On 26 September the Supreme Court gave judgement In the matter of D (A Child)  UKSC 42. The case considers the scope of parental responsibility to consent to the living arrangements for children which would otherwise amount to a deprivation of liberty. By way of background, D was born in 1999. He was diagnosed […]
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Entries by William Hillier
Last week the Court of Appeal gave judgement in Re B (A child)  EWCA Civ 20 this was an unusual but interesting adoption case where the court had to weigh up the importance of a potential relationship with a full sibling who had already been adopted against placement with a family member. The proceedings […]
In White v White  1 AC 596 the House of Lords established what has become a principle that the matrimonial assets of a divorcing couple should normally be shared between them on an equal basis. The Court of Appeal delivered judgement this week in the case of Sharp v Sharp  EWCA Civ 408 in which […]
It is widely recognised that the decision of the Supreme Court in the Cheshire West case has resulted in an increased case-load for the Court of Protection.
In February of this year Mostyn J in JM v CZ  EWHC 1125 (Fam) provided useful guidance as to the general principles that apply to without notice applications under part IV of the Family Law Act 1996.
Practitioners will be aware that from 6th April 2007, the date on which the relevant provisions of the Housing Act 2004 came into effect, landlords have been required to safeguard their tenant’s deposit by the use of a government authorised tenancy deposit scheme. Those who have not complied face potential financial sanctions and have been […]
Traditionally in this country the use of nuptial agreements has been very limited on public policy grounds, both on the basis that agreements relating to a future and hypothetical separation were void because they offend the principle of the life long union of marriage, and secondly as such agreements could not remove the Court of […]
The comprehensive judgment of Mostyn J in UL v BK (Freezing Orders: Safeguards: Standard Examples)  EWHC 1735 (Fam) provides essential guidance for any practitioner considering applying for a freezing injunction.