Madame Le Guillotine and the law of unintended consequences

The 26 week period to resolve care proceedings, particularly if it is a cap, or guillotine, rather than an aspiration or target, won’t work.

Full post: suesspiciousminds

Aspden v Elvy: Ascertaining the common intention

The recent case of Aspden v Elvy [2012] EWHC 1387 (Ch) is an example of the application of the principles in Jones v Kernott.

Full post: Family Lore

Is it wrong to profit from divorce litigation?

There are some intriguing developments in the financing of divorce cases at the moment.

Full post: Law Society Gazette News blog

In the Jingle, Djangoly morning, I come following you…

The Parliamentary Justice Committee met recently, and if you’re a fan of conspiracy and outrage the debate makes for entertaining reading...

Full post:  suesspiciousminds

The cost of bankruptcy in family proceedings

The recent case of Hayes v Hayes concerned a bankrupt husband who sought to be released from a debt that had arisen from a costs order made in family proceedings.

Full post: Marilyn Stowe Blog

S (A Child) and B (A Child): Too much haste...

We are always being reminded these days of the need to reduce delay in proceedings concerning children. However, two cases reported on Family Law Week yesterday serve as reminders that there can be such a thing as too much haste.

Full post: Family Lore

Gold Band : Gold Standard?

This weekend I listened to Coleridge J talk about his Marriage Foundation at the FLBA Cumberland Lodge weekend.

Full post: Pink Tape

Lilleyman v Lilleyman: a question of costs

Lilleyman v Lilleyman was an interesting case, explored in depth in the last post, in which a widow argued that her reasonable needs had not been met in her late husband’s will.

Full post: Marilyn Stowe Blog

Lilleyman v Lilleyman: spouses and the Inheritance Act

This blog receives many queries from people who are left stranded after the death of a family member, particularly a partner or spouse.

Full post: Marilyn Stowe Blog

Sour Note for Military (ex)wives

Public sector pensions have been in the news a lot recently. Strangely we have not seen any coverage of a problem faced by some military ex-wives (and civil partners?).

Full post: The Ancillary Actuary

CKFT v Minkin: counting the costs and the lessons learned

The subject of costs has long been a thorny issue in law and a recent case perfectly illustrates the complexities involved, highlighting both the proper recourse open to disgruntled clients and the often fragile interplay between measuring actual service provided by a solicitor against the initial estimate provided at the outset.

Full post: Marilyn Stowe Blog

Geary v Rankine: how a cohabiting couple’s assets are divided

The recent case of Geary v Rankine [2012] EWCA Civ 555 involved a relationship that lasted from 1990 to 2009.

Full post: Marilyn Stowe Blog

W-B (A Child): The complexities of jurisdiction

The recent case of W-B (A Child) [2012] EWCA Civ 592 demonstrates some of the complexities of resolving jurisdictional issues within the United Kingdom.

Full post: Family Lore

LASPO: Changes to the MCA

My thanks to ObiterJ of Law and Lawyers for reminding me today that the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (as it unfortunately now is) makes certain changes to the Matrimonial Causes Act 1973 and the Civil Partnership Act 2004.

Full post: Family Lore

A County Council v M and F 2011

Although judgment was given in this case in 2011, following a finding of fact hearing in the summer of that year, the judgment has only recently been published.

Full post:  suesspiciousminds

The Marriage Foundation: playing devil’s advocate

The Marriage Foundation was launched by Sir Paul Coleridge earlier this week, and this experienced High Court judge is the organisation’s obvious champion.

Full post: Marilyn Stowe Blog

The problem of the hanged man

The 26 week time cap for new proceedings has been brought in, without fanfare, hullaballoo, announcement or even legislation.

Full post:  suesspiciousminds

“Returning home from care” – an analysis of the NSPCC research on rehabilitation of looked after children

The NSPCC have published their research into outcomes for looked after children who are rehabilitated to the care of their parents.

Full post:  suesspiciousminds