16. Surrogacy

Medical Law ◽  
2019 ◽  
pp. 861-904
Author(s):  
Emily Jackson
Keyword(s):  
Family Courts ◽  
The Family ◽  
The Law ◽  
The Uk ◽  
Law Commission ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter first discusses the legitimacy of surrogacy, and considers the particular issues raised by outsourcing surrogacy to India. It then turns to the regulation of surrogacy in the UK. Although commercial involvement in surrogacy is prohibited, the court has a wide discretion to retrospectively authorize payments to surrogacy mothers. This chapter considers the increasing number of surrogacy cases reaching the family courts, many of them involving overseas surrogacy arrangements, and evaluates how the law might be reformed, once the Law Commission has completed its review.

The Family Court of Australia: A Triumph or Disaster?

1988 ◽  
Vol 13 (4) ◽  
pp. 9-11
Author(s):  
J. Neville Turner
Keyword(s):  
Family Court ◽  
Law Reform ◽  
Royal Commission ◽  
Radical Reform ◽  
Family Courts ◽  
Divorce Laws ◽  
The Family ◽  
The Law ◽  
Set Up ◽  
Law Commission

The Family Court was introduced in Australia in 1976, almost by legislative legerdemain. There had been little debate about it beforehand. There was no Royal Commission, no Law Reform Report. There was little public agitation or debate about its merits. It was suddenly upon us, as part and parcel of the reform of the divorce laws.How this differs from the position in other countries! In England, the Law Commission invited submissions on Family Courts as early as 1970. The Finer Committee in 1974 strongly recommended them! Numerous commentators since have advocated them in one form or another. The debate continues! But none has yet been set up! France and Germany have established tribunals loosely akin to our Family Court. But they are pallid imitations only. Other countries have tried some experiments. But I know of no country, save possibly Japan, that has established such a radical reform as Australia.

12. Interests in the Home: The Acquisition Question

2021 ◽  
pp. 435-480
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Contentious Issue ◽  
The Family ◽  
Beneficial Ownership ◽  
The Common ◽  
Family Home ◽  
Law Commission ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter explores the acquisition question in relation to the family home through an analysis of the doctrines of resulting and constructive trusts. The chapter explains the different initial presumptions drawn in cases of joint and sole legal ownership and the particular approach that has been adopted in the case of a home purchased ‘in joint names for joint occupation by a married or unmarried couple, where both are responsible for any mortgage’. The chapter considers how the ‘common intention’ of parties in relation to the common intention constructive trust is determined differently in relation to the primary acquisition question (in cases of sole legal ownership) and the secondary question of the quantification of beneficial shares (applicable in cases of joint and sole beneficial ownership). The chapter addresses the contentious issue of the extent to which the courts’ broader approach to common intention in relation to quantification may be carried over to the primary acquisition question. The chapter considers statutory rights to occupy and current Law Commission proposals for reform.

5. Financial provision on divorce or dissolution

2017 ◽  
Author(s):  
Susan Heenan ◽  
Anna Heenan
Keyword(s):  
Child Support ◽  
Essential Information ◽  
Civil Partnership ◽  
Commission Report ◽  
The Law ◽  
The Uk ◽  
Law Commission

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses financial provision on divorce or dissolution of marriage or civil partnership, including housing and everyday expenses of the parties and any children involved. It considers the courts’ statutory powers to redistribute property in case of divorce, nullity, judicial separation, or the dissolution of a civil partnership. The chapter explains how civil partners in the UK are treated under the Civil Partnership Act 2004 (CPA) and the courts’ application of the provisions of the Matrimonial Causes Act 1973 (MCA) in reaching a decision in divorce cases. It also discusses the three principles of financial needs, compensation, and sharing used by the courts in making an award; nuptial agreements; the Law Commission Report on Matrimonial Property, Needs and Agreements; and provision for children under the MCA, the CPA, the Child Support Act 1991, and the Children Act 1989.

16. Interests in the home:

2015 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Contentious Issue ◽  
The Family ◽  
Beneficial Ownership ◽  
The Common ◽  
Family Home ◽  
Law Commission ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter explores the acquisition question in relation to the family home through an analysis of the doctrines of resulting and constructive trusts. The chapter explains the different initial presumptions drawn in cases of joint and sole legal ownership and the particular approach that has been adopted in the case of a home purchased ‘in joint names for joint occupation by a married or unmarried couple, where both are responsible for any mortgage’. The chapter considers how the ‘common intention’ of parties in relation to the common intention constructive trust is determined differently in relation to the primary acquisition question (in cases of sole legal ownership) and the secondary question of the quantification of beneficial shares (applicable in cases of joint and sole beneficial ownership). The chapter addresses the contentious issue of the extent to which the courts’ broader approach to common intention in relation to quantification may be carried over to the primary acquisition question. is joint and equal beneficial ownership. The chapter considers statutory rights to occupy and current Law Commission proposals for reform.

scholarly journals The UK’s corporate killing law: Un/fit for purpose?

2017 ◽  
Vol 18 (4) ◽  
pp. 488-507 ◽  
Author(s):  
Steve Tombs
Keyword(s):  
Criminal Justice ◽  
Overwhelming Majority ◽  
Annual Total ◽  
Fit For Purpose ◽  
The Law ◽  
Corporate Manslaughter ◽  
The Uk ◽  
Law Commission

The annual total of occupational deaths in the UK is measured in the tens of thousands, yet the overwhelming majority attract no criminal justice attention. More recently, a very small number of deaths have generated attempts to prosecute companies for manslaughter. In 1996, following a series of multiple fatality ‘disasters’, the Law Commission proposed for a new law on corporate manslaughter; in 2008, the Corporate Manslaughter and Corporate Homicide Act 2007 came into force. It is with the implementation and effects of this Act that this article is concerned. It begins by setting out the dimensions of the new law before analysing the key themes that have emerged from its use to date. In conclusion, I consider whether the law has proven to be unfit for purpose—which begs the question of what that purpose might have been.

scholarly journals Gross Negligence Manslaughter by Omission

2018 ◽  
Vol 82 (2) ◽  
pp. 127-137
Author(s):  
Cath Crosby
Keyword(s):  
Rule Of Law ◽  
Criminal Liability ◽  
The Rule Of Law ◽  
Good Samaritan ◽  
The Law ◽  
Law Commission ◽  
Academic Debate

There has been much academic debate concerning criminal liability for omissions and the extent to which such liability should be extended. The focus here concerns a recent, unreported, conviction for gross negligence manslaughter which raises the question of how far the courts and the Crown Prosecution Service are willing to blur existing boundaries of omissions liability and the established principles of causation. By scrutinising the current legal duties to act required for such liability to arise in the context of R v Bowditch, it will be demonstrated that we are moving incrementally towards a Good Samaritan law but with an absence of fair warning to guide citizens. Further, it is apparent from this conviction that the restricted principles of causation that apply to actions are not as restrictive when applied to omissions. It is clearly timely for the Law Commission to act to determine appropriate boundaries so that omissions liability complies with the rule of law.

8. Formal Methods of Acquisition: Contracts, Deeds, and Registration

Land Law ◽  
2018 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Formal Methods ◽  
Legal Rights ◽  
Land Registration ◽  
Three Stages ◽  
The Creation ◽  
The Law ◽  
Law Commission ◽  
Fundamental Objective ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource.This chapter describes the formality requirements that must be complied with for the creation or transfer of legal estates and interests in land. The three stages of creating and transferring legal rights are contract, creation or transfer, and registration. The Law of Property (Miscellaneous Provisions) Act 1989 increased the formality requirements for contracts and made more severe the consequences of non-compliance. Under s 2 of the 1989 Act, a contract may take the form of a single document signed by both parties or an exchange of documents, each of which has been signed by one of the parties. Non-compliance results in a document being void as a contract for sale of land, but a valid contract may be obtained through use of collateral contracts or rectification. The Law Commission had envisaged the use of estoppel in appropriate cases in which formality requirements for a contract for sale were not complied with. The fundamental objective of the Land Registration Act 2002 (LRA 2002) is directly associated with the introduction of e-conveyancing. The goal of attaining e-conveyancing has not been deserted, but its introduction appears just as far away now as it did when the LRA 2002 passed into law.

20. Regulating Leases and Protecting Occupiers

2021 ◽  
pp. 754-777
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Property Right ◽  
New Approach ◽  
Turn On ◽  
The Status ◽  
Statutory Protection ◽  
The Law ◽  
Law Commission ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter reviews the statutory protection potentially available to B if he or she has a lease. It is shown that, in some cases, B can be seen as having a lease (at least, in the sense used by a particular statute) even if B has no property right. A lease can give B status: the status of a party qualifying for statutory protection. As the Law Commission has noted, however, it is questionable whether the availability of such protection should continue to turn on whether B has a lease, rather than a licence, and a new approach has recently been taken in Wales.

New Zealand's Succession Law: Subverting Reasonable Expectations

2008 ◽  
Vol 37 (4) ◽  
pp. 356-379 ◽  
Author(s):  
Nicola Peart
Keyword(s):  
New Zealand ◽  
Strong Support ◽  
The Family ◽  
The Law ◽  
Liberal Approach ◽  
Law Commission

Succession law in New Zealand has been widely criticized for many years as being incoherent and unprincipled both in regard to its approach to property entitlements for spouses and unmarried partners and in its liberal approach to support claims under the Family Protection Act 1955. Although testamentary freedom was said to apply in New Zealand, the reality was rather different. The Wills Act 1837 was also seen as unnecessarily defeating testamentary intentions. Based on research indicating strong support for testamentary freedom and widespread objections to testators' lack of autonomy, the New Zealand Law Commission recommended radically reforming the law to give better effect to testamentary wishes subject to limitations that were coherent, principled and in line with rights and duties during a testator's lifetime. Parliament largely ignored those recommendations. Between 2001 and 2007, it reformed several statutes affecting succession law, but it did so in piecemeal fashion. Succession law was not viewed holistically and fundamental concerns about ill-defined and unprincipled limits on testamentary freedom were not addressed. The reforms were driven by conflicting policies. While the new Wills Act 2007 is intended to give better effect to testamentary wishes, that aim is frustrated by the enhanced property entitlements of surviving spouses and unmarried partners provided by the Property (Relationships) Amendment Act 2001 and Parliament's failure to curb the liberal approach to support claims under the Family Protection Act. As a result, there is now a greater likelihood than before that testamentary wishes will be undermined and reasonable expectations of testators and their beneficiaries subverted.

12. Interests in the Home: The Acquisition Question

Land Law ◽  
2018 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Contentious Issue ◽  
The Family ◽  
Beneficial Ownership ◽  
The Common ◽  
Family Home ◽  
Law Commission ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter explores the acquisition question in relation to the family home through an analysis of the doctrines of resulting and constructive trusts. The chapter explains the different initial presumptions drawn in cases of joint and sole legal ownership and the particular approach that has been adopted in the case of a home purchased ‘in joint names for joint occupation by a married or unmarried couple, where both are responsible for any mortgage’. The chapter considers how the ‘common intention’ of parties in relation to the common intention constructive trust is determined differently in relation to the primary acquisition question (in cases of sole legal ownership) and the secondary question of the quantification of beneficial shares (applicable in cases of joint and sole beneficial ownership). The chapter addresses the contentious issue of the extent to which the courts’ broader approach to common intention in relation to quantification may be carried over to the primary acquisition question. The chapter considers statutory rights to occupy and current Law Commission proposals for reform.

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