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Cognate meaning

What does Cognate mean?
In legal practice, cognate describes a blood relative connected through a female line, typically on the mother’s side, and is commonly contrasted with an agnate (related through an unbroken male line). It signifies consanguinity (blood relationship), not affinity (relationship by marriage). The term is largely descriptive and is seldom defined in modern UK or Irish legislation. It most often arises when construing older wills, settlements, deeds and commentaries, or in pedigree and succession disputes where class terms such as “cognates” or “agnates” are used. Typical examples of cognates include a maternal aunt, uncle, cousin, or grandparent. Usage is broadly consistent across England & Wales, Northern Ireland and Ireland, where current intestacy statutes do not rely on the agnate/cognate distinction. In Scotland, the distinction featured in historical succession materials and older authorities; modern intestacy under the Succession (Scotland) Act 1964 no longer turns on that terminology, but it may still be relevant when interpreting earlier instruments. Note: some legal-historical sources use cognate more broadly to mean any blood relative not traced exclusively through males. Always read the specific instrument or authority to determine intended scope.
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NEWS
Singapore CA affirms generous construction and two-stage test for 'arising out of or in connection with' arbitration clauses in anti-suit injunctions (COSCO Shipping v PT OKI)

COSCO Shipping Specialised Carriers Co, Ltd v PT OKI Pulp & Paper Mills and others and another matter [2024] SGCA 50 What are the practical implications of this case? This decision offers a concise distillation of the governing principles for assessing whether foreign litigation falls within the scope of an arbitration clause—and is thus brought in contravention of that clause—for the purpose of seeking an anti-suit injunction. It furnishes significant guidance on the bearing of cognate jurisprudence concerning applications to stay court actions in favour of arbitration under s 6 of the Singapore International Arbitration Act 1994, and sets out the proper yardstick for deciding whether there is a ‘dispute arising out of or in connection with’ the parties’ contract where a contractual defence, or a reasonably foreseeable contractual defence, exists to a tort claim, and/or where a contractual cross‑claim is generated by the tort claim. On the facts, the court concluded that Indonesian court proceedings advancing a tortious cause of action had been started in breach of...

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View the related Practice Notes about Cognate

PRACTICE NOTES
MWPA 1882 s 17/CPA 2004 s 66 applications: scope, orders, eligibility and strategic use (improvements, engaged couples, interim sale), and overlap with MCA 1973/TOLATA—England and Wales

This Practice Note outlines the types of orders available under section 17 of the Married Women’s Property Act 1882 (MWPA 1882) and the cognate provision in the Civil Partnership Act 2004 (CPA 2004), as broadened by a number of other statutes over time. It explains who may seek such relief and the circumstances in which these provisions may assist in practice, and highlights specific topics, such as contributions towards enhancing property and the entitlements of formerly engaged couples. It also describes how proceedings under MWPA 1882, s 17 / CPA 2004, s 66 interact with applications for a financial order between parties to matrimonial or civil partnership proceedings. On enactment, the MWPA 1882 markedly altered the legal rights of married women at the time. Most of the MWPA 1882 has since been repealed in subsequent reforms. Nonetheless, MWPA 1882, s 17 remains operative and, together with other legislation widening its scope, offers a discrete procedural pathway enabling the court to make whatever order it deems appropriate where necessary in relation...

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