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Hot off the press – Law blogs
I blog on topics which will interest and be useful to you. If you would like me to blog about a topic not mentioned here already, please let me know by emailing richard@mortlakelaw.co.uk and I’d be happy to research and write something for you.
Some treatments may cease to enhance quality of life
This decision is one in a sequence regarding best-interest decisions in the context of clinically-assisted nutrition and hydration.
Background:
In December 2017, XR, a 62-year-old man, suffered a...
Recognition of Nigerian adoption
The High Court had to apply the common law test for the recognition of foreign adoption.
Background:
Mrs. O, a Nigerian-born born in 1972, moved to live in the UK with...
Private care providers do not carry out public functions
The High Court was faced with the question of when a private care provider exercises a public function for the purposes of Section 6 of the Human Rights Act 1998...
Adoption orders where the adoption under the Foreign Element Regulations 2005 have not been fully complied with
The Court heard a case which raised important legal questions regarding the correct interpretation of Section 83 of the Adoption and Children Act 2002 (ACA 2002) and the possibility of...
A key ruling on restructuring an estate amid potential trustee conflicts
The High Court had to decide whether to approve a complex restructuring proposal for an estate.
Background:
The Portman Estate comprises various trusts and funds holding partnership interests in...
The legitimacy of international surrogacy agreements and Parental orders
The High Court faced an application for a Parental Order relating to a surrogacy arrangement made in Germany.
Background:
Mrs. W and Mr. W applied for a Parental Order application for...
Can a breach of trust result in equitable compensation?
The High Court, embroiled in longstanding litigation, had to determine whether equitable compensation for the breaches was owed and, if so, the quantum due.
Background:
Mrs. Linda Riley held in...
Material misrepresentation in financial remedy proceedings
The Court of Appeal (CoA) was asked whether the Lower Court should have set a judgement aside based on inaccurate evidence given by the wife and her failure to comply...
Guardianship order for a missing person
The High Court was faced with an unusual case, entailing many twists and turns, and had to decide whether to grant the mother of a 50-year-old man guardianship under the...
A sub-sale scheme between husband and wife may actually increase the consideration due to HMRC
It is tempting to sub-sell interests in a property to your spouse to avoid paying Stamp Duty Land Tax (SDLT). However, such a scheme could, in fact, backfire and result...
Using Artificial Intelligence in Mediation: A Guide to A1 for Efficient Conflict Resolution
Mediation, the process of helping disputing parties reach a mutual agreement, has long relied on human skills such as empathy, communication, and active listening. However, in recent years...
Assisted dying and inheritance, are they mutually exclusive?
The High Court (HC) had to decide whether a widower was allowed to inherit his late wife’s estate despite assisting her in her trip to a euthanasia clinic.
Background:
Mrs. Morris...
Negotiating relocation orders for a child
The High Court (HC) recently heard an appeal against a Family Court Order (FCO) permitting a mother to relocate with her child.
Background:
The father and mother met in 2015 and...
Why you should consider mediation before litigating.
Barny over a Barn
In June, an English court tackled the refusal by the (ultimately successful) defendants not to engage in mediation, with painful results for those defendants. (Conway v Conway...
The Court of Protection had to decide whether it was in a person’s best interests to continue haemodialysis treatment, given his complex medical conditions and the risks associated with the procedure
Background:
CD is 66 years old, a married father of four and grandfather of two. He is very family-oriented. He was cared for as an in-patient at a hospital operated by...
Selling your spouse’s property to fund your legal costs following a child abduction is not straightforward
The High Court was faced with this very unusual question when a mother did not seek to sequester the father’s property to pay the money she was owed, but rather...
Can a stepchild benefit from a trust?
The High Court was faced with a tricky situation in which a settlor though he had two biological children but it turns out one of the children was a stepchild...
No bypassing of Financial Dispute Resolution procedures
The High Court heard an appeal against interim orders, one of which dispense with Financial Dispute Resolution (FDR) and proceed straight to a final hearing.
Background:
Various interim orders have...