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03 May 2013 / Sarah Caroline Boyle , Kate Molan
Issue: 7558 / Categories: Features , Family
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Keeping up with the neighbours

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Scottish legislators are ahead on cohabitation law, say Sarah Caroline Boyle & Kate Molan

Despite our close geography, Scots law and the law of England and Wales could scarcely be more different—certainly in relation to the financial consequences of personal relationships. This brings both opportunity (and risk) for practitioners north and south of the border. Despite Lady Hale’s highly publicised comments on the huge disparity in approach between our jurisdictions in the Supreme Court case of Gow v Grant [2012] UKSC 29, many English and Welsh practitioners are not alive to the Scottish provision—and the opportunities in even, apparently, “English” cases. There may still be scope to raise proceedings in Scotland and take advantage of the law in relation to financial provision for cohabitants. 

Scotland

The Family Law (Scotland) Act 2006 (FL(S)A 2006) gave cohabiting individuals (limited) rights in the event of their cohabitation ending (whether on death or relationship breakdown). Claims on death are not tackled in this article—they exist only if the deceased died intestate. Such

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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

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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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