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04 September 2008 / David Barry
Issue: 7335 / Categories: Features , Family
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Family law update

Jurisdiction and the balance of fairness. David Barry discusses the implications of Bush & Bush

In Bush & Bush [2008] EWCA Civ 865, [2008] All ER (D) 320 (Jul) the parents married in London in 1988. They subsequently lived abroad but all three of their children (aged between 14 years and nine years) were born in England and held British citizenship. The children were never resident in England.

In September 2006 the family went to live in Spain. By February 2007 the parties separated. The eldest child lived with the father and subsequently the middle child also lived with him. In July 2007 the mother filed a divorce petition in England based on the parties' domicile.

The mother filed a statement of arrangements. On 31 July 2007 the father filed an acknowledgment of service and also filed his own statement of arrangements. It was agreed the parties and the children were all habitually resident in Spain. Born 3 August 2007 the father filed an application in the Court of First Instance, Marbella (the Spanish

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

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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.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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