Family Archives - Equity's Darling

31
Oct

Alternative Dispute Resolution, Family, Inheritance Act claims, Trusts of land

Letting the cat out of the bag? What are the implications of Haley v Haley for the arbitration of TOLATA disputes, 1975 Act claims and Schedule 1 matters?

Posted on October 31, 2020November 5, 2020 by Charlotte John

The decision of the Court of Appeal last week in Haley v Haley [2020] EWCA Civ 1369 represents a fundamental shift in the approach to be taken to challenges to financial remedy arbitration awards, made upon divorce or dissolution of civil partnerships pursuant to the provisions of the Matrimonial Causes Act 1973 (“MCA 1973”) (or […]

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28
Feb

Administration of trusts and estates, Family, Succession

Posthumously proving paternity: can the courts direct DNA testing after death?

Posted on February 28, 2018February 18, 2019 by Charlotte John

Photo credit: Composite – Reuters/Corbis/Getty The subject of posthumous DNA testing received international attention last year in the case of Salvador Dalí and we have had two decisions this month on the issue from the courts of England and Wales: Anderson v Spencer [2018] EWCA Civ 100, in which the Court of Appeal upheld the High Court’s […]

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