In Prest v Petrodel the Supreme Court kept company law principles intact and used property and trust law to reach a fair conclusion - but not all agree with Lord Sumption. Hazel Wright takes a closer look at the decision, while our commentators share their own take on the longer-term implications of the decision (see box below)
Cuts to legal aid are hitting family practitioners' client base like never before. As the Law Society pub lishes a practice note on unbundling, we try to demystify a term mired in misunderstanding. Face-to-face advice, transparent costing and clearly-defined services - unbundling is supposed to be the simple way, so why is it so confusing?
As changes to legal aid are implemented and the modernisation of the family courts gets under way, family law practitioner group Resolution mark a momentous year in more ways than one. Emily Bater visits Resolutions 25th annual conference and speaks to chair Liz Edwards
In her latest ‘Family business’ column, Marilyn Stowe questioned the government’s support of mediation and ADR, claiming that it has failed to produce results. Solicitor Peter Jones (below) and mediator Marc Lopatin (right) respond that instead of falling back on old methods, family lawyers must push themselves and their clients towards these alternatives before it’s too late
Recommendations for the modernisation of the family justice system are undoubtedly sensible but their success in practice will depend both on resources and on stakeholders’ willingness to develop a new culture, say Rachel Langdale QC and Susannah Johnson
The courts have been wary of allowing litigants in property disputes to import the principles set out in Jones in respect of cohabitation but already there are signs that this approach may not be set in stone,
Cases involving unmarried couples appear to be decided on the principle that the relationship was entered into under the expectation it would endure but statistics and instructions to solicitors seem to be telling another story. Jonathan West and Alex Matheson report
Placing a child in secure care is a sensitive subject, but the court has dealt with it rightly by considering the child’s rights and interests as well as the need to avoid unnecessary delay, says Paul Stanley QC