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15 April 2010 / Richard Sims
Issue: 7413 / Categories: Features , Wills & Probate , Family
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Code of conduct

Richard Sims reports on developments in family provision & intestacy

The last few years have seen a number of cases in both the Chancery Division and the family courts where the behaviour of the parties has had a bearing on the outcome of the case or, at the very least, has been taken into consideration as a factor. While conduct has, since 1984, generally been a matter of irrelevance in divorce proceedings, the same cannot be said of family provision claims.

In Baynes v Hedger [2009] EWCA Civ 374, [2009] All ER (D) 50 (May) the claimant’s mother had been in a same-sex relationship with the deceased. It was held that the mere fact of receiving gifts was not sufficient, as it was apparent that the gifts were made by the deceased only with reluctance, and under a great deal of emotional pressure. The Court of Appeal acknowledged that the deceased had provided for her god-daughter, the claimant, during her lifetime but that her financial difficulties were of her own making. (See 159 NLJ

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A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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