Family Articles

3PB’s specialist family and education law barrister Aimee Fox examines a number of cases in which recordings have been admitted and their impact on the proceedings for LexisNexisUK Family Law.

Michael George has recently written an article on ‘Business valuations in financial remedy proceedings’ which will be published in Counsel magazine in April 2022.

Family law barrister Amy Beddis explores how society can support single parents ahead of National Single Parents’ Day on 21 March.

The legality of COVID-19 vaccinations for children

Specialist family law barrister Lola-Rose Avery looks at potential family law disputes between parents, grandparents and guardians over conflicting views about a child being given the COVID-19 vaccination.

 Michael George and Aimee Fox have penned a review on variation applications for the latest issue of Family Law, contrasting the treatment of the applications for variations in income awards with those for non-income/capital provision.

The feature reviews two key cases of BT v CU and T v T, offers a postscript on PAG Report 2019 and suggests several lessons learnt from these important cases for divorce and financial settlement, notably:

• The test for varying the quantum or rights vested under a non-income/capital award is either very high or in the alternative they are not amenable to variation as to quantum and these two strands of thinking persist for the moment
• Practitioners should be mindful that an order for a series of lump sums may be deemed to be a camouflaged order for a series of lump sums and care needs to be made when advising and drafting
• The costs rules as drafted do seem logical in the context of applications for variation of non-income/capital awards
• Practitioners should be wary of inadvertently giving impermissible regulated financial advice if there is an option for an internal transfer.

This article was first published by LexisNexis® on 10 February 2022.

Financial Remedy Court Efficiency Statement

Luke Nelson looks at the guidance laid down for the preparation of FDAs, FDRs and final hearings and the newly-created FRC documents including the allocation questionnaire, case summary and schedule of assets and income based on the figures.

Michael George provides a briefing note on G v T [2020] EWHC 1613 in which he explores the topic of business valuations and provides an up-to-date approach to run off.

Luke Nelson provides an overview of the procedural elements of starting a standalone TOLATA claim together with some useful practical advice for this stage.

Family law specialist Jennifer Kotilaine considers the recent case of Re M [2021] (Special Guardianship Order: Leave to apply to discharge) EWCA Civ 442, in which she is acting, and the clarification it brings to the test for permission to apply to discharge SGOs.

3PB Family barrister Ségolène Lapeyre and Civil law barrister Hugh-Guy Lorriman have co-authored an article for Rayden Solicitors’ Anglo-French blog on the recognition of French PACS under the amended Civil Partnership Act 2004.

Ségolène Lapeyre et Hugh-Guy Lorriman ont co-écrit un article pour le blog anglo-français du cabinet d'avocats Rayden sur la reconnaissance du PACS français en vertu de la loi modifiée de 2004 sur le partenariat civil.

Aimee Fox on 'Covert recordings in family proceedings’.