Family Publications

3PB Publications

3PB Family Barrister Emma Harman explains the lessons that can be learned from A Local Authority v G (Parent with Learning Disability) [2017] EWFC B94.

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Jennifer Kotilaine, 3PB family barrister, reflects on the various ways in which the application of children law has adapted to the internet and social media and on the further adaptations that may lie ahead.

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Read Hamish Dunlop's lecture notes on Owens v Owens, a groundbreaking divorce case scheduled to go to the Supreme Court. Hamish's analysis explains why this case could lead to the introduction of no-fault divorce in the UK.

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3PB Family Barrister Rachael Goodall analyses the Court of Appeal's judgement in the appeal of JS v RS [2017] EWCA Civ 408, concerning the division of matrimonial assets following the dissolution of a marriage.

Rachael's analysis takes account of the jurisprudential relationship between Miller v Miller and McFarlane v McFarlane.

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Head of 3PB's Family Law Group Hamish Dunlop draws conclusions from The Blue Cross and others v. Heather Ilot [[2017] UKSC 17]. Head of 3PB's Family Law Group Hamish Dunlop draws conclusions from The Blue Cross and others v. Heather Ilot [[2017] UKSC 17]

On 15th March 2017, the Supreme Court gave judgment in the appeal of The Blue Cross and others –v- Heather Ilot [[2017] UKSC 17]. The case concerns Mrs Ilot's application brought under the Inheritance (Provision for Family and Dependants) Act 1975 ('the Act').

Although the Act is now over 40 years old, it has never received substantive review by the most senior Court in the country. This appeal has therefore been eagerly awaited by practitioners in the expectation of guidance in particular in relation to: managing the frequent tension between a Claimant's needs and the testator's wishes; and the definitions of reasonable financial provision and maintenance under the Act.

The case concerns the class of Claimant whose dependency arises in a context of being other than a spouse or civil partner. It obviously remains to be seen whether the Court will now find an opportunity to review the law in cases involving a spouse as Claimant. In the meantime, this case provides specific assistance in relation to 'non-spouse' cases and some general jurisprudence in relation to all claims under the Act.

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Babies relinquished by foreign nationals: leading guidance by Katherine Dunseath. JL v AO (Babies Relinquished for Adoption) [2016] EWHC 440 (Fam), [2016] FLR (forthcoming and reported at [2016] Fam Law 556.

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Court considers transfer of tenancy on separation. Katherine Dunseath discusses the Court of Appeal's recent decision in a dispute between two former cohabitants over a joint secure tenancy. Guerroudj v Rymarczyk [2015] EWCA Civ 743, [2015] All ER (D) 152 (Jul). Interview with Lexis Nexis.

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Evidence and interim care orders. Discussing the judgment in Re NL, Katherine Dunseath predicts that the increasing push for transparency within the family justice system will result in the evidence of local authorities being subject to ever-increasing scrutiny by the court. Interview with Lexis Nexis.

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Richard Harrison QC and Katherine Dunseath advise that the judgment in LM v DR emphasises the duties of those who pursue without notice applications. LM v DR [2016] EWHC 1943 (Fam) Interview with Lexis Nexis.

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