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27 November 2014
Issue: 7632 / Categories: Features , Civil way , Procedure & practice
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Civil way: 28 November 2014

Parents’ positive presumption, first jactitation, now exequatur, joint tenant beware, & where the multies are going

Mum and dad do you good

They have arrived and to prove it, they are here. These are the provisions relating to various private law child applications contained in s 11 of the Children and Families Act 2014 which were commenced on 22 October 2014 by SI 2014/2749 but do not apply to prior proceedings which are still running. For reasons best known to someone, s 11 has come under the auspices of the Department for Education and was omitted from the ostensibly world-shattering children and family reforms which hit us on 22 April 2014.

So what is the latest reform all about? In the matter of contested applications to make, vary or discharge an order under s 8 of the Children Act 1989 and applications for parental responsibility under ss 44(1) (c), (2A) or 4ZA (1) (c) or (5) (got that?!), the presumption is raised that the involvement of a parent in the life of the child

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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