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  • Article

    The Autumn Budget And Its Impact On Inheritance Tax

    In October 2024 the so-called Autumn Budget was announced in which the UK Government announced a £40 billion package of tax increases. One of the areas most affected by the Budget announcements was inheritance tax (IHT).
    United KingdomTax
    Mortlake Law & Mediation
    Mortlake Law & Mediation
  • Article

    Transfer Of A Beneficial Interest In Company Shares – You Don't Need It To Be In Writing

    The Supreme Court upheld that a beneficiary can transfer their beneficial interest in private company shares to the trustee orally, without the need for written documentation, due to the exception under Section 53(2) of the Law of Property Act 1925.
    United KingdomCorporate/Commercial Law
    Mortlake Law & Mediation
    Mortlake Law & Mediation
  • Article

    A Disclaimed Gift In A Will – Who Receives It?

    The High Court heard a case regarding the distribution of an estate where one of the beneficiaries disclaimed their inheritance.
    United KingdomFamily and Matrimonial
    Mortlake Law & Mediation
    Mortlake Law & Mediation
  • Article

    Can A Step-parent Legally Acquire Parental Responsibility?

    A step-parent married to, or in a civil partnership with, a parent can gain parental responsibility through a Parental Responsibility Agreement (PRA) or a Parental Responsibility Order (PRO). These options allow shared responsibility without affecting the child's relationship with their biological parents.
    United KingdomFamily and Matrimonial
    Mortlake Law & Mediation
    Mortlake Law & Mediation
  • Article

    Right To Self-identity And A Change Of Given Name

    The Court of Appeal upheld a non-binary teenager's legal right to change their given name, emphasizing the child's welfare, Article 8 ECHR rights, and the importance of self-identity, overriding parental objections and setting a significant precedent.
    United KingdomFamily and Matrimonial
    Mortlake Law & Mediation
    Mortlake Law & Mediation
  • Article

    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.
    United KingdomLitigation, Mediation & Arbitration
    Mortlake Law & Mediation
    Mortlake Law & Mediation
  • Article

    Why You Should Consider Mediation Before Litigating

    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 & Anor [2024] EWCA Misc 19)...
    United KingdomFamily and Matrimonial
    Mortlake Law & Mediation
    Mortlake Law & Mediation
  • Article

    The Legitimacy Of International Surrogacy Agreements And Parental Orders

    The High Court approved a Parental Order under the HFEA 2008, transferring parenthood from the surrogate to the applicants, Mr. and Mrs. W. The decision upheld the statutory criteria, including the surrogate's free consent and reasonable compensation for expenses. The ruling underscores the importance of procedural compliance and clarifies the interpretation of "reasonable expenses" in non-commercial surrogacy arrangements.
    United KingdomFamily and Matrimonial
    Mortlake Law & Mediation
    Mortlake Law & Mediation
  • Article

    Divorce Overseas And Ensuing Financial Provisions

    Under the Matrimonial and Family Proceedings Act 1984, English courts can grant financial remedies after overseas divorces if there's a connection to England or Wales, subject to jurisdictional requirements and a two-stage application process.
    United KingdomFamily and Matrimonial
    Mortlake Law & Mediation
    Mortlake Law & Mediation
  • Article

    The Implication Of A Person's Marital Status On The Transfer Of Shares.

    The High Court faced an application relating to the interpretation of a shareholders' agreement (SHA) and a company's articles of association (AoA)...
    United KingdomFamily and Matrimonial
    Mortlake Law & Mediation
    Mortlake Law & Mediation
  • Article

    Forced Caesarean Section Is In The Best Interest Of A Mother Detained Under The Mental Health Act

    The Court of Protection (CoP) was faced with a difficult question regarding whether a Caesarean section (C-section) against the mother's wishes was in her best interest due to her mental health.
    United KingdomFood, Drugs, Healthcare, Life Sciences
    Mortlake Law & Mediation
    Mortlake Law & Mediation
  • Article

    Is Parental Consent Required For The Treatment Of A Minor Child?

    The High Court ruled that parental consent was sufficient to authorize treatment and restraint of a 12-year-old with anorexia nervosa, highlighting the balance between preserving a child's life and personal liberty.
    United KingdomFamily and Matrimonial
    Mortlake Law & Mediation
    Mortlake Law & Mediation
  • Article

    Abuse Of Process – Ensure Your Application Brings Something New

    The High Court dealt with a divorce case ‘as extraordinary as one can imagine', one that spanned two decades and continents.
    United KingdomFamily and Matrimonial
    Mortlake Law & Mediation
    Mortlake Law & Mediation
  • Article

    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.
    United KingdomFamily and Matrimonial
    Mortlake Law & Mediation
    Mortlake Law & Mediation
  • Article

    Crypto Assets: Can I Ensure My Ex-Partner Does Not Sell Them Before The Divorce Is Finalised?

    The High Court, in Armeniakou vs Thomson, granted a domestic freezing order on cryptocurrency assets during a matrimonial dispute, emphasizing four key criteria: merit, risk of dissipation, justness, and court jurisdiction, while limiting scope to UK assets only.
    United KingdomTechnology
    Mortlake Law & Mediation
    Mortlake Law & Mediation
  • Article

    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 making...
    United KingdomFamily and Matrimonial
    Mortlake Law & Mediation
    Mortlake Law & Mediation
  • Article

    Does The 'Right-to-buy' Defy Death?

    Mrs. Laura Howe was the secure tenant of a council house in Wembley. On the 11th of May 2020, Mrs. Howe sent the Council a Section 122(1) Housing Act 1985 notice, including a completed and signed right-to-buy.
    United KingdomReal Estate and Construction
    Mortlake Law & Mediation
    Mortlake Law & Mediation
  • Article

    Recognition Of Nigerian Adoption

    The High Court had to apply the common law test for the recognition of foreign adoption.
    WorldwideFamily and Matrimonial
    Mortlake Law & Mediation
    Mortlake Law & Mediation
  • Article

    Considering An Unlawful Foreign Surrogacy Arrangement – Think About It Twice!

    The High Court took the opportunity given by this case to issue a stark warning to parents considering unlawful surrogacy abroad.
    CyprusFamily and Matrimonial
    Mortlake Law & Mediation
    Mortlake Law & Mediation
  • Article

    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 to fund the costs...
    WorldwideFamily and Matrimonial
    Mortlake Law & Mediation
    Mortlake Law & Mediation

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