are the focus of inquests or public inquiries.’

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BBC News, 25th March 2022

Source: www.bbc.co.uk

Wavertree man jailed for murdering partner next to baby – BBC News

Posted March 23rd, 2022 in domestic violence, families, imprisonment, murder, news, sentencing by sally

‘A man who strangled his girlfriend and left her body beside their sleeping baby has been jailed for her murder.’

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BBC News, 22nd March 2022

Source: www.bbc.co.uk

Immigration DNA testing: supporting an application with DNA evidence – Family Law

Posted March 22nd, 2022 in citizenship, DNA, evidence, families, immigration, news by tracey

‘Casey Randall, Head of DNA at AlphaBiolabs, explores what family law professionals need to know about DNA testing for immigration purposes, including when a client might wish to submit DNA evidence, and which relationship tests are best for immigration applications.’

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Family Law, 18th March 2022

Source: www.familylaw.co.uk