Publications by Area of Law


Transparency in the Family Courts

Source: Bloomsbury Law Online
Barrister: Lucy Reed
Area of Law: Children
Date: April 2018
Summary: Lucy Reed, recently published an article for Bloomsbury Law Online titled ‘Lucy Reed on Transparency in the Family Courts’. The article looks at why transparency is important and why attempts by local authorities to manage reputations can be counterproductive. In addition to her online publication Lucy has also co-authored a new book ‘Transparency in the Family Courts: Publicity and Privacy in Practice’ which is available from Bloomsbury. She will also be co-presenting a talk on Transparency in Chambers this summer, as part of our free family training session series.

When to distribute

Barrister: Natasha Dzameh
Area of Law: Wills, Trust and Tax
Source: Trusts and Estates Law & Tax Journal
Date: February 2017
Summary: Natasha Dzameh has recently written an article concerning the 2017 case of Gregory & Wilkins v Ziuzina, Pring & Pring heard in the High Court of Justice, Chancery Division at the Rolls Building. Natasha was instructed as junior to Leslie Blohm QC. They represented the Second and Third Defendants (family members of the deceased and beneficiaries under the intestacy rules) who provided permission for this article to be written due to the ongoing status of the litigation.

This case concerns an allegation that a British millionaire was unlawfully killed in the Ukraine such that the forfeiture rule should be invoked to deprive a beneficiary who would otherwise profit under the intestacy rules. This hearing addressed the interaction between civil proceedings and a pending inquest insofar as case management is concerned.

Natasha’s article outlines the decision reached and briefly considers the impact of this case for practitioners who find themselves in the unusual situation of acting in civil proceedings where an inquest is pending. This article was first published in the Trusts and Estates Law & Tax Journal (March 2018) and is available at lawjournals.co.uk.

Read the full article: When to distribute

Family Affairs February 2018 | Financial Remedy update Nov’ 17 – Feb ‘18

Barrister: Christopher Sharp QC
Area of Law: Family Finance, ToLATA and Inheritance
Source: FLBA’s Family Affairs: February 2018

Date: February 2018
Summary:  The article continues Christopher’s regular reviews of the more important recent financial remedy cases, this one covering the period from November 2017 – February 2018.

Download article: Family Affairs February 2018 | Nov’ 17 – Feb ‘18 Edition | Financial Remedy update

Summary of FE v MR & Ors

Barrister: Asha Pearce-Groves

Area of Law: Children

Source: Family Law Week

Asha Pearce-Groves summarises the recent case of FE v MR & Ors [2017] EWHC 2298 (Fam) for Family Law Week.

View full article: FE v MR & Ors [2017] EWHC 2298 (Fam)

Family Affairs November 2017 | Financial Remedy update Summer to Autumn

Barrister: Christopher Sharp QC
Area of Law: Family Finance, ToLATA and Inheritance
Source: FLBA’s Family Affairs: November 2017                                                                             Date: November 2017
Summary:  The article continues Christopher’s regular reviews of the more important recent financial remedy cases, this one covering the period from June 2017 – November 2017.

Download article: Family Affairs November 2017 | Summer to Autumn Edition | Financial Remedy update

Supreme Court hold Local Authority vicariously liable for abuse by foster parents

Barrister: Marcus Coates-Walker
Area of Law: Personal Injury
Summary: Marcus Coates-Walker, reports on the recent case of Armes v Nottinghamshire County Council [2017] UKSC 60, regarding care of the appellant by the respondent local authority from the ages of 7 to 18.

View/download full article: Supreme Court hold Local Authority vicariously liable for abuse by foster parents

The family court’s jurisdiction to direct the burial of a child: Re K

Barrister: Christopher Sharp QC
Area of Law: Children
Source: Family Law Journal

Date: August 2017
Summary:  Christopher Sharp QC, who is acknowledged by Chambers UK as one of only five star Silks in Family Law in the country,  has written an article for the August edition of the Family Law Journal, reviewing the recent case of Re K (A Child : deceased) [2017] EWHC 1083 (Fam).

Download article: The family court’s jurisdiction to direct the burial of a child: Re K

Mutual Wills: the case of Legg and Burton v Burton and others A proprietary estoppel solution to replace the need for a binding contract?

Barrister: John Dickinson
Area of Law:  Wills, Trusts & Tax
Date: 14 August 2017
Summary: The case contains a useful summary of the mutual wills doctrine. HHJ Matthews considered submissions made on the fallibility of memory, referring to the decision of Leggatt J in Blue v Ashley [2017] EWHC 1928 (Comm) and he analysed the evidence in terms of its inherent probability and the plausibility of the Claimants’ case. HHJ Matthews finds a proprietary estoppel route around the problem in the much criticised case of Healey v Brown [2002] EWHC 1405 (Ch), in which section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 was held to prevent a binding contract from arising for a specific gift of an interest in land and this in turn prevented a mutual wills constructive trust from being established. There is an interesting analysis of when a mutual wills constructive trust crystallises.  HHJ Matthews considered that in a mutual wills case the constructive trust would generally arise on the death of the second testator, unless the agreement made between them had some term providing to the contrary. He considered whether the mutual wills constructive trust satisfied the so-called ‘three certainties’ rule, being (1) the intention to make a gift, (2) over what property and (3) who to. HHJ Matthews explains that the ‘three certainties’ rule is not a rule about trust law but rather a rule about property law, and that trusts being part of property law must follow that rule.  The judgment is available here.

Download article: Mutual Wills: the case of Legg and Burton v Burton and others – A proprietary estoppel solution to replace the need for a binding contract?  

Catalano v Espley-Tyas Development Group Ltd [2017] EWCA Civ 1132

Barrister: Darren Lewis

Darren analyses the recent Court of Appeal case of Catalano v Espley-Tyas Development Group Ltd [2017] EWCA Civ 1132, which overturns the Court’s findings in the case of Julie Casseldine v Diocese of Llandaff Board for Social Responsibility (a charity) (2015).

Click here to read the full case: Catalano v Espley-Tyas Development Group Ltd [2017] EWCA Civ 1132

Read the full article: New Court of Appeal Judgment provides clarity on QOCS – Darren Lewis of St John’s Chambers – 31 07 17. pdf

 

Family Affairs June 2017 | Summer Edition | Financial Remedy update (04.03.17 – 13.06.17)

Barrister: Christopher Sharp QC
Area of Law: Family Finance, ToLATA and Inheritance
Source: FLBA’s Family Affairs: June 2017                                                                                     Date: March 2017
Summary:  The article continues Christopher’s regular reviews of the more important recent financial remedy cases, this one covering the period from March 2017 to June 2017.

Download article: Family Affairs June 2017 | Summer Edition | Financial Remedy update (04.03.17 – 13.06.17)


Next