Tories plan to raise the IHT threshold to £1m for married couples and civil partners.
Warning over flexible working rights download
Some parents can still only dream of working flexibly, even though they have the legal right to ask for it, a new report has warned.
To clarify the key employment policies of each political party, Shoosmiths has summarised each of the parties’ positions below.
Briefing for Charities and Social Enterprise, 29 April: appeals time limit; new regulator; and more download
Also; good practice for annual reports; voluntary sector survey findings; and more
The new tax-free allowance for interest distributions will change the savings landscape, and other developments.
Nuptial agreements – a way of reducing resentment and uncertainty if your marriage breaks down download
Nuptial agreements have gained strength in their ability to protect the assets of those entering into marriages or civil partnerships.
How charities can deal with a challenge to a legacy.
The key political battlegrounds laid bare.
Jersey: employment law changes download
Employers must have strong policies in place, particularly with the family-friendly rights coming in in September, as the law in these areas can be technical.
Sisters lose power of attorney roles download
A judge has ruled that two sisters who “detest each other” should no longer be in control of their sick mother’s finances.
The B P Collins contentious probate team has acted for two beneficiaries of a will who had not been paid their full entitlement from the estate of their late grandfather.
Almost half of parents believe their children will only be able to buy their first home through an inheritance windfall, new research reveals.
Airlines are responsible for up to $160k per person. In bigger claims, the airline can defend itself. Money is cold comfort for families, but at least it’s an acknowledgement, says James Healy-Pratt.
The government has fulfilled its pledge to balance its books after seven years of deficit largely by dipping into its contingency fund, cutting spending, and selling off assets.
Bill is a clear signal of the intent of the Indian government to tackle the issue.
Canada: Federal Budget 2015 overview download
Containing editorial comments regarding the tax proposals announced in the 2015 Federal Budget.
Philippa Dolan’s article is entitled ‘Fathers are not just for Christmas’.
…and the present is no time to request a loss determination.
30% female non-execs on German boards; lower penalty for failing to consult a works council in France; mandatory retirement no more in Denmark; all the UK changes; and more.
On 5 April the Department for Business, Innovation and Skills issued new technical guidance for employers on changes to statutory adoption leave and pay.
Children’s law: cases update download
An informative summary of private children case law for the Leicester & Leicestershire Family Justice Board.
The new shared parental leave laws will not have the desired effect unless employers fully support them, a charity is warning.
If your business offers enhanced maternity pay you should give some thought to whether you also want to offer enhanced shared parental pay, and other tips.
The widow of a major property investor has won the latest round of a legal battle over his multi-million pound estate.
Proprietary estoppel in cohabitation cases – the impact of the decision in Blackburn v Southwell download
The subject of Southwell v Blackburn was the correct application of the equitable remedy of proprietary estoppel within the context of a cohabiting couple.
Eligible parents of children due to be born or adopted on or after 5 April will be entitled to a new form of time off work known as shared parental leave.
From September employees in Jersey will have the right to ask their employer for flexible working.
In the first of a series of quarterly round-ups Kathryn Taylor reviews some of the key decisions of the family court, with the emphasis on local authority failings.
Imminent employment law changes download
From 5 April 2015, statutory maternity, adoption, paternity, additional paternity and shared parental pay will be £139.58 per week.
High net worth family firm Vardags has signed a joint venture collaboration with Dubai firm Trench & Associates in order to break into the valuable United Arab Emirates (UAE) market.
Some families are expected to get less than $100,000, while others will receive millions.
Lawyers are often criticised for facilitating claims against the NHS but as a senior MP remarked to me last week, “if you didn’t sue them they’d never learn”.
Shoosmiths takes a look at the key changes in employment law in store from this April.
A recent story has highlighted the importance of taking appropriate legal advice to ensure assets are distributed in line with an individual’s wishes.
Women ‘more likely’ to write a will download
Far more women write wills than men at present, new research suggests.
Paul Lowery, leader of the wills, trusts and probate group at B P Collins LLP, says the announcement of plans to review the Deeds of Variation has been a long time coming.
Family offices defy generalisation download
Family offices are highly differentiated and need advisers who can understand the variety of needs inherent in looking after wealthy and entrepreneurial families.
Demystifying the new legislation.
An estranged father has won his battle to have his case heard in the Court of Appeal.
Divide exposed between the mortgage sector and the landlord/tenant sector.
The recent judgment in Wright v Wright has added to the growing debate about whether there should be a radical review of the courts’ approach to maintenance payments on divorce.
A 56-year-old woman was recently sent to jail for two years and eight months after she lied to avoid paying more than £500,000 inheritance tax on her wealthy aunt’s estate
Frances Bailey has joined Stewarts Law’s divorce and family department in Leeds as an associate.
Wyatt v Vince: Supreme Court backs ex-wife’s pursuit of a financial claim 23 years after divorce download
The ground-breaking decision by the Supreme Court found that the wife was entitled to pursue her claim for financial support from her ex-husband more than two decades after their divorce.
Wyatt v Vince: it’s not over download
Goodman Derrick considers the background to Wyatt v Vince and the legal issues raised by it.
Philipa Dolan, partner and family law specialist at Collyer Bristow, has commented on a landmark Supreme Court bid to claim cash from her millionaire ex-husband 20 years after they divorced.
A woman’s claim for a payout from her millionaire ex-husband can proceed, despite it not having been lodged until nearly 20 years after their divorce.
The Supreme Court has found in favour of a Mishcon de Reya client who is claiming £1.9m from her ex-husband, Ecotricity founder Dale Vince, despite filing for a financial settlement almost 20 years after they divorced.
Tax break fears for married couples download
The only way married couples can apply for a new tax break is online and that could mean that thousands of people miss out, a report has suggested.
If you make gifts of money or items of value to other individuals these gifts are chargeable transfers for inheritance tax purposes.
It is extremely hard to be mindful of, let alone prepare for, the consequences associated with the breakdown of a relationship, even without factoring in the potential that an ex-spouse might emigrate.
The Child Support Agency (CSA) has been around for many years and has been often dogged with bad press on its abysmal performance.
On 9 March the following fees will be payable for claims to recover a sum of money…
Employment update – March 2015: e-cigarettes in the workplace, family-friendly leave, and more download
Latest developments that might affect your business and what you can do about them.
The US Citizenship and Immigration Services agency will begin to issue Employment Authorization Documents to qualified H-4 visa status spouses of H-1B temporary worker visa holders.
Warning over ‘mirror wills’ download
An accountant has urged people to take care when drawing up ‘mirror wills’ after suggesting they caused him to lose out financially.
People need to consider their digital legacy when drawing up a will. Only around 25% of online bank account holders have arranged for their details to be passed on.
Ogier’s Sally Edwards, discussed ways to ‘divorce-proof’ a new structure with an audience of private client practitioners at an IBC conference.
Family lawyer Sue Andrews says sensationalised media reports about ex-wives having to go out to work must be put into context.
When does a duty to offer a suitable alternative vacancy to a woman on maternity leave arise? download
The recent case of Sefton Borough Council v Wainwright clarified the position. This case is especially relevant to employers who propose making redundancies in connection with a restructuring process.
This checklist may assist in ensuring your organisation is ‘ShPL ready’.
Judge throws out ‘abusive’ civil action against Caroline Nokes.
New tax break for married couples download
More than four million couples could save as much as £212 a year in tax, thanks to the new marriage allowance.
Labour says that if it wins the May election paid paternity will almost double to £260 per week. Is this enough to persuade more to take it up?
Couples with pets are being urged to draw up a form of pre-nup for their animals.
Questions of parentage that arise during divorce cases in England will be solved with the help of DNA tests later this year, the Government has revealed.
Winckworth Sherwood presents a flowchart showing show divorce and financial proceedings work together.
New statutory rates from April download
New rates for statutory maternity, adoption, paternity, shared parental and sick pay will come into effect on 5 and 6 April 2015.
The UK Government’s new policy on shared parental leave will have implications for pension schemes.
The Italian Senate has spoken – labour reform is coming this year.
Parental rights: which way is up? download
Ed Miliband this week suggested that a future labour government would double the amount of paid paternity leave from two to four weeks.
Blissfully loved-up couples planning on tying the knot this year should change their will to reflect their new circumstances.
Balancing life’s responsibilities: Canadian human rights developments in the accommodation of family status download
With an increase in the number of dual-income households in Canada, it is not surprising that employers are facing growing demands from workers for flexible work regimes that allow for the fulfilment of childcare obligations.
The decision in RBS v Etridge provided guidance to bankers on protecting their lending from challenge. Cases decided since have shown the breadth of the scope for challenge where bankers have failed to follow the guidance…
Shared parental leave only applies to parents of children due to be born/adopted on or after 5 April. This date is fast approaching but don’t panic. There is still time to get ready.
Lady Justice Black has granted permission for a case brought by a former civil partner against her late ex-partner’s estate to be heard in the Court of Appeal.
Shared parental leave download
In order for the new shared parental leave rights to kick in, a parent entitled to maternity leave and pay will need to cut short her maternity leave.
Outer Temple Chambers’ Sarah Crowther recently appeared in a cohabitation property claim where a woman who was with her partner for 30 years was only awarded ownership of a dog.
In part one of our Employment Law 2015 preview, ‘and a new one just begun’, Wragge Lawrence Graham & Co looks at the anticipated legislative and judicial trends for 2015.
The case of a ‘house husband’ being granted leave to appeal to the Court of Appeal over a financial settlement in divorce proceedings has re-opened the gender argument in family proceedings.
Plan ahead for a happy marriage download
Marriage Week is right around the corner and for those planning to propose to a loved one, there’s plenty to think about before you say ‘I do’.
More than 25,000 historic wills have been accessed by the public since they became available online last month.
Memery Crystal’s employment department hosted another employment breakfast seminar on the topic of family-friendly rights in the workplace,.
In view of the imminent changes, the aim of this article is to provide a ‘ShPL ready - checklist’
Memery Crystal’s employment department has put together the top ten key facts for employers to know regarding flexible working requests, shared parental leave and time off for ante-natal appointments.
Equity of exoneration — joint mortgagors do not necessarily have joint responsibility for the secured debt
It is a not uncommon situation — the family home is jointly mortgaged to secure the debts of a family member’s business.
Bates Wells Braithwaite has released the Spring 2015 edition of its legal update for faith-based organisations.
Six families in East Yorkshire currently face the ordeal of travelling long journeys to specialist units, while some young people are having to be kept in adult mental health units.
A survey from the Department for Business, Innovation & Skills has found that 83 per cent of potential future parents will consider taking advantage of the new rules that come into force in April.
Julian Ribet, Levison Meltzer Pigott
In this article, Memery Crystal addresses the major ‘talking points’ in employment law during 2015 and highlights areas that you should be aware of.
Employers are currently focused on having the correct policies and forms in place for shared parental leave but they should not overlook the fact that there are a number of additional changes to adoption and parental leave due to come into force from 5 April 2015.
A new government survey intended to assess the potential uptake of shared parental leave (ShPL) has reported that 83 per cent of those planning to become parents in the future would consider taking shared parental leave.
A barrister with one of the largest sets in the UK is to be appointed Queen’s Counsel in February.
In a bid to encourage family stability, a retired judge has called for married couples to be given additional tax breaks after they pass landmark wedding anniversaries.
Spousal maintenance is one of the most contentious issues between divorcing couples. It is, therefore, perhaps surprising that consideration of why the liability for spousal maintenance arises in the first place is rare.
Louise Leaver, a partner in Winckworth Sherwood’s social housing finance team, has recently been named in Inside Housing magazine’s ’Who’s who in housing law’ feature.
Memery Crystal’s employment department is hosting a breakfast seminar on 29 January 2015 on the topic of: ‘Family Friendly Rights in the Workplace: Challenges Facing Employers in 2015.’
What employment law developments will make the headlines in the first half of 2015? Gateley employment associate Chris Davies gives us his predictions for the months ahead.
The most senior family judge in England and Wales has blasted the family courts system, saying parents could be forgiven for believing that they are trapped in a system that is ‘neither compassionate nor even humane’.
Two long-serving members of East Sussex Fire and Rescue were killed by an explosion at a fireworks factory in 2006.
No5 barrister Ian Brownhill has helped the family of Ben Needham secure funding to continue the search for the missing toddler.
This briefing, which has been written by Winckworth Sherwood’s family law experts, provides an overview of the procedure involved.
Employment rights for parents in a surrogacy arrangement are currently limited. Changes are, however, afoot from April.
The first working day after the festive break has been dubbed ‘Divorce Day’, with an ever-increasing number of spouses each year choosing it as the day to seek advice on end their marriages.
Global labour law update: Hungary download
Since the start of 2015 a number of changes have come into force regarding employment law in Hungary.
Loyens & Loeff has appointed Gerard Blokland, Bastiaan Cornelisse, Tom van Helmond, Natalie Reypens and Michael Scott as partners, effective from 1 January 2015.
Jersey divorce reform download
The Jersey Law Commission recently delivered a consultation paper entitled ‘Divorce Reform’, which is refreshingly straightforward and comprehensive.
A survey of 2,000 adults reveals that a quarter of married couples are only staying together for the sake of their children, and expect to divorce as soon as they have grown up.
UK: freedom of speech — unnamed artist to appeal publishing injunction in the Supreme Court download
A well-known British performing artist was granted permission to take his case to the Supreme Court, where he will appeal the Court of Appeal’s decision in OPO v MLA & STL.
On the 15 December Mr Justice Keehan handed down his judgment in six connected cases involving child sexual exploitation.
A recent Supreme Court decision in family law proceedings has upheld an unprecedented High Court finding of fraudulent concealment of assets.
While the Law Commission has recommended that pre-nuptial contracts should be legally binding, prominent legal figures have raised concerns about how they are being used.
A will drafted by a solicitor is the best Christmas gift for your loved ones.
A landmark settlement case involving a millionaire businessman goes before the UK’s highest court this week
Baker Tilly in Leeds has hosted its fourth annual Festive Fun Quiz, helping to collect more than £500-worth of Christmas gifts for local disadvantaged children.
The Supreme Court will be hearing an appeal in which it will consider the principles for striking out financial remedy claims when there is delay in family proceedings.
Civil partnership conversions begin download
Same-sex couples in civil partnerships can now convert them into marriages.
Complaints Matter: the Care Quality Commission's review on the handling of complaints made to the NHS download
Complaints Matter is a report by the Care Quality Commission. On the summary sheet it states: ‘Complaints matter in health and social care and for too long they have not been taken seriously enough.’
Only 18 per cent of HR managers believe that domestic violence is a high priority for their business.
Addenbrooke’s Hospital must be held accountable for failing to prevent abuse of young boys at the hands of Dr Myles Bradbury.
A recent Supreme Court decision has upheld an unprecedented High Court finding of fraudulent concealment of assets by a husband (the former husband) leading up to the granting of a decree of divorce.
Families seek compassion and care — not just compensation — in their clinical negligence claims download
When individuals and families turn to our firm for support and advice, they are often facing some of the most difficult times of their lives.
Jamie Cooper-Hohn has been awarded what legal experts think is the largest-ever divorce settlement recorded in Britain.
Shoosmiths has expanded its family law team with the appointment of Chris Longbottom.
Employment update — December 2014: contract variations; holiday pay; shared parental leave; and more download
Wragge Lawrence Graham & Co’s employment experts bring you the latest developments that may affect your business.
The risks and financial burden to employers of shared parental leave.
Addleshaw Goddard is to introduce new policies in the wake of the shared parental leave (SPL) regime, which came into force on 1 December 2014.
More than 285,000 couples will be able to take advantage of the new shared parental leave rules.
Shared parental leave download
If recent surveys are an accurate reflection, there may be more interest in shared parental leave than originally anticipated.
Katie Spooner has joined Winckworth Sherwood’s family team, while partner Emily Brand has been made head of family law.
The DIFC has released a month-long public consultation on its draft rules relating to succession and inheritance matters for non-Muslims with assets in Dubai.
Up to Date: shared parental leave — our detailed guide to the new system; making sense of holiday pay; and more download
Addleshaw Goddard has released the November 2014 edition of its Up-to-Date publication on employment law and developments.
Mishcon de Reya and 1 Hare Court have secured a landmark settlement of £337m for the wife of hedge fund billionaire Sir Chris Hohn, in what is thought to be the largest figure ever awarded by an English court in divorce proceedings.
Gateley’s Manchester office has welcomed four new lawyers to its private client team.
The secret of a good divorce is to keep the lines of communication open, according to family solicitor Sue Andrews.
Paying school fees with ease download
For many families, choosing the right school for their children is difficult. Once this decision is made, families should think about how they will fund that education.
The issue of senior school entry is a particular issue for London parents where school options within a small catchment area can be so varied.
A report produced by think-tank the International LongevityCentre UK has revealed that divorce rates among the over-60s are rapidly increasing.
Many British fathers are being forced to take paid annual leave to spend time with their newborn children, research shows.
Ruth Ormston was named ‘Champion of Justice’ at the LLST Awards, while the law firm also won an award recognising its support of the LLST walks.
The House of Lords has given the go-ahead to revised laws that will allow same-sex civil partnerships to be converted into marriages.
Guide to shared parental leave download
Under the new system, eligible employees will have the right to share up to a maximum of 50 weeks’ leave and 37 weeks’ statutory pay with their partner.
Child car safety seats download
Although it is occasionally understandable that parents put their children in a car seat not fit for their needs, it is never acceptable.
It should go without saying that everyone should have a will. The consequences of dying without one (intestacy) can be disastrous.
Estate planning: an investment download
Arguably, your will is the single most important document you will sign during your life.
The complainant’s daughter was employed by the Royal Borough of Kensington and Chelsea (RBKC) and was a member of the LGPS.
Nageena Khalique, head of public law at No5 Chambers, has spoken on behalf of Action Cerebral Palsy at the House of Commons.
The Marriage and Civil Partnership (Scotland) Act 2014 became law in March. The Scottish government intends to bring the necessary provisions into force by 16 December.
Is the Canada Revenue Agency (CRA) entitled to notice of a rectification application? In Brogan Family Trust, the Ontario Superior Court of Justice said ‘no’.
Beneficial ownership of assets is coming under scrutiny in hedge fund divorce cases, requiring the disclosure of great swathes of confidential information.
Figures show the number of children being put forward for adoption has almost halved after judges highlighted concerns about the effect of a drive to speed up adoption.
The difficulty of finding out what maternity packages employers offer is causing distress among many female workers, according to a new study.
Employment Law Round-up — landmark EAT case on holiday pay; right to privacy in the workplace; TUPE; and more download
In this issue, we look first at the landmark EAT case on holiday pay, which attracted a lot of TV and press attention earlier this month.
Amanda Melton of IBB Solicitors has commented in Spears Wealth Management on a tiger charity divorce case.
Shoosmiths has expanded its family law offering with the appointment of a partner, an associate and a solicitor.
A couple with learning difficulties has been awarded £12,000 in compensation at the High Court after a judge ruled that their basic human rights had been violated.
Mourant Ozannes has announced three internal promotions to group partner with effect from February.
The Maternity and Parental Leave etc (Amendment) Regulations have recently been published.
The government has commenced a review of different employment statuses in the UK, including employees, workers and the self-employed.
As the dawn of the shared parental leave era grows ever closer, more pieces of the jigsaw have been made available to help employers prepare for the new regime.
Jersey private trust companies download
This briefing note considers key issues relating to the establishment and use of a Jersey PTC in the context of private wealth management.
Five of the practice groups at B P Collins have been awarded a band-one ranking in the 2015 edition of Chambers UK.
DLA Piper has announced that Emil R Infante has joined the firm’s corporate and finance practice as a partner in Miami.
Pillsbury has been named as one of Working Mother’s 100 Best Companies, with Marne Sussman being named a ’Rising Star’ on its list of 2014 Working Mothers of the Year.
A High Court judge has granted short-term injunctions against five men, which ban them from approaching any female under 18 in public places.
New employment regulations relating to shared parental leave and pensions auto-enrolment remain a major worry for UK firms, according to a survey.
In a recent case, a Devonshire business woman was found guilty of forging her partner’s will after he took his own life — in order to prevent his estate going to his estranged wife.
Employment Law Update, autumn 2014: legislative changes — flexible working; mandatory early conciliation; and more
This Employment Law Update outlines the latest legislative changes. These follow the trend of recent years to extend family-friendly rights and employee protection.
Be Global — further changes to Saudi Arabia’s Nitaqat System; Spain issues first judgment on the calculation of vacation pay; and more
Be Global is DLA Piper’s snapshot of key global employment law developments designed to help you identify legal hotspots across your global operations.
This act makes a number of changes to the rules relating to intestacy; the Inheritance (Provision for Family and Dependants) Act 1975; and trustees’ powers.
Samantha Betzien, a partner in the human resources and industrial relations group in Brisbane, has won the Queensland Woman Lawyer of the Year award.
Gingerbread has released a study showing that 78 per cent of litigants in person, who do not have lawyers to argue for them, found it ‘difficult’ or ‘very difficult’ to represent themselves in court.
Over the summer months, ‘surrogacy’ has become a very topical issue, following the public furore that surrounded the case of ‘Baby Gammy’.
New statutory provisions, which will entitle parents to decide how they share their time off following their child’s birth or placement with them, will come in to force on 1 December 2014.
From 1 October 2014, a father or partner of a pregnant woman have the right to take unpaid time off to accompany the woman to up to two antenatal appointments.
This article is designed to provide a practitioner’s guide to the principal types of enforcement mechanisms available for financial remedy orders.
Financial provision for the child — overview of child maintenance reforms, Schedule 1 Children Act 1989 and school fees orders download
The Child Maintenance Service is now replacing the Child Support Agency over the next three years.
Your questions answered: am I in breach of my inherited shared ownership lease by complying with the will? download
Does the beneficiary of a shared ownership lease find themselves in breach if by acquiring the lease by will they inadvertently sublet the whole of the property in order to comply with the will?
In the last 20 years, the UK has seen the development of family-friendly employment rights, with their focus now moving away from the idea of the mother being the main carer.
A businessman has been ordered to pay an ex-girlfriend £28,500, after the Court of Appeal ruled he had led her to believe she would be ‘looked after for life’.
Following a six-year project by the Law Commission, the Inheritance and Trustees’ Powers Act 2014 came into force on 1 October.
Employers need to prepare for a rapid increase in the number of couples using new shared parental leave legislation, according to experts at HBJ Gateley.
B P Collins’ Sue Andrews said she hopes that the Parental Involvement Provision will help parents communicate freely about their children.
Eversheds partner Naeema Choudry has commented on the news that all civil service employees will be entitled to full parental pay from April 2015.
DLA Piper has received an ‘Innovator of the Year’ award from the Daily Record for the firm’s expansion of a pro bono legal programme into several Baltimore schools.
October 2014 brings yet more changes to employment law, including national minimum wage rises and time off for partners to attend antenatal appointments.
New employment regulations governing shared parental leave are set to come into force on 1 December 2014.
Employment Update — shared parental leave; constructive unfair dismissal; flexible working Q&A; fixed-term contracts; and more download
Bates Wells Braithwaite has released the autumn 2014 issue of its Employment Update.
Emma Baillie has commented on the announcement that couples in civil partnerships will be able to convert them into marriages from 10 December 2014.
The Safeguarding Adults Return showed that around 104,000 elderly or vulnerable people suffered abusive treatment in care homes or their own homes last year.
Addleshaw Goddard has released the September 2014 edition of its European Employment Law Update. This section focuses on Finland.
Addleshaw Goddard has released the September 2014 edition of its European Employment Law Update. This section focuses on UK.
Employment law update — settlement discussions, employee tribunal fees; shared parental leave; and more download
Over the past year and a half, the government has carried out a number of significant employment law reforms that have transformed the employment law landscape.
The Mental Capacity Act 2005 introduced lasting powers of attorney and created a new Court of Protection to make decisions on behalf of adults who lack capacity.
Amanda Melton, family lawyer and partner at IBB Solicitors, has discussed the inheritance tax liability of an estate where cohabitees are not married.
Financial remedies are where the court looks to determine how fairly to distribute assets between former spouses or civil partners following a divorce or dissolution of the civil partnership.
On 1 December 2014, we are expecting legislation to come into force that will give effect to the new shared parental leave regime.
School children in Hull will soon be learning how to cook a healthy meal as part of a project that has received the backing of the Neil Hudgell Solicitors Trust.
No5 Chambers will be exhibiting at a one-day conference exploring the implications of the changes brought about by the Children and Families Act 2014.
The EAT has found that an employee was not automatically unfairly dismissed when he took time off to care for his pregnant partner. Katie Marsden looks at the reasons why.
Pre-nuptial agreements and the law: BBC 3 Counties interviews Amanda Melton of IBB Solicitors download
The Law Commission has said that pre-nuptial agreements will be enshrined in law under plans to reform the divorce industry.
Imagine the worry: you visit an elderly relative in a care home, but leave with a nagging doubt that something isn’t quite right, and that perhaps they are being mistreated.
Given that many employers would already allow an expectant father to take time off work to attend a scan, what difference will the new right make in practice?
B P Collins has been named as a ‘regional heavyweight’ for the first time in the 27th annual Legal 500 league tables and achieved top-tier status in five practice areas.
Video: male child abuse victims download
In this video, Malcolm Underhill, child abuse solicitor at IBB Solicitors, interviews Chris Anderson, executive director of MaleSurvivor.
Figures show that 5,050 children were adopted by new families in the 12 months to 31 March 2014. However, there has also been a fall in the number of placement orders from local authorities.
Inheritance tax is generally paid on the value of a person’s estate when they die, although rather confusingly it can also be payable during someone’s lifetime against trusts or gifts.
Public access work for the young Bar download
This article offers an insight to how barristers, especially young barristers willing to embrace change, can help their future while continuing to work with solicitors.
New inheritance laws take effect download
The government has simplified the laws that deal with the estates of people who die without leaving a will behind.
There are a number of changes to employment law that employers should be aware of.
From 1 October 2014, fathers will have the right to unpaid time off to accompany their spouse or partner to antenatal appointments.
Enhanced pay for parental leave? download
One of the key questions that employers will face under the scheme is whether to match pay for anyone taking SPL with any enhanced maternity pay that is currently offered.
Employment law reform update download
Employment law reform featured heavily in the coalition government’s legislative programme.
Giving both parents the right to take time off may be a novel idea, but in practice it is unlikely to change the position and pay of women, according to Lucy McLynn.
A number of employment law reforms came into force on 1 October 2014. Here Addleshaw Goddard reports on each of the reforms.
Acas has published new guidance for employers on managing bereavement in the workplace. This aims to be a good-practice guide for employers.
Failure to pay male employee enhanced additional paternity pay equivalent to enhanced maternity pay not discriminatory download
An employer’s decision to pay statutory paternity pay during additional paternity leave, while offering generous enhanced maternity pay to women on maternity leave, did not amount to sex discrimination.
The Department for Business, Innovation & Skills has published further guidance on shared parental leave, covering some of the more technical aspects of the scheme.
Employers should be aware that effective as of 29 October 2014, statutory leaves of absence in Ontario under the Employment Standards Act 2000 will be expanded.
In this article, the Shepherd and Wedderburn employment team looks at four employment law changes effective from 1 October 2014.
A study released by Investec Wealth & Investment Management earlier this year found that almost two thirds of UK adults have not written a will.
For many years, pregnant women who are employees have had the right to take time off work to attend antenatal appointments. That right will now be extended to other expectant parents.
A report from the Office of the Children’s Commissioner regarding the impact of cuts to legal aid last year states that vulnerable, at-risk teenagers are being deprived of justice.
Nineteen is the new 22: amending definition of ‘dependent child’ in Canadian Immigration and Refugee Protection Regulations download
The Canadian government amendments to the Canadian Immigration and Refugee Protection Regulations, changing the definition of a ‘dependent child’, have come into force.
Michael Drake has been quoted in an article following Mr Justice Mostyn’s comments that new relationships were ‘a significant fly in the ointment’ for family court judges.
On 1 October, eligible employees and agency workers will be given a new statutory right to take time off work to accompany a pregnant woman to up to two antenatal appointments.
Barnea & Co has extensive experience in advising on trusts and estates and on the legal issues arising in the management of family wealth.
The reality is that for many people the experience of having to ‘start again’ after years of marriage is a very daunting one.
Pillsbury has again been named to Working Mother’s 100 Best Companies, which celebrates employers whose benefits are helping redefine workplace standards.
The first day of October 2014 is a day of change for employers because it is one of the government’s two annual ‘common commencement dates’.
Slater & Gordon is in the final stages of a deal to acquire Cardiff-based trade union firm Leo Abse & Cohen, The Lawyer can reveal.
The government has decided to postpone the implementation of a fully online system for the registration of lasting powers of attorney at the Office of the Guardian.
On 10 September 2014, California governor Jerry Brown signed into law AB 1522, the Healthy Workplaces, Healthy Families Act of 2014.
Be Global is DLA Piper’s snapshot of key global employment law developments designed to help you identify legal hotspots across your global operations.
GRATA Law Firm managing partner Rashid Gaissin has attended the InvestPro — Kazakhstan 2014 conference, which was held in Almaty.
Eprivateclient’s ‘Top 35 Under 35’ list recognises Wragge Lawrence Graham & Co private capital associates Alistair Robertson and Katie Coles.
As one of the earliest practice departments established in King & Capital, we are able to draw on some of the most talented legal minds in the country.
Shepherd and Wedderburn considers the impact of Shuter v Ford Motor Co Ltd, in which it was concluded that offering less paternity than maternity pay was lawful.
Comparison between the forthcoming private wealth foundation and the philanthropic foundation in Luxembourg download
This article aims at differentiating the respective characteristics of each kind of foundation and highlighting their compatibility.
On 17 May 2011, the National Assembly adopted the Law on Notary Public, which came into effect on 1 September 2014.
The Royal Court of Jersey has concluded that it has power under its inherent jurisdiction to sanction a compromised settlement of litigation reached by the plaintiff on behalf of a minor.
Malcolm Underhill, child abuse solicitor at IBB Solicitors, interviews Peter Saunders, CEO of the National Association of People Abused in Childhood.
Collyer Bristow has recruited another partner, family law specialist Philippa Dolan, to its growing private client practice.
Politicians should consider introducing a contribution scheme to help talented employees meet childcare costs, according to the British Chambers of Commerce.
From 1 October 2014, the partner of a pregnant woman will be entitled to take unpaid time off work in order to accompany the expectant mother to antenatal appointments.
According to research by the Action for Children, a third of children taken into care in the past year were separated from their brothers and sisters.
One of the leading private client teams in the UK, our department is committed to meeting the legal and financial advisory needs of the private individual.
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KPMG has revealed that 58 per cent of family businesses are currently seeking external financing to fund their plans, but finding the right strategic partner can be challenging.
Alison Sharland has been granted permission to appeal her divorce settlement on the basis that her husband misled her over the true value of the parties’ principal asset.
Shepherd and Wedderburn has announced the first in its series of wealth management briefings, which will run in both Edinburgh and Glasgow.
This briefing discusses some of the issues to be considered by trustees of Guernsey trusts and their advisers when foreign couples connected with the trust divorce.
Divorces are now taking longer download
New research has shown that the average divorce now takes more than three weeks longer than it would have done less than a year ago.
This is an experienced, commercially focused team with a network of international offices.
The Co-operative Group’s half-year results, released today (4 September), show a £5.1m loss in the 26 weeks up to 5 July for the legal services arm.
In instances where reconciliation is not possible and divorce or separation result, the rights of children enter the equation, as well as issues of child welfare.
Extra paternity leave for fathers download
In their manifesto for the next general election, the Liberal Democrats will pledge to give fathers an extra four weeks’ paternity leave.
Employment update — September 2014: tax simplification review; whistleblowing; and shared parental leave download
Wragge Lawrence Graham & Co’s employment specialists discuss the implications of the latest employment law issues and provide action points to help you and your organisation.
From 5 April 2015, eligible employees will have the right to opt into a new system of shared parental leave.
New right for those in ‘qualifying relationship’ with a pregnant woman or her expected child to attend antenatal appointments download
Employees and agency workers in a ‘qualifying relationship’ with a pregnant woman can now take unpaid time off work to accompany the woman to antenatal appointments.
A recent maternity case (Smith-Twigger v Abbey Protection Group) has illustrated the importance of maintaining contact during the maternity-leave period.
Boyanov & Co provides advice in connection with wealth management, tax planning, business and personal relocation, family law matters and employment law advice.
New proposals that would help relatives of missing people to take care of their legal affairs have been published by the government.
Families of missing people could soon be allowed to take control of their absent relative’s legal and financial affairs.
Can and should office relationships be allowed or does the home connection lead to domestic issues pervading the working environment?
Julie Congreves has commented following the government’s statement that changes to lasting powers of attorney applications will streamline the process.
The Office for National Statistics recently reported a rise in the number of divorces among couples born in the post-war years between 1946 and 1964.
Simon Newsham, partner in Winckworth Sherwood’s tax team, has been quoted in the Daily Mail in relation to inheritance tax.
From 5 April 2015, the government plans to give families greater flexibility when deciding who will take time off work to look after their new baby.
A new report from Aviva has found that the average cost of divorcing for each couple has risen 57 per cent, from around £28,000 in 2006 to £43,900.
A lasting power of attorney gives authority to another person to make decisions on behalf of the donor if the donor loses mental capacity.
Winckworth Sherwood partner Sue Kelly has featured in a training video produced by the University of Law entitled ‘Employment: Children and Families Act 2014’.
BWB’s legacies and probate disputes team is made up of experienced lawyers from a range of disciplines.
B P Collins’ Sue Andrews has commented on David Cameron’s announcement that the budget for relationship counselling is set to double.
In this video, Charlotte Leckie, family and matrimonial solicitor at IBB, answers a series of questions on making childcare arrangements.
Flexible working for all employees download
From 30 June 2014, new Flexible Working Regulations, part of the Children and Families Bill 2014, came into force, giving all full-time and part-time employees the right to ask for flexible working.
Increase in divorces in 2012 download
The ONS has reported figures suggesting that a general downward trend in the divorce rate in England and Wales may have been reversed by the recession of 2008–2009.
The majority of new mothers feel they have to go back to work earlier than planned due to money worries, according to a study.
Whether you are embarking on or ending a marriage, civil partnership or co-habitation, it is a time when life-changing decisions for you and your family need to be made.
Whatever your requirements, our notary service is conveniently placed to ensure your documents are legally recognised in a timely manner.
Getting to grips with Cheshire West download
In the months since the landmark decision of the Supreme Court in Cheshire West, the courts have continued to put into effect Lady Hale’s ‘acid test’.
Sir James Munby, the president of the Family Division of the High Court, has ruled that the court service should pay for people’s lawyers if the Legal Aid Agency refuses to provide them, in order to ensure justice is done.
Historically we have seen individuals buying property together as cohabiting couples, making different contributions to the purchase price and maybe treating the property as a family home.
On 6 August, Shoosmiths put on a charity fashion show at its Edinburgh office, raising £1,014 for national charity partner Winston’s Wish.
For the second consecutive year, Working Mother magazine has named DLA Piper as one of the 50 best law firms for women.
From 1 October 2014, new rules are expected to come into force to help streamline the presumption of death procedure in England and Wales.
The government has agreed to give children and young people full access to judges, in order to make their feelings and views known.
The government has published guidance on how the new system of shared parental leave will work in practice and it may not be what you were expecting.
Inheritance tax hits record level download
ONS statistics have revealed that households paid more in inheritance tax last year than at any other point since the beginning of the recession in 2008.
No5 Chambers’ Laura Vickers and Heather Popley are managing the Leicester and Leicestershire Family Justice Board website.
This case serves as a useful reminder to trustees on how to exercise their discretionary powers and the importance of proper process.
For the first time in more than 30 years, the Equal Employment Opportunity Commission (EEOC) has overhauled its guidance on pregnancy discrimination issues.
The Court of Appeal has held that an employer has no duty to make reasonable adjustments for a non-disabled employee associated with disabled people.
The states approved the proposed Employment (Amendment No 8) (Jersey) Law 201- on 18 July 2014.
Partner and head of family
The States of Jersey have passed an amendment to the Employment (Jersey) Law 2003, incorporating a number of ‘family-friendly’ rights into the legislation.
Manjit S Gill QC, Ramby de Mello and Danny Bazini of No5 Chambers have appeared in a case concerning family migration and the minimum income threshold.
The Inheritance and Trustees’ Power Bill received royal assent on 14 May to become the Inheritance and Trustees’ Power Act 2014.
Collyer Bristow can assist you in ensuring that your assets are preserved for future generations, taking into account issues such as taxation.
Collyer Bristow’s divorce and family team is recognised as one of London’s leading national and international family law practices.
Following the grant of permission in TN and MA (Afghanistan) v SSHD  EWCA Civ 1609, there is a listing for the appeal in the Supreme Court in April/May 2015.
Under the provisions of the Marriage (Same Sex Couples) Act 2013, the government was required to conduct a review of survivors’ benefits in occupational pension schemes.
Many parents fail to consider who would take care of their children if they were not able to. The topic often sparks disagreement between parents.
Who can inherit if someone dies without leaving a will: new intestacy rules in force October 2014 download
From October, different rules come into force on how assets should be distributed when someone dies without making a will.
The family team at No5 Chambers has welcomed back Juliet Allen.
Most enter into a life-long commitment with little regard for the financial consequences of their relationship breaking down.
Employers should be aware of a number of recent developments in the employment law arena.
Up until now, journalists have been allowed to sit in private divorce hearings but they have, in most cases, been unable to report on most of what they hear.
A private member’s bill, the Divorce (Financial Provisions) Bill, introduced by Lady Deech, has received its second reading in the House of Lords.
Divorce may be good for you download
A study has shown that divorce in middle or later life is no barrier to having a long and happy marriage and can even lead to a greater contentment in the long term.
Companies are being urged to take note of the new flexible working law, which gives all workers with at least 26 weeks of service the right to request flexible working.
Video: how to administer an estate when a loved one has passed away — key probate, wills and inheritance tax issues explained download
In this video, solicitor Susan McCulloch from IBB’s wills, trusts and probate team discusses key probate, wills and inheritance tax issues.
DLA Piper has received the 2014 Beacon of Justice Award from the National Legal Aid & Defender Association (NLADA).
Society would probably like to think that children are given priority over all other members of society. Unfortunately that is not the case.
With a strong, dedicated team, we offer advice to private individuals and families throughout the UK and overseas.
Jersey’s new discrimination law will be the focus of an expert panel discussion taking place that has been organised by Mourant Ozannes and the CIPD Jersey Group.
Emily Brand, a partner in Winckworth Sherwood’s family team, has been named as one the UK’s top three divorce lawyers by divorcesaloon.com
In this video, Vicky Preece, senior solicitor in IBB’s childcare team, answers questions frequently asked by children in care proceedings.
The proposed legislative programme put forward in the Queen’s Speech contained some thought-provoking news for employers.
Recently the Dying Matters Coalition has called for a national review of employment practice on bereavement leave.
Parents penalised by legal aid cuts download
Family magistrates are warning that almost half of all parents fighting to get access to their children through the courts are being forced to do so without legal advice.
This case concerned an application by the representors, in S and his mother WS to set aside the E Trust on the grounds of mistake.
Changes to flexible working requests download
While employers will not be under an obligation to accept all requests, they will be obliged to consider all requests reasonably within a three-month time frame.
Should a trustee appeal a decision of the Royal Court in administrative proceedings? In the matter of the R and RA Trusts download
The Court of Appeal in Guernsey has handed down an important judgment in non-contentious trust proceedings commenced by way of application made by the trustees.
Schillings’ family practice specialises in using litigation, mediation and negotiation to solve a broad range of family issues.
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It has been on the horizon for some time now — a complete overhaul of parental leave as we know it is now less than 11 months away.
Assuming that the older generation can afford it, the ‘children’ will always welcome some financial help, for example for investing in a house.
The Midlands Asian Lawyers Association (MALA), in association with No5 Chambers, is holding a CPD seminar on 20 June 2014 in Leicester.
Weightmans has announced the promotion of seven partners, including its first non-lawyer partner, marketing director Sarah-Jane Howitt.
This case arose out of the divorce proceedings between Mrs Tchenguiz-Imerman and Mr Imerman.
The English courts have again considered the weight that should be given to a nuptial agreement when exercising its discretion under section 25 of the Matrimonial Causes Act 1973.
Conscious uncouplings — the importance of documenting that client representation has concluded download
There are a host of reasons to clearly document that the representation of a client — even on just a specific matter — has concluded.
The Crown Prosecution Service is to introduce new guidelines for handling cases of domestic abuse among the elderly and teenagers.
Beijing-headquartered Longan has become the latest Chinese firm to venture into Hong Kong, after launching an office in the special administrative region.
Employment update: paid parental leave — government confirms commitment to PPL changes from 1 July 2015 download
On 13 May 2014 the federal government confirmed its election promise made in May 2013 to introduce a new paid parental leave (PPL) scheme from 1 July 2015.
The 22 April 2014 saw far-reaching changes to the way that the courts operate both physically and statutorily.
Private Client Bulletin — sharing the summer holidays; don’t take a risk drink-driving; give a lasting power of attorney; and more download
IBB Solicitors has released the spring 2014 issue of its Private Client Bulletin.
The new scheme will apply to parents of children expected to be born or placed for adoption on or after 5 April 2015 and is expected to come into force on 1 October 2014.
Khaitan & Co assists clients in tax-efficient wealth management and estate planning and also efficient business succession planning.
The Federal Court of Appeal has confirmed that the ground of discrimination due to family status under the Canadian Human Rights Act includes parental obligations which engage a parent’s legal responsibility for a child, such as childcare obligations.
The Audit Commission has claimed that fraud in the care system has almost doubled in a year as middle-class families attempt to hide their assets from HMRC.
ECJ confirms that commissioning mothers under surrogacy arrangements are not entitled to maternity leave download
The ECJ has held that a woman who becomes a mother by way of a surrogacy arrangement does not have the right to maternity leave under the Pregnant Workers Directive.
Family law revolution download
22 April 2014 marked ‘the largest reform of the family justice system any of us have seen or will see in our professional lifetimes’, according to the president of the Family Division.
Hogan Lovells and My Family Care are hosting a roundtable session on 8 May 2014 to take a look at the implications of the shared parental leave regulations.
No5 Chambers has welcomed Heather Popley, Claire Howell, Laura Vickers and Katie Miller to the Family Law Group.
A brave new world — Family Court download
As Sam Cooke sang, ‘a change is gonna come’. For family lawyers, change is upon us. The single Family Court is live as of 22 April. So what will the changes mean?
Irwin Mitchell has announced the promotion of 10 lawyers to partner, a slight drop on last year’s record promotions round of 14.
Nine members from Withers’ family team have been featured in Spear’s magazine’s 2014 Family Lawyers Index.
When a relationship breaks down, whether a couple are married or not, problems can arise over children, money and property.
Feltham v Bouskell provides a cautionary tale for lawyers regarding the need to act quickly upon the receipt of instructions from elderly or ill clients.
Joanne Edwards has made several radio and television appearances to discuss family justice reforms coming into effect in England and Wales.
The aim is that judges of all levels of seniority will be able to sit in the same building and cases can be allocated to the most appropriate judge.
Anthony Collins Solicitors has announced a workshop on how to make real the forthcoming regulatory requirements on asset registers and living wills.
Paul Weller recently won damages after the Mail Online published images of his children. Andrew Terry, partner and media expert at Eversheds has commented on the decision.
Penningtons Manches has announced that Joanne Edwards has become chair of Resolution, a 6,500-strong national family law association.
No5 Chambers’ Becket Bedford, with Zane Malik as junior, has won a significant advance in the protection of child rights on asylum.
Yale Law Women has selected Hogan Lovells as a top 10 family-friendly firm in its annual policy survey, Top 10 Family Friendly Firms Initiative.
Same-sex couples are now legally allowed to marry for the first time in this jurisdiction.
April showers changes on employers download
The 6 April is a day for change for employers because it is one of the government’s two annual ‘common commencement dates’.
There is a widespread belief in the concept of ‘common law marriage’, which couples think will protect them when they buy property together. This is incorrect.
This briefing note summarises the availability of public funding for individuals during the inquest process.
For many people, their home is their most valuable asset and can give rise to a significant inheritance tax liability on their death (or the death of the surviving spouse).
If a married couple (or civil partners) jointly own an asset, then the income from the asset is automatically assessed on them 50:50 for tax purposes.
IRS issues guidance regarding the Windsor decision’s application to qualified retirement plans download
The US IRS has issued Notice 2014-19 addressing how qualified retirement plans must treat the marriages of same-sex couples in light of United States v Windsor.
Nigel Shepherd, a partner in Mills & Reeve’s family and matrimonial team, has been appointed vice-chair of national family law organisation Resolution.
Approachable and commercially aware, our specialists have in-depth experience of the issues faced by businesses when managing their staff.
The Penningtons Manches private client team provides innovative, clear and tailored solutions.
Our family law department offers the highest quality of service to our clients, stemming from the experience and talent of outstanding family lawyers.
The clinical negligence group at Penningtons Manches is regarded as one of the leading specialist medical negligence teams in the country.
Our specialist team has established a reputation for advising and assisting on a range of issues relating to personal injury trusts, capacity and deputyships.
Mills & Reeve has released the April 2014 edition of its Health Legal Update, which includes information on NHS commercial, employment and patient matters.
In IRS Notice 2014-19 and accompanying FAQs, the IRS issued long-awaited guidance addressing the treatment of same-sex spouses under qualified retirement plans.
In a two-part analysis, Withers compared how different jurisdictions dealt with spousal maintenance.
The court has emphasised that sharing stops on divorce — so logic dictates that with the marriage over, sharing has no place in the assessment of maintenance.
The government has removed what has been a significant capital gains tax downside that applied on the death of the vulnerable beneficiary of certain types of disabled person’s trust.
Partner — Jersey
Changes in the law should make it easier for victims of domestic violence to access public funding to obtain legal advice and assistance.
It is hard now to imagine growing up in a world without the internet. The online environment is invaluable for learning, socialising and entertaining everyone, not least children.
The bitter marital split of aviation tycoon Clive Joy has highlighted the issue the role tax efficient offshore trusts can play in lengthy High Court divorces.
The court may make an order that provides for part of an ex-spouse’s maintenance to be paid from a percentage of the breadwinner’s future bonus payments.
Partner — Jersey
Injunctions in matrimonial matters download
Michael Gouriet and Natalie O’Shea review the court’s approach to anti-suit injunctions and also consider what Ahmed & Anor v Mustafa demonstrates about injunctions.
Anthony Collins solicitor Carole Burgher has been appointed as district judge on the advice of the Lord Chancellor, the Right Honourable Chris Grayling MP.
The High Court of Australia has upheld the decision of the NSW Court of Appeal in the case of Norrie v NSW Registrar of Births, Deaths and Marriages.
This briefing provides an explanation of how the new flexible working regime will work, along with some advice for employers on how to minimise the risks of litigation.
Anthony Collins Solicitors has announced that its Personal Planning Management Team adheres to the STEP Code for Will Preparation in England and Wales.
Nassera Butt of No5 Chambers’ Family Law Group has been shortlisted for Barrister of the Year at the Leicestershire Law Society Legal Awards 2014.
Our family law solicitors are experienced, compassionate and caring experts who have one aim — to protect the rights of the child.
We’re here to help you resolve divorce and separation issues as swiftly and sensitively as possible with caring, compassionate advice and representation.
At IBB Solicitors, our wills, trusts and probate solicitors are here to help you plan for your family’s future.
The government is considering making emotional cruelty to children a criminal offence. Under the plans, parents who deny their children affection face prosecution.
Up Close and Personnel — March 2014: dismissal for absence due to post-natal depression was not discriminatory download
In Lyons v DWP Jobcentre Plus, the EAT upheld the decision of the Employment Tribunal.
The next year will see a series of significant changes to employment law. This article outlines the major changes and the dates when they will come into effect.
Whether you’re a private individual or a commercial enterprise, our trust and fiduciary lawyers work with you and your advisers to establish the appropriate structure.
Employers will need to take steps to prepare for the extension of the right to request flexible working arrangements on 30 June.
Interpretation of ‘issue’ in wills download
The bailiff was recently asked to consider an application from Mrs Le Cras for a ruling from the court as to the interpretation of her late father’s two wills.
Same-sex couples can now marry, but there is still a huge injustice in the family law system. Richard Phillips of IBB explains.
Mrs Justice Eleanor King has warned of the dangers of informal surrogacy arrangements outside regulated fertility clinics, when an intended mother was left with no parental rights.
Guernsey: all potentially interested parties to be considered by the court when blessing a decision of trustees download
The Guernsey Court of Appeal has upheld a decision blessing a trustee’s decision to pay for the costs of refinancing a trust asset from the assets of a family trust.
At the end of February 2014, the Law Commission released its long-awaited report titled ‘Matrimonial Property, Needs and Agreements’.
Surrogacy: European Court decides that only the mother giving birth can take maternity leave download
The two women who brought claims in the European Court both used surrogate mothers in order to have a child.
Budget Summary: spring edition 2014 download
Winckworth Sherwood has released the 2014 spring edition of its Budget Summary.
The OSCR has concluded that St Margaret’s was engaging in discrimination given its refusal to place children with same-sex couples.
The Supreme Court judgment in P & Q and P v Cheshire West has finally been handed down. Barrister Laura Davidson from No5 Chambers comments on the decision.
The Charity Commission has investigated the Family and Childcare Trust after concerns were raised that its activities on Twitter amounted to party political activity.
This article focuses on the changes brought about by the decisions in Re A (Children: Habitual Residence)  UKSC 60 and LC (children)  UKSC 1.
Budget announcement — 19 March 2014: income tax and NICs, capital gains tax, employee incentives and pensions download
Employees are likely to welcome the changes to the way in which they can access their pension savings in a defined-contribution scheme.
The Children and Families Act 2014 has received Royal Assent and will introduce several employment law changes for working parents.
Research has revealed that women are failing to get to boardroom positions due to lack of recognition, rather than because of taking time off to have children.
Eversheds partner Naeema Choudry has commented on the EU’s stance that EU law does not require that a mother who has had a baby through a surrogacy arrangement should be entitled to maternity leave or its equivalent.
Women who have children by surrogate mothers not entitled to maternity leave under European law download
The ECJ has confirmed that a woman who has a child by a surrogate mother is not entitled to the benefit of EU pregnancy and maternity rights.
Collyer Bristow has recruited experienced international private client tax specialist William Hancock from Speechly Bircham.
No5 Chambers is sponsoring this year’s Child Brain Injury Trust Conference and Exhibition, which is due to take place on 26 March in Manchester.
The government has published three sets of draft regulations concerning the new shared parental leave scheme and how it will operate.
Withers provides a reminder of the nasty but often overlooked traps that it regularly comes across on UK domicile.
One aim of the Online Safety Bill is to educate parents about online safety. Educating parents to keep their children safe is the most effective safeguarding measure.
Figures show that an increasing number of young children are savvier about the internet than their parents and can circumvent filters put in place by their parents.
The Marriage (Same Sex Couples) Act 2013 comes into force on 13 March 2014, with the first same-sex weddings taking place on 29 March 2014.
Paul Reeves, an employment partner at Stephenson Harwood, has commented on the highly anticipated extension of the right to request flexible working.
Following Mr Grantham’s passing, his family discovered that he had written a will leaving his entire estate to Battersea Dogs Home.
Emily Brand, a partner in Winckworth Sherwood’s family team, has been quoted in an article in The Guardian that discusses pre-nuptial agreements.
BIS has announced that the extension of the right to request flexible working to all employees with 26 weeks’ service will be ‘available’ from 30 June this year.
Barrister Nassera Butt from No5 Chambers represented a local surrogate in a partial surrogacy case in July 2013 before Mrs Justice King.
A new system of shared parental leave will supplement the current maternity, adoption and paternity leave schemes with effect from April 2015.
39 Essex Street’s Jenni Richards QC successfully persuaded the High Court that a widow has the right to save her dead husband’s frozen sperm so that she could have his children in the future.
Mourant Ozannes has a new Guernsey advocate. Matthew Guthrie, a senior associate within the international trusts and private client practice, has been sworn in at the Royal Court of Guernsey.
Mourant Ozannes has a new Jersey advocate and Jersey solicitor. James Daniel and Carol Doherty appeared before the Royal Court of Jersey on 3 March 2014.
Acas publishes final draft of statutory code of practice for handling flexible working requests download
Acas has published the final draft of the statutory code of practice that will govern the new extended right to request flexible working.
Khristy Spyrou and Myria Agathocleous have been unanimously voted to be partners of Pamboridis.
London-based law firm Collyer Bristow has announced that it has recruited experienced family law practitioner Sue Breen from Hodge, Jones & Allen.
Family disputes over the provisions of a will are a relatively common occurrence in Bermuda courts.
Headlines from the Law Commission report on matrimonial property, needs and agreements — part one download
The Law Commission has published its much awaited report on matrimonial property, needs and agreements.
Headlines from the Law Commission report on matrimonial property, needs and agreements — part two download
Withers sets out some of the main issues raised by the proposed reforms.
The Law Commission for England and Wales has published its report on matrimonial property, needs and agreements.
Divorce lawyer Raymond Tooth and his former protégée, the self-proclaimed “diva of divorce” Ayesha Vardag, have reached a settlement in a bitter battle over allegations she attempted to poach his clients.
If you do not make a will, then you lose control over what happens to your estate following your death.
Employment Appeal Tribunal decision confirms no extension of civil partners’ survivor benefits download
The EAT has confirmed that the restriction of a surviving civil partner’s pension to the member’s post-4 December 2005 pensionable service is compatible with EU law.
The claimant in The Solicitors Regulation Authority v Mitchell had agreed with her employers that she could work from home two days each week to facilitate childcare arrangements.
Direct disclosure obligations resulting from joinder of adult beneficiaries to matrimonial proceedings affecting trusts download
The trustees had applied to the Royal Court of Jersey and the Eastern Caribbean Supreme Court for the approval of their decisions not to participate in the English financial remedy proceedings.
As a result of budgetary constraints, the Family Courts are under more pressure than ever before.
Family law… but not as we know it download
Huge procedural changes will be made with the creation of a single Family Court and reform of court procedures.
This is a follow-up to the article on the joinder of beneficiaries to English divorce proceedings in Withers’ Family Law News of September 2013.
Disputes about which country should deal with a divorce and financial claims are high-stake, with international couples navigating through complex international, EU and domestic laws.
Eighteen months after inception, family arbitration is now firmly up and running in England and Wales.
From 13 March 2014, under English and Welsh law, married persons of the same sex will need to be provided with the same pension rights as those in civil partnerships.
Anthony Collins Solicitors’ children law team was recently involved in the case of a young child whose mother had died, leaving her care in question.
Taylor Wessing has acted on behalf of Lord and Lady Tanlaw and their family trusts in relation to the sale of Fandstan Electric Group to New York-listed Wabtec.
Mills & Reeve has published the February edition of its Health Legal Update, which includes information on the NHS, regulatory news, patient matters and legal processes.
Valentine’s Day should be a romance fest but can sometimes signal the end. Which is where the right legal solution can help.
Dacheng senior partner Wang Fang has been named as one of the top 10 family law attorneys in Beijing by the Beijing Lawyers Association.
The regions might stand shoulder-to-shoulder with London on criminal justice issues but there is everything to fight for when it comes to commercial work
Make way for family arbitration download
Arbitration can achieve an outcome for separating couples for a fraction of the cost and a fraction of the time that it would take to pursue court proceedings.
Withers and Focus, an expat membership organisation for international people living in the UK, have put together a survey to help understand awareness levels around succession planning.
All employees who have worked for their employer for 26 weeks or more will have the right to request flexible working, rather than just parents or carers.
Mills & Reeve looks at the implications of the Supreme’s Court’s recent decision in Marley v Rawlings (2014).
The Abbott government is proposing to use its constitutional powers to remove existing arrangements contained in awards, agreements and company policies.
Acas publishes final draft of statutory code of practice for handling flexible working requests and new non-statutory guidance download
Acas has published the final draft of the statutory code of practice that will govern the right to request flexible working. It is accompanied by a more detailed non-statutory guide.
A new case in the court of session reminds lenders that a high degree of care is required where a wife is granting a security on account of her husband’s debts.
Pre nups are big news, but will the Law Commission’s recommendations clarify the law?
Fladgate has continued its recent run of lateral hires with a pair of partners from Dentons and Ashfords.
The first same-sex marriages can take place in England and Wales on 29 March 2014. The legislation gives surviving same-sex spouses similar occupational pension rights to civil partners.
The government has announced how the new system of shared parental leave will work when it comes into force in April 2015.
Qualified mediators and senior associates Elisabeth Howe and Maria Ramon are now able to assess a couple’s suitability for mediation.
Assets bequeathed or the manner in which they are bequeathed can lead to unnecessary costs and complications for the beneficiaries.
Anthony Collins Solicitors has completed a three-day inquest into the death of four-year-old Freya Wells.
In the UK, the government has now confirmed the framework for shared parental leave, which comes into force in April 2015.
It’s important to think about how your assets will be managed after death — and that’s where having an estate planning strategy can prove beneficial.
For bankers the ruling in the recent divorce case of P v P is a real bonus.
Withers has announced that Suzanne Todd, a partner in family law team, has been named in The Lawyer’s ‘Hot 100’ report this year.
Former archbishop of Canterbury Dr Rowan Williams spoke about the culture of the ‘marketisation of marriage’ at a debate hosted by Winckworth Sherwood.
Family law cases are increasingly complex and the trio of family specialists named in the Hot 100 are examples of those leading the way.
No5 Chambers barrister Robin Rowland will speak at Jordan’s Family Law Update 2014, which will be held in Birmingham on 5 February and in Cardiff on 26 February.
We are experts in coronial law and appear in inquests as well as claims for judicial review of coroners’ decisions.
Men should take up their new rights so that flexible working becomes the accepted norm for both sexes
AA (Somalia) — Supreme Court says home secretary should amend the refugee family reunion rule for children download
The Supreme Court has strongly indicated to the home secretary that she should amend the immigration rules concerning family reunion of children with refugees in the UK.
On 8 March 2013, the amount of unpaid parental leave that can be taken per parent, per child, increased from 13 to 18 weeks.
Herts and Bedfordshire firm HilliersHRW has gone into administration after the firm was unable to pay for professional indemnity insurance (PII) cover.
The recent decision of senior judge Lush in the case of Re GM provides a window into the workings of a dysfunctional lay deputyship.
Hogan Lovells has detailed the developments expected in employment law in 2014.
Is the Family Court getting an undeserved bad press?
The Chambers UK Bar Guide has ranked No5 Chambers in 15 practice areas.
The decision of the Supreme Court in London in the divorce proceedings of Prest v Petrodel Resources Ltd and Others was awaited with eager anticipation.
We are now at the end of dispute resolution week (DR) promoting #keepingitoutofcourt.
Tax planning for Christmas? download
End-of-year gifting can move assets out of one estate into one taxed at lower rates and/or channel assets to the next generation.
Document disclosure is vital in some divorce cases, as the long and bitter Young row demonstrates
Yasmin Prest won her landmark divorce ruling when the Supreme Court ordered Mr Prest’s companies to transfer to her a number of properties as part of her lump-sum award.
A lack of testamentary capacity is arguably the most commonly pleaded claim by disgruntled family members that are not happy with the contents of a deceased’s will.
Complex web of interests after ailing football pundit’s enduring power of attorney decision
Joinder of adult beneficiaries to matrimonial proceedings affecting trusts — Tchenguiz-Immerman v Immerman download
In this case, the English Family Division provided some helpful guidance on its approach to adult beneficiaries of offshore trusts being joined as parties to matrimonial proceedings.
Earlier this year, the Court of Appeal heard the case of Day & Another v Day, which involved an application seeking the rectification of a conveyance of property that took place in 1985.
Ogier has four people included in Citywealth’s Jersey Future Leaders list: three from Ogier Private Wealth and one from Ogier Legal.
Series of unfortunate events shows legal profession taking a major role in latest outing of TV show
Mills & Reeve have taken on two new solicitors in the last month: Amy Starnes for the Cambridge office and newly qualified solicitor Jane Boothfor the firm’s Leeds office.
Three new trainee solicitors have been taken on at law firm Sintons as part of its commitment to supporting aspiring legal talent in the region.
Memery Crystal has improved on its rankings in the latest UK Legal 500, which was released on 26 September 2013.
The Court of Appeal considered the way in which the matrimonial property regime in Russia would be recognised in respect of English property held in a Cayman law trust.
Sintons has been recognised by The Legal 500 for its excellence and in-depth expertise across a range of legal disciplines.
Under English law, all individuals have what is called a ‘domicile’, and not more than one domicile, at any one time.
Our specialist members provide skilled advice and representation in all courts from family proceedings to the House of Lords.
Comprising of one of the largest immigration groups in the country, the barristers at No5 are at the cutting edge of the development of the law in the field. No5 Chambers has a truly national presence, with offices in London, Birmingham and Bristol.
Manches is close to sealing a merger with private client firm Penningtons in a move that would create a £60m firm of roughly 250 lawyers.
Chester-headquartered Aaron & Partners has added its tenth equity partner through the appointment of family lawyer Richard Barge.
In this round-up of recent cases, Mills & Reeve looks at a solicitor’s duty at a mediation, drafting a will for an elderly client, and a limitation claim.
Andrew Goodman, a partner in Taylor Wessing’s Private Client team, has been confirmed as part of the line-up for WealthBriefing’s upcoming Breakfast Briefing.
On 26 June 2013, the Supreme Court of the United States issued two rulings that significantly advanced same-sex marriage rights in America.
The emergence of social-media websites as indispensable communication tools has raised the question of what happens to our electronic information when we die.
The Inheritance and Trustees’ Powers Bill, which makes significant amendments to the intestacy rules, recently had its first reading in the House of Lords.
Roger Bamber, a mediator lawyer from Mills & Reeve, has been shortlisted for Most Innovative Family Lawyer at this year’s Family Law Awards.
Hogan Lovells has been named on the Working Mother Media and Flex-Time Lawyers ‘50 Best Law Firms for Women’ list for the second year in a row.
Working Mother has named DLA Piper as one of the 50 best law firms for women, recognising the many programmes it offers to attract, retain and promote talented female lawyers.
On 22 July 2013, the Luxembourg Minister of Finances introduced a new law bill, no. 6595, concerning the creation of patrimonial foundations in Luxembourg.
Joinder of trustees and treatment of trust assets in English matrimonial proceedings: DR v GR and others download
The judgment of Mostyn J concerned divorce proceedings in the Family Division of the English High Court and an application for the variation of a settlement under s24(1)(c) of the Matrimonial Causes Act 1973.
It is well known that undue influence is notoriously difficult to establish in the context of a will.
Women who are pregnant or on maternity leave have numerous legal rights, but many of these are commonly misunderstood by employers.
The Fair Work Commission has found that an employer’s unreasonable refusal of an employee’s request to work part time after a period of parental leave constituted constructive dismissal.
Shoosmiths considers the current statutory paternity leave entitlements of expectant fathers and how these are expected to change in the future. While some employers offer more generous contractual benefits, the only legal requirement is…
More clarity but no more finality on ‘piercing the corporate veil’ — Prest v Petrodel Corp  UKSC 34.
Excluding lawyers from the divorce process is a false economy that will only pile on the agony
You can rely on our personal and family expertise to give you the best possible legal advice and support.
A recent judgment in the Scottish Court of Session has underlined the need for divorced or separated couples to ensure that their interests are adequately protected.
Hogan Lovells has filed multiple amicus briefs in the landmark marriage-equality cases US v Windsor and Hollingsworth v Perry.
A new law entitles the employee to have a meeting with the employer at the end of parental leave and an extension of the non-remunerated parental leave.
The Supreme Court’s ‘third way’ in Petrodel v Prest could throw up more problems and more opportunities for litigation than it solves.
Court confirms there is a principle of English law that enables a court in very limited circumstances to pierce the corporate veil download
The English Supreme Court has confirmed that there is a principle of English law that enables a court in very limited circumstances to pierce the corporate veil.
SC’s judgment treads the fine line between burden of proof and the corporate veil in divorce disputes
Mills & Reeve discusses the Petrodel Resources v Prest judgment.
Family lawyers have welcomed the Supreme Court ruling in today’s landmark divorce case, Prest v Petrodel, as a victory for common sense.
The Supreme Court has ordered divorced husband Michael Prest to transfer to his former wife, Yasmin Prest, properties held by companies owned and controlled by him, as part of a £17.5m divorce award.
The Supreme Court will next week decide whether oil tycoon Michael Prest can escape handing over assets totalling £17.5m to his ex-wide because the assets are owned by his company, Petrodel.
Mills & Reeve has announced that its merger with Manchester firm George Davies has completed.
The private client industry in Jersey is likely to become increasingly involved with putting in place succession planning and asset protection structures that relate to family businesses.
Confusion often surrounds the difference between obtaining a divorce and a settlement resolving the family finances following the breakdown of a marriage.
Addleshaw Goddard is increasing its capability across the Arabian Gulf and targeting further growth with the addition of a new office in Qatar.
Mills & Reeve advises Virgin Care.
Figures released by the Office of the Head of International Family Justice for England and Wales reveal a 40 per cent increase in the number of international family disputes handled in the last year.
The Summer Term edition of Winckworth Sherwood’s Heads Up! publication is available now.
France is to allow gay marriage, but unlike England, its courts are not prepared if the union ends in divorce
Berwin Leighton Paisner (BLP) has successfully fought off a attempt by a Russian businessman and former politician to use English law in a dispute over the ownership of a London property with his ex-wife.
Taylor Wessing has announced the addition of a lateral hire to its private client practice. Sanjvee Shah is set to join the firm on 7 May 2013.
ACH Shoosmiths has opened its new offices in the heart of Edinburgh’s business and financial district.
Evidence of the cost and acrimony caused by divorce can be found on an almost daily basis in the UK media, laying bare the separation details of ‘celebrities’.
Law à la Mode: Issue 9 — Spring 2013 download
Issue 9 of DLA Piper’s Law à la Mode publication is available now.
Walker Morris has released the April 2013 edition of its Education Update.
On 15 April 2013, Working Together to Safeguard Children (2013) came into force. This document should be complied with unless exceptional circumstances arise.
Mills & Reeve has announced six new internal partner appointments, which will take effect from 1 June 2013.
Same-sex marriages and civil unions/partnerships will not be recognised in Bermuda.
Keeping it in the family download
A number of high-profile English cases have recently shone the spotlight upon the treatment of inherited property in divorce proceedings.
Olswang has acted for Alpha Private Equity Fund 6 on the acquisition of Redcats’ children and family division from Kering/PPR for €119m.
The US Department of Labor has updated the Family and Medical Leave Act regulations.
Chadbourne & Parke has represented OutServe-SLDN in a Supreme Court effort to overturn DOMA.
Complaints relating to divorce and family law are almost double that of other areas, with around 13 per cent of clients dissatisfied with the way their lawyers handled cases.
The ex-wife of Del Monte’s chief executive and chairman has agreed to a divorce settlement of £15m.
Children and Families Bill 2012/13 download
The UK government has been considering changes to family-friendly rights. In early February 2013, the proposals came one step closer to becoming reality with the introduction of the Children and Families Bill 2012/13.
Withers is to launch a consultancy group following client demand for a service that will help family-run businesses resolve arguments.
Our long-established and highly experienced family team complements our private client department by providing you with discrete expert advice when either you or a member of your family is experiencing a life-changing event.
Collaborative family law is a dignified and cooperative approach to negotiating, in which the commitment of the parties and their lawyers is to achieve a settlement that is as suitable as possible for all parties concerned.
Sorting out the finances on divorce can be the most difficult part of a marriage breakdown to resolve.
Divorce: a brief guide download
Obtaining a divorce is not a complex matter. However, it does involve a rigid statutory procedure that must be followed.
Did you know that most of the successful businesses in the Gulf are in fact family owned?
It was a legal first when Rupinder Bains and her firm won a landmark order against Facebook last year.
The news in September 2012 that family partner Helen Ward (scroll down for video interview) was quitting Manches with a team of lawyers and staff was one of the biggest stories to hit the world of divorce law for some time.
Collyer Bristow is the latest firm to embrace fixed fees with the launch of a fixed-fee divorce package.
The former wife of oil tycoon Michael Prest is to take her case to the Supreme Court in March next year after the Court of Appeal (CoA) ruled against her claim that Prest should be forced to hand over assets totalling £17.5m.
Mr Justice Coleridge has been cleared of judicial misconduct over his involvement with pro-marriage charity the Marriage Foundation, but said he would take a “lower profile” position.
Co-operative Legal Services (CLS) has launched its family law operation offering fixed fees for services such as divorce, child protection, mediation and financial issues.
Withers has announced a bumper round of partner promotions, with five added to its partnership.
The Court of Appeal (CoA) has overturned a first instance decision to award an actor £1.7m following the break-up of his civil partnership to a City analyst.
Payne Hicks Beach is being sued by a client who claims a mistake by Britain’s highest-profile divorce lawyer Fiona Shackleton cost him £250,000.
A group of legal associations have launched a landmark scheme to enable the resolution of family disputes through arbitration, it was announced today.
Harbottle & Lewis is offering preconception contracts to non-traditional families looking to have children in the wake of a landmark High Court case that introduced the concept of principal and secondary parenting.
Celebrity divorce go-to firm Mishcon de Reya has teamed up with Debrett’s - etiquette and manners advisors since 1769 - to publish a £12.99 guide on how to maintain a level of decorum and good manners in the usually messy business of divorce.
Supreme Court Justice Lord Wilson has reaffirmed his commitment to collaborative family law and other non-court methods while slamming the Government’s plans to cut legal aid, which he called a “false economy”.
Mishcon de Reya is to launch a family practice in its New York office after hiring family partner Michael Stutman from US firm Mayerson Stutman Abramowitz.
The Supreme Court has today restored a county court judgment that supports a court’s right to decide the ’fairest’ way of dividing property when cohabiting couples split up.
The Co-operative’s hire of three senior family lawyers as directors to kick-start its conversion to an alternative business structure (ABS) (TheLawyer. com, 2 November) could be the first of many such launches in the consumer sector.
Mills & Reeve is to provide fixed-price family services as it prepares to compete with non-legal players entering the profession.
Lawyers and family law campaign groups have widely welcomed the family justice review aimed at tackling the “shocking delays” in the family justice system.
The Co-operative is set to enter the family law market with the hire of a partner duo from London firm TV Edwards, including the firm’s managing partner Jenny Beck.
Harbottle & Lewis family head Tom Amlot has left the firm to join niche family boutique Alexiou Fisher Philipps (AFP) as its sixth partner.
West End firm Howard Kennedy is attempting to kick-start the growth of a family practice with the hire of partner Juliette Peters.
The shadow attorney general Baroness Scotland has joined family chambers 4 Paper Buildings as a member.
Family lawyers could be forgiven for saying they have no time for their day jobs at the moment.
What legitimate social policy could justify retiring a partner or employee?
Divorcing couples will be forced to attend a compulsory mediation awareness session before they are allowed to use the courts, the Ministry of Justice has formally announced today.
The Court of Appeal (CoA) has ordered an oil technology millionaire to raise his divorce settlement payout from £5.4m to £8m.
It is a depressing statistical fact that 43 per cent of first marriages now end in divorce, the highest level it has ever been. Yet divorce law has largely been developed through the courts, with successive governments having resisted meddling in this controversial area.
The Co-operative Bank has unveiled plans to launch funding deals for individual firms to provide clients with loans to fund divorce cases.
The Supreme Court has ruled that “decisive weight” should be given to pre-nuptial agreements signed by spouses before getting married.
Withers has expanded its Hong Kong offering with the addition of an international family team led by partner Sharon Ser.
The Court of Appeal has ruled that separating couples will no longer be allowed to secretly obtain and use documents belonging to their partner in divorce proceedings.
Dickinson Dees’ family law team will leave the firm later this year to set up a new firm called Silk Family Law.
Specialist family set QEB has been instructed to act on both sides of the celbrity divorce of pop star Cheryl Cole and her footballer husband Ashley.
Howes Percival has brought in former Harvey Ingram partner Jane Cowley to head its new family law team, as the firm forges ahead with plans to expand its private client offering.
A solicitor is suing his own firm for negligence and damages in the region of £300,000 in connection with advice he received concerning his divorce.
Russell Jones & Walker (RJW) is putting its newly acquired family and private client team at the heart of its growth strategy two years after outsourcing the practice.
Gorvins senior partner George Marriott is set to join Russell Jones & Walker (RJW) in a move that will give the latter firm a base in Milton Keynes for the first time.
Russell-Cooke is facing a court action from an elderly widow, who is claiming breach of duty against the firm and the executors of her late husband’s will.
The family team at Birmingham-based Martineau has established a Saturday-morning practice so that rich potential divorcés can get a more discreet service.
Legislation governing family life should be overhauled to better reflect 21st century living, leading family lawyers have said.
A Watson Burton partner duo has quit to launch a family and professional indemnity (PI) boutique.
Allowing hacks into the melting pot of the family courts could have as yet unforeseen consequences, says Raymond Tooth and Jeffrey Nedas
The UK courts could be forced to recognise the binding powers of pre-nuptial agreements following a judgment handed down by the Court of Appeal today.
Mishcon de Reya is to revamp its private client practice to bring its flagship family practice into the fold.
In December last year Lord Chancellor Jack Straw QC declared that the Government would propose to change the law to allow access to the Family Court so that justice could be seen to be done.
The Co-operative Group has unveiled plans to create 3,000 jobs in the legal sector as it aims to revolutionise how legal services are delivered on the high street.
Family lawyers deal with a variety of individuals who need help to guide them through difficult and often complex personal situations.