News & Events: August 2015
Harvey Proctor’s accusers are making sure he will never get a fair trial
Matthew Scott discusses the accusations made against former Tory MP Harvey Proctor and the actions of Exaro News in his latest article for the Telegraph. To read the artcile in full please click here.
Revocation of adoption orders: As rare as hen’s teeth?
Once a child is adopted this severs all legal ties with the birth family and establishes a new legal relationship with the adopters family. Often these adoptions are considered to be enabling the child to be a part of a forever family. However, the law allows for applications for revocation of the Adoption Order, but […]
Variation of undertakings in financial remedy orders
Undertakings in financial remedy orders are commonplace but the recent case of Birch v Birch [2015] EWCA Civ 833 explored the issue of the court’s jurisdiction to vary undertakings on application. The facts were fairly simple. The Wife obtained a transfer of the family home and gave undertakings to the court to use her best […]
The practical impact of the decision in Ilott v Mitson & Ors
The Court of Appeal handed down its judgement in the case of Ilott v Mitson [2015] EWCA Civ 797 to much publicity in the media in July. What should practitioners make of it? Victoria Ellis discusses in her latest article for LawSkills. To view the article in full please click here.
IPFD claims and “maintenance” needs – a look at current developments
The concept of maintenance lies at the heart of the Inheritance (Provision for Families and Dependants) Act 1975. For anyone other than a spouse, the standard of financial provision is that which is reasonably required for the Applicant’s maintenance. It is of course a concept which has its roots in matrimonial law and developments in […]
A bad day at the office, or when intervention is too much intervention
The finding of fact hearing that was the subject of a recent appeal in Re G (A Child) [2015] EWCA Civ 834 puts into perspective what advocates (and indeed judges) may count as a “bad day at the office”. The facts are in many ways irrelevant, but to give a little context: this was a […]
Re H (Children) [2015] EWCA Civ 583
The case arose from public law family proceedings relating to a family of four children, whose mother was unable to care for them due to mental illness. The Father cared for all four children prior to the proceedings, however, the local authority had concerns that he was unable to cope and applied for a full […]
Successfully appealing a well-reasoned interim order
The recent Court of Appeal case of Re B (a child) (2015) is a reminder of the difficultly in successfully appealing a well-reasoned interim order. In this case the appellant father appealed against an order that his six-year-old son (B) should return to live with the respondent mother pending an investigation into B’s allegations. B’s […]
