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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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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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