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Family judges are used to controversy and accept the fact that there will always be an embittered few who accuse them of 'playing God'. However, one striking case shows that they will only break up families when doing so is necessary to ensure the long-term welfare of children and where there is no other viable option. Social workers had long expressed deep concern about three young children whose mother suffered from cognitive and physical limitations. The youngest child had a history of disturbed behaviour, including threatening teachers and exposing himself....

People who get into financial difficulties leading to bankruptcy will be relieved to hear of a recent decision by the Court of Appeal which has confirmed that a bankrupt cannot be forced to draw down their pension entitlement to provide funds for their creditors. The case involved a man, now aged 61, who declared himself bankrupt in 2012. A trustee in bankruptcy was appointed. The trustee sought access to his very substantial pension funds, which the man is now able to take, in order to satisfy the claims of his...

Claims by disappointed children seeking a share, or a larger share, of a parental estate are on the rise, with the latest figures published showing a year-on-year increase of more than 10 per cent in such claims. Although a widely reported case (Ilott v Mitson) – in which the disinherited daughter of a woman successfully claimed for provision out of her estate – may have been partly responsible for the uptick, it should be borne in mind that the outcomes of such cases are highly fact specific and also that...

Property rights are strongly protected under English law and those who have their land compulsorily purchased by public authorities are entitled to full compensation. In one case, a man whose house was acquired by a local authority against his will in order to make way for a major regeneration project was awarded more than £320,000. The house was derelict, having suffered arson and vandalism, and its value lay in the development potential of the land on which it stood. It had the benefit of two planning consents for various forms...