Monthly Archives: May 2015

Permission To Appeal

A Judgment has been handed down by the Court of Appeal last week P v P [2015] EWCA Civ 447.  The Court of Appeal dismissed an appeal against the decision of Mostyn J (reported as AB V CB and Trustees of X Trust [2014] EWHC 2998 (Fam)). The case considered whether a settlement was a nuptial settlement susceptible to variation under section 24(1)(c) of the Matrimonial Causes Act 1973 and the exercise of that power.
However, interestingly the court considered whether permission to appeal should always be made to the court of first instance.  This was the view of Mostyn J who considered in July 2014 that an application for permission to appeal should always (emphasis added) be made to the court at first instance before an approach is made to the Court of Appeal.  Jackson LJ clarified the position:

for the five reasons set out in paragraph 52.3…

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Should Surrogacy Laws in the UK be Reviewed?

Recent matters before the courts, brought to light in the media, have some people calling for reviews of current UK surrogacy laws.
Time for Review?
Critics of the current situation believe a lack of proper legal framework is enabling issues to occur. They feel that some surrogacy matters may not have ended up before the courts if there was more reform and structure around surrogacy.
In order to prevent some surrogacy disputes from going to court, proponents of change are calling for review and the potential adoption of more American-style surrogacy laws. With a properly supported framework, advocates say surrogacy arrangements can be made more soundly. Furthermore, if they do end up before the courts, complainants may be better supported.
The Current Situation
The main issue, according to critics, is that current surrogacy arrangements may no…

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Are Delays Defeating Justice?

Cuts to Legal Aid and the rise of Litigants in Person are contributing to an overwhelmed court system. Accordingly, the courts are experiencing an increasing backlog. Are these delays defeating justice?
Simplification of Civil Procedure Rules
Lord Dyson certainly believes so. At a recent Law Society event, the Master of the Rolls called for further simplification of the current Civil Procedure Rules. He is hopeful that this will aid in relieving the current issue of delays.
Due to a higher proportion of self-represented litigants, Lord Dyson believes that we should prepare for changes in how litigation is conducted. The changes should make court proceedings more effective; they should also reduce costs and backlogs.
Is Change Truly Possible?
Change is never easy, and while reforms to Civil Procedure Rules won’t happen overnight, Lord Dyson d…

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