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NEWS
Family analysis: In Mr and Mrs K v Mr and Mrs Z the court considered an application for a parental order by the intended parents, (the applicants), who were both aged 72 at the time of their application. The child had been born via a surrogacy arrangement in California. While all elements of section 54 of the Human Fertilisation and Embryology Act 2008 (HFEA 2008) criteria had been met, Mrs Justice Knowles expressed her concern, at the first hearing, that the applicant’s statements did not sufficiently detail the arrangements for the child’s care should they die or lose capacity during the child’s minority. The court was required to consider the child’s lifelong welfare interests when deciding whether to make a parental order and was obliged to examine carefully what arrangements had been made to secure the child’s welfare should incapacity or death befall either of the applicants. Natalie Sutherland, partner and head of Modern Families at Burgess Mee Family Law considers the decision.
GLOSSARY
Costs involved for custodianship, auditing and registration of ownership.
GLOSSARY
Items of costs which are recoverable in certain circumstances.
PRECEDENTS
Consultant’s appointment 1 In addition to the Services set out in Schedule [insert relevant schedule], the Consultant shall perform any additional services in connection with the Project which the Employer may instruct from time to time. Subject to clause 2, the Employer shall pay to the Consultant:
GLOSSARY
Also known as the state second pension (S2P) under the old state pension scheme (prior to 6 April 2016). This is no longer provided under the new state pension scheme with effect from 6 April 2016.
GLOSSARY
A facility provided by occupational pension schemes for members to boost retirement saving.
GLOSSARY
Contributions a scheme member elects to make over and above their normal contributions to secure extra benefits.
NEWS
Arbitration analysis: In this case, a company successfully resisted a winding-up petition by arguing that the debt had been waived under a deed containing an arbitration clause. The company maintained that any bona fide dispute regarding the debt must be resolved through arbitration, per Re Guy Lam. The petitioner disputed the arbitration clause. The judge dismissed the petition, confirming the existence of a bona fide dispute. In obiter, the judge highlighted the need to balance the public policy of upholding agreed alternative dispute resolution (ADR) against risks like third-party insolvency or frivolous defences. Notably, the judge followed Re Guy Lam over Sian Participation, holding its binding nature on Hong Kong proceedings even though the waiver deed was under Cayman Islands law. The judge also held, where the validity of the arbitration clause is challenged, a prima facie case of a binding arbitration clause needed to be shown and the strength of the argument may be taken into account in the exercise of the multi-factorial discretion. Written by Adrian Lai JP, barrister at Des Voeux Chambers; Zhang Ting of Beijing DOCVIT Law Firm.
NEWS
Law360, Expert Analysis: As the problem of modern slavery persists, UK companies must take a broad approach when rooting out slave labour in their supply chains, and should not ignore the risk posed by suppliers within the UK, says Maria Theodoulou of Stokoe.
NEWS
Law360, Expert analysis: As construction projects across the US face potential increases in the cost of materials and equipment driven by government-imposed tariffs, both owners and contractors alike are left feeling the strain. Written by Katrina Flores, associate, Stacy Bercun Bohm, partner, and John Neary, partner, at Akerman LLP.
NEWS
Restructuring & Insolvency analysis: The High Court held that service of a winding-up petition, where the company has a default registered office address (as set by the Registered Office Address (Rectification of register) Regulations 2024 (ROA(ROR)R 2024)), does not constitute valid service unless effected strictly in accordance with paragraph 2 of Schedule 4 to the Insolvency (England and Wales) Rules 2016 (IR 2016). In this case, HMRC’s petition was not deemed to have been properly served in accordance with IR 2016. Despite the underlying debt not being disputed, the winding-up petition was struck out. The decision clarifies the requirements for service of winding-up petitions on companies with Companies House default address and highlights the importance of strict compliance with the service regime under IR 2016. Written by Amy Halliday, associate and Luke Bergin, trainee solicitor at Addleshaw Goddard LLP.
NEWS
Practice compliance analysis: What Equality Act 2010 (EqA 2010) and Solicitors Regulation Authority (SRA) requirements exist to guide solicitors on undertaking work involving people with learning disabilities? Adam Slawson, solicitor and barrister (non-practising) in the health and social care department of Ben Hoare Bell, explores what lawyers can do to ensure their clients’ legal needs are addressed.