A new scheme has been launched to encourage the use of arbitration in family disputes involving the welfare of children. The Family Law Arbitration Children Scheme was set up four years ago to help families resolve financial issues. Now the Institute of Family Law Arbitrators, which runs the scheme, wants to extend it to cover disputes concerning the exercise of parental responsibility. The kind of issues covered include where children …Read More
Trust enabled Duke of Westminster to avoid billions in tax
The late Duke of Westminster saved his family billions of pounds by using a trust that allows wealth to pass through the generations without attracting a large inheritance tax liability. The Duke died in August leaving an estate valued at £9bn. It’s thought nearly all of that wealth will pass to his son Hugh without triggering death duties. This is because under a complex trust structure, the family are trustees …Read More
More than half a million people open Help to Buy ISAs
More than half a million people have opened Help to Buy ISAs in just six months, according to the latest government figures. The ISAs became available last December. They are very attractive to first time buyers because the government has agreed to add a 25% bonus to a person’s savings as long as the money is used to buy a home. The maximum bonus is £3,000, available when your Help …Read More
Daughters lose appeal after being left out of father’s will
A father had understood what he was doing when he left his daughters out of his will and made specific provisions for the division of his estate. That was the decision of the Court of Appeal in the case of two daughters who believed their father had been subjected to undue influence shortly before his death. The court heard that the father had substantial shares in a company. While in …Read More
Court orders that abducted girl should be returned to her mother
A court has ordered that a nine-year-old girl who was abducted by her father should be returned to her mother. The case involved an English father and a Polish mother who had separated after a long relationship. Following a dispute over their daughter’s residence, the English court declared that the child had become habitually resident in Poland and that she should remain there in her mother’s custody. An order was …Read More
Employee on sick leave can carry over holiday entitlement
The European Court of Justice (ECJ) has confirmed that an employee who is unable to take annual leave because of sickness can carry over the entitlement to a later date. The case involved a teacher in Poland who was convalescing from an illness and unable to take her annual leave. When she later came to claim it, her school said that it had been used up during her sick leave. …Read More
Asda fails to block equal pay claim at employment tribunal
The retailer Asda has failed in its attempt to force 7,000 women to pursue equal pay claims in the High Court instead of at an employment tribunal. The case involved claims by more than 7,000 Asda employees, overwhelmingly women, working in its stores across the UK. They claimed equal pay with staff, mainly men, employed in distribution depots. Asda considered the case to be exceptional and of great significance for …Read More
Court warns against secretly recording children in family cases
A judge has outlined why it would nearly always be wrong to secretly record children’s conversations as a way of gathering evidence in family proceedings. The issue arose in a case involving a dispute between a father and mother over the residence of their daughter. The father and his new partner wanted to know what the child was saying at meetings with her social worker, a family support worker and …Read More
Divorced husband allowed to challenge former mother-in-law’s will
A divorced husband has been given permission by the Court of Appeal to challenge the will of his former mother-in-law. The issue arose out of the divorce settlement between Colin Randall and his former wife Hilary. Mrs Randall had agreed that if she inherited anything from her mother, she would keep the first £100,000 and share the remainder equally with Mr Randall. However, when the mother died several years later, …Read More
Wife told to accept husband’s offer in divorce settlement
A wife has been told to accept a divorce settlement that provided her with £2m in cash plus the exclusive right to live in a valuable London flat for the rest of her life. The case involved a couple who both came from wealthy families. The husband had a well-paid job but the wife did not work. They had three children, who were at school in London. Most of the …Read More