ArticleVoid And Voidability In The Recovery Of Trust AssetsThe Court of Appeal (CoA) heard a case regarding whether the sale of some trust assets was the result of the improper exercise of a fiduciary power.United KingdomCorporate/Commercial LawMortlake Law & Mediation
ArticleNot Married? You Must Prove That You Were Not At Your Marriage CeremonyThe High Court faced a complex case in which one party alleged that the couple was married in a civil ceremony while the other contended that it was a fraud...United KingdomFamily and MatrimonialMortlake Law & Mediation
ArticleDrafting Error In A Will – How Can A Court Assist?The High Court was faced with a complex case in which a drafting error would have created problems and resulted in partial intestacy. United KingdomFamily and MatrimonialMortlake Law & Mediation
ArticleNegotiating Relocation Orders For A ChildThe High Court upheld a Family Court order allowing a mother to relocate with her child, emphasizing welfare, balanced parental rights, and proportionality under Article 8 ECHR in relocation cases.United KingdomFamily and MatrimonialMortlake Law & Mediation
ArticleInternational Child Abduction: The Weight Given To Objections Of The ChildrenThe family courts have dealt with various abduction cases over the years and some have had similar factual circumstances. In at least two cases English courts were faced with the children...WorldwideFamily and MatrimonialMortlake Law & Mediation
ArticleUndue Influence And Restrictions Imposed On Existing Lasting Powers Of AttorneyThe Court of Protection restricted a daughter's influence over her elderly mother, citing undue influence, by modifying LPAs, mandating supervised contact, and employing both the Mental Capacity Act and inherent jurisdiction to protect the vulnerable individual.United KingdomFamily and MatrimonialMortlake Law & Mediation
ArticleWhat Is An 'Intolerable Situation' As Defined Under Article 13(b) Of The Hague Convention?The High Court clarified the scope of "intolerable situation" under Article 13(b) of the 1980 Hague Convention, ruling that the children's return to the U.S. posed no grave risk. It emphasized that Article 13(b) assesses potential risk, not welfare, and addressed the interplay between abduction and asylum proceedings.United KingdomFamily and MatrimonialMortlake Law & Mediation
ArticleWhile Giving To Charity Is Honourable, It Cannot Be Done To The Detriment Of The SpouseOn the 25th of March, 2020, Alexander Klein died aged 87. He left behind his wife of 17 years, Elena Klein (then aged 46), and a son Elliot, then aged 12. Mr. Klein was a wealthy man, but in his will, dated January 2011...United KingdomFamily and MatrimonialMortlake Law & Mediation
ArticleThe Welfare Of The Child Is Paramount In Situations Of Non-Therapeutic CircumcisionThe High Court rejected a father's request for a non-therapeutic circumcision of his son who is subject to a care order. United KingdomFood, Drugs, Healthcare, Life SciencesMortlake Law & Mediation
ArticleA Sub-Sale Scheme Between Husband And Wife May Actually Increase The Consideration Due To HMRCAn attempt to reduce Stamp Duty Land Tax through a spousal sub-sale backfired in a tribunal case, resulting in a higher chargeable consideration and a valid HMRC assessment.United KingdomReal Estate and ConstructionMortlake Law & Mediation
ArticleUsing Artificial Intelligence In Mediation: A Guide To A1 For Efficient Conflict ResolutionMediation, the process of helping disputing parties reach a mutual agreement, has long relied on human skills such as empathy, communication, and active listening. United KingdomTechnologyMortlake Law & Mediation
ArticleNo Summary Return To China For An Abducted ChildThe High Court was faced with a summary return order (SRO) for a child to a country which is not signatory of the 1980 Hague Convention.ChinaFamily and MatrimonialMortlake Law & Mediation
ArticleCan Your Parents Decide Where You Should Live, On The Ground That It Is In Your Best Interest?The High Court heard an application for the wardship of a young male wanting to return to the UK and whether the parents' decision to remove S to Ghana was within their rights of parental decision-making.GhanaFamily and MatrimonialMortlake Law & Mediation
ArticleChallenging A Grant Of Probate When The Person Concerned Is "Very Much Alive"In its opening line, Deputy Master Linwood noted, "This is an unusual probate claim in that the deceased says she is very much alive". NigeriaFamily and MatrimonialMortlake Law & Mediation
ArticleGuardianship Order For A Missing PersonThe 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 Guardianship (Missing Persons) Act 2017 (G(MP)A 2017). United KingdomFamily and MatrimonialMortlake Law & Mediation
ArticleLack Of Capacity To Engage In Sexual Relations Should Be Based On A "Clear, Causative Nexus"ZX was born in 2006 and, alongside his older brother, YX, has been the subject of care proceedings since he was three weeks old. There were concerns about their parents' mental health and issues.United KingdomFamily and MatrimonialMortlake Law & Mediation
ArticleSome Treatments May Cease To Enhance Quality Of LifeThe High Court ruled it was not in a vegetative patient's best interests to continue life-sustaining treatment, emphasizing the need for timely, rigorous best-interest decisions and adherence to statutory obligations by care providers.United KingdomLitigation, Mediation & ArbitrationMortlake Law & Mediation
ArticleAllegations Of Coercive Control Are Hard To ProveThe High Court was faced with a challenging case not only because of the complex family and cultural situation, but also because of alleged coercive control and manipulation. United KingdomFamily and MatrimonialMortlake Law & Mediation
ArticleBest Interest Means Timely And Effective ProcessesJP, a man with a prolonged disorder of consciousness (PDOC) following a severe hypoxic brain injury received clinically assisted nutrition and hydration (CANH). United KingdomFamily and MatrimonialMortlake Law & Mediation
ArticleA Sperm Donor Can Be The Legal FatherThe Court of Appeal upheld a ruling that a sperm donor, involved in both natural and artificial insemination, is the legal father of the child, emphasizing genetic parentage over assisted reproduction laws when the method of conception is unclear.United KingdomFamily and MatrimonialMortlake Law & Mediation