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15 April 2010 / Richard Sims
Issue: 7413 / Categories: Features , Wills & Probate , Family
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Code of conduct

Richard Sims reports on developments in family provision & intestacy

The last few years have seen a number of cases in both the Chancery Division and the family courts where the behaviour of the parties has had a bearing on the outcome of the case or, at the very least, has been taken into consideration as a factor. While conduct has, since 1984, generally been a matter of irrelevance in divorce proceedings, the same cannot be said of family provision claims.

In Baynes v Hedger [2009] EWCA Civ 374, [2009] All ER (D) 50 (May) the claimant’s mother had been in a same-sex relationship with the deceased. It was held that the mere fact of receiving gifts was not sufficient, as it was apparent that the gifts were made by the deceased only with reluctance, and under a great deal of emotional pressure. The Court of Appeal acknowledged that the deceased had provided for her god-daughter, the claimant, during her lifetime but that her financial difficulties were of her own making. (See 159 NLJ

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NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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