Family Related Disputes in UK Law

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Leading Cases
  • Sharland v Sharland
    • Supreme Court
    • 14 Oct 2015

    On the face of it, as the learned editors of The Family Court Practice 2015 point out (p 1299), this is a very wide power which could cut across some other provisions, for example those prohibiting variation of lump sum and property adjustment orders. However, it does give the family court power to entertain an application to set aside a final order in financial remedy proceedings on the well-established principles with which we are concerned in this case.

  • W v W ; S (an Infant) v S ; W v Official Solicitor (acting as Guardian ad Litem for a Male Infant named PHW)
    • Court of Appeal (Civil Division)
    • 03 Feb 1970

    In my opinion, when a Court is asked todecide whether a child is legitimate or not, it should have before it the best evidence which is available. It should decide on all the evidence, and not on half of it. There is at hand in these days expert scientific evidence - by means of a blood test – which can in most cases resolve the issue conclusively. In the absence of strong reason to the contrary, a blood test should be made available.

  • H v L and R
    • Family Division
    • 07 Dec 2006

    In this case the child the subject of the proceedings (R) had a Guardian appointed pursuant to the provisions of Rule 9.5 of the Family Proceedings Rules 1991 as amended. However, that Guardian, for entirely understandable forensic reasons, regarded it as wholly inappropriate that the burden of cross-examining R's half-sister B, with whom she lives, should fall to the child's advocate. For reasons particular to the facts of that case which I need not describe further, I agreed.

  • A & B (Court of Protection: Delay and Costs)
    • Court of Protection
    • 25 Nov 2014

    The main responsibility for this situation and its solution must lie with the court, which has the power to control its proceedings. The purpose of this judgment is to express the view that the case management provisions in the Court of Protection Rules have proved inadequate on their own to secure the necessary changes in practice. While cases about children and cases about incapacitated adults have differences, their similarities are also obvious.

  • R (R, E, J and K, minors by their litigation friend the Official Solicitor) v The Child and Family Court Advisory and Support Service
    • Queen's Bench Division (Administrative Court)
    • 12 Jul 2011

    All we need say is that the children's guardian is on any view pivotal to the whole scheme. As any judge who has ever sat in care cases will be all too aware, the court is at every stage of the process critically dependent upon the guardian.

  • MN (Adult)
    • Court of Appeal (Civil Division)
    • 07 May 2015

    First, the still inveterate use of orders in the form of declaratory relief might be thought to be in significant part both anachronistic and inappropriate. Even before the Mental Capacity Act 2005 was brought into force, that view of the inherent jurisdiction had been shown to be unduly narrow: see St Helens Borough Council v PE [2006] EWHC 3460 (Fam), [2007] 1 FLR 1115.

  • David Spencer v Carol Spencer and Others
    • Family Division
    • 15 Apr 2016

    The inherent jurisdiction is plainly a valuable asset, mending holes in the legal fabric that would otherwise leave individuals bereft of a necessary remedy. The present case (DNA testing) might be said to fall between the above examples of the court's inherent powers (protection of the vulnerable, striking out).

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  • Children Act 2004
    • UK Non-devolved
    • January 01, 2004
    ...... advisory and support services relating to family proceedings; to make provision about private ...of any disputes as to whether and, if so, how much compensation ...purposes related to education or childcare) is amended as ......
  • Courts Act 2003
    • UK Non-devolved
    • January 01, 2003
    ...... . . (c) the President of the Family Division, and. . . (d) the Vice-Chancellor,. . ... . . (ii) CAFCASS functions or related functions of any other person. . (2) The ...of any disputes as to— . . (a) whether, and (if so) how much, ......
  • Children Act 1989
    • UK Non-devolved
    • January 01, 1989
    ......Family Law Reform Act 1987. (which extends their ... S-55 . Determination of disputes relating to controlled and assisted community ...adoptive relative) who is related to the. adopted person by blood (including ......
  • Constitutional Reform Act 2005
    • UK Non-devolved
    • January 01, 2005
    ...... S-9 . Head and Deputy Head of Family Justice 9 Head and Deputy Head of Family Justice an office to which the complaint related. S-103 . Report procedure 103 Report ...disputes relating to vesting and compensation orders) is ......
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Books & Journal Articles
    • Nbr. 51-4, July 1988
    • The Modern Law Review
    ......,255,255,0.0);}.ir:hover{cursor:pointer;}@media screen{#outline{font-family:Georgia,Times,"Times New Roman",serif;font-size:13px;margin:2em ..., which deal primarily with mediation of child- related disputes, and are the product of an era when couples were ......
  • From public health to Ofsted: the impact of the Children Act 1989 on early years services
    • Nbr. 5-3, September 2010
    • Journal of Children's Services
    • 69-79
    Early years policy and services have been subjected to substantial and rapid reform over the past 20 years. This article provides a brief overview of legislative and policy changes over this period...
    ......:pointer;}@media screen{#outline{font-family:Georgia,Times,"Times New ... the next 20 years of law and procedures related to child protection, family disputes involving ......
  • The role of mediation in the resolution of two industrial disputes in Ireland. Towards a theoretical understanding
    • Nbr. 36-5, July 2014
    • Employee Relations
    • 496-515
    Purpose: – The purpose of this paper is to explore the impact of mediation on two long-running collective industrial disputes in Ireland using a theoretical framework established in the literature....
    ......,255,255,0.0);}.ir:hover{cursor:pointer;}@media screen{#outline{font-family:Georgia,Times,"Times New Roman",serif;font-size:13px;margin:2em ... the mediators to explore the status of the Outcome Determinants related to a specific case in order to develop a tailored mediation strategy. ......
  • Prospects of an online dispute resolution framework for Islamic Banks in Malaysia. An empirical legal analysis
    • Nbr. 25-1, February 2017
    • Journal of Financial Regulation and Compliance
    • 39-55
    Purpose: This study aims to examine the prospects of using an online dispute resolution (ODR) platform for resolving relevant Islamic banking disputes in the usual banker–customer relationship in M...
    ......:pointer;}@media screen{#outline{font-family:Georgia,Times,"Times New ... for resolving relevant Islamic banking disputes in the usual banker–customer relationship in ... business, it has been revealed in a related study that e-commerce and its derivatives can be ......
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Law Firm Commentaries
  • Family Businesses And Divorce
    • Mondaq UK
    ......litigating family disputes. After 13 Face to Face Hearings, the financial disputes between. Mr and card debts of '122,000 that related to family. expenditure and he owed '46,000 to his sister and brother in. ......
  • What Does Leaving The EU Mean For Family Law?
    • Mondaq UK
    ...... Regulations particularly affect jurisdiction in family law disputes and the enforcement of decisions. It is therefore in respect of these ..., uncertainty will involve jurisdiction in relation to child related disputes, recognition and enforcement of child related orders across ......
  • Disputes Over Trust Property Surge As Impact Of Stock Market Crash Continues
    • Mondaq United Kingdom
    ...... assets for the benefit of third parties (beneficiaries - frequently family members). The collapse in the value of many investments held in trusts, ... Articles related to the above press release can be found at the following links:. The ......
  • Opening The Doors Of The Family Courts - A Major Change From 27 April 2009
    • Mondaq United Kingdom what extent the press will be able to publish information. related to the detail of the case. What the changes mean. These changes expose ...cornerstone of the effective resolution of financial disputes. (whether in the context of an out of court settlement or a final. ......
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