Re H (Children) [2015] EWCA Civ 583: Appealing decisions out of time and procedural rules for litigants in person – No. 5 Chambers

Posted July 27th, 2015 in appeals, family courts, litigants in person, news, time limits by sally

‘The recent case of Re H (Children) [2015] EWCA Civ 583 highlighted some of the difficulties that can be encountered by parties acting in person in family proceedings, and the stark consequences that can flow from a simple failure to follow procedural rules. The decision gives some guidance on the circumstances to be considered when deciding an application for relief from sanctions, namely an application for permission to appeal out of time.’

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No. 5 Chambers, 22nd June 2015

Source: www.no5.com

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Solicitor-advocates harming family justice – bar – Law Society’s Gazette

‘he bar has called for an independent review of advocacy in family law, over ‘a growing concern’ that an increase in the number of solicitors in conduct hearings has led to a decline in standards and ‘unjust’ outcomes.’

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Law Society’s Gazette, 20th July 2015

Source: www.lawgazette.co.uk

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Triennial Reviews of the Civil Justice Council and Family Justice Council Report – Courts and Tribunals Judiciary

Posted July 15th, 2015 in civil justice, Civil Justice Council, families, family courts, reports by tracey

‘Triennial Reviews of the Civil Justice Council and Family Justice Council were launched on the 4th November 2013.The Ministry of Justice have today (14th July 2015) published the final report of the review.’

Full report

Courts and Tribunals Judiciary, 14th July 2015

Source: www.judiciary.gov.uk

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Greater Transparency in Children Proceedings: A Note of Caution – Family Law week

‘Tom Wilson, pupil barrister at 1 Garden Court Family Law Chambers, examines the arguments in favour of greater transparency in the family justice system but sounds a note of caution.’

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Family Law Week, 9th July 2015

Source: www.familylawweek.co.uk

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NSPCC queries High Court judge’s smacking remarks – BBC News

‘Children need to be protected from being physically abused by their parents irrespective of “cultural sensitivities”, a UK charity has said.’

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BBC News, 10th June 2015

Source: www.bbc.co.uk

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Make allowances for immigrants who slap their children, says high court judge – The Guardian

‘Police and social workers should make allowances for immigrants who slap or hit their children when investigating allegations of physical abuse, a high court judge has said.’

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The Guardian, 10th June 2015

Source: www.guardian.co.uk

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In re K (Children) – WLR Daily

In re K (Children): [2015] EWCA Civ 543; [2015] WLR (D) 237

‘The Family Court had no power to order the Lord Chancellor to provide public funding for legal representation outside the legal aid scheme in the Legal Aid, Sentencing and Punishment of Offenders Act 2012.’

WLR Daily, 22nd May 2015

Source: www.iclr.co.uk

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Financial remedy and Wyatt v Vince – Law Society’s Gazette

‘Despite the highly unusual facts of Wyatt v Vince [2015] UKSC 14, the Supreme Court’s decision on 11 March to allow Ms Wyatt to proceed with her financial remedy application has attracted a great deal of comment. The Supreme Court unanimously allowed the wife’s appeal. Lord Wilson gave the leading judgment.’

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Law Society’s Gazette, 1st June 2015

Source: www.lawgazette.co.uk

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Men are treated fairly when trying to get access to their children in courts, study says – The Independent

Posted June 2nd, 2015 in family courts, news, parental rights, residence orders by sally

‘Men are not unfairly represented in family courts and are just as likely to have contact applications approved as women, an academic study of nearly 200 child custody cases from 2011 has concluded.’

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The Independent, 2nd June 2015

Source: www.independent.co.uk

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Patel v Mirza: Illegal Cats and a Place of Repentance – Family Law Week

‘John Wilson QC of 1 Hare Court analyses a Court of Appeal judgment on the illegality defence which may prove very pertinent to cohabitation and financial remedy cases.’

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Family Law Week, 15th April 2015

Source: www.familylawweek.co.uk

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CS v ACS and another – WLR Daily

CS v ACS and another [2015] EWHC 1005 (Fam); [2015] WLR (D) 171

‘The final sentence in paragraph 14.1 of Practice Direction 30A supplementing FPR Pt 30, stating that a consent order made by a district judge could be challenged only by way of an appeal, encroached on the right of a litigant in certain circumstances to apply to the court without first obtaining permission and was therefore ultra vires and should be treated as a nullity.’

WLR Daily, 16th April 2015

Source: www.iclr.co.uk

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Changes to the Divorce Process in England and Wales: Q&A – Family Law Week

‘HM Courts & Tribunals Service explain how the forthcoming changes will affect the divorce process in England and Wales.’

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Family Law Week, 15th April 2015

Source: www.familylawweek.co.uk

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News focus: law and justice pledges – Law Society’s Gazette

‘The general election manifestos are in – here’s our quick-fire summary of their headline pledges on law and justice.’

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Law Society’s Gazette, 20th April 2015

Source: www.lawgazette.co.uk

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Lack of representation ‘particularly unfair’ in emotive cases – Law Society’s Gazette

Posted April 17th, 2015 in family courts, legal representation, litigants in person, news by sally

‘A judge has stressed the importance of having lawyers in family court proceedings to prevent emotional self-represented litigants behaving in ways they might regret.’

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Law Society’s Gazette, 15th April 2015

Source: www.lawgazette.co.uk

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Tower Hamlets London Borough Council v M and others – WLR Daily

Tower Hamlets London Borough Council v M and others [2015] EWHC 869 (Fam); [2015] WLR (D) 155

‘Since the removal of a passport, even on a temporary basis, was a very significant incursion into an individual’s freedom and personal autonomy such an order should not be made lightly and required the fullest unpartisan information to be put before the court. It had never to be forgotten that the court required a very high degree of candour on the part of all of those involved.’

WLR Daily, 27th March 2015

Source: www.iclr.co.uk

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Judge sets out approach to cases where risk of children travelling to ISIS countries – Local Government Lawyer

‘A judge has set out a number of core principles relevant to cases where it is proposed to make young people at risk of travelling to ISIS countries, and particularly Syria, wards of the High Court and remove their passports.’

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Local Government Lawyer, 7th April 2015

Source: www.localgovernmentlawyer.co.uk

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Finance & Divorce Update – Family Law Week

Posted March 24th, 2015 in courts, divorce, family courts, financial provision, internet, news, reports, statistics by sally

‘Jessica Craigs, senior solicitor of Mills & Reeve LLP analyses the financial remedies and divorce news and cases from February 2015.’

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Family Law Week, 22nd March 2014

Source: www.familylawweek.co.uk

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‘Arrange family court open days’ – judiciary – Law Society’s Gazette

Posted March 24th, 2015 in children, courts, family courts, legal education, news, reports, witnesses by sally

‘Family courts should have annual open days for children, a report from the judiciary recommends.’

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Law Society’s Gazette, 23rd March 2015

Source: www.lawgazette.co.uk

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FAS v Bradford Metropolitan District Council and another – WLR Daily

Posted March 23rd, 2015 in adoption, children, citizenship, family courts, immigration, law reports by sally

FAS v Bradford Metropolitan District Council and another [2015] EWHC 622 (Fam); [2015] WLR (D) 128

‘It remained the case that the court would rarely make an adoption order when it would confer no benefits upon the child during its childhood but gave it a right of abode for the rest of its life. The proposition to that effect in In re B (A Minor) (Adoption Order: Nationality) [1999] 2 AC 136, 141–142, decided in the context of section 6 of the Adoption Act 1976 and the need to promote and safeguard the welfare of the child “throughout his childhood”, still applied despite the change in the welfare test effected by the Adoption and Children Act 2002, which now provided that the paramount (as opposed to the first) consideration was the child’s welfare “throughout his life”. Thus, where the court was in effect being asked to use adoption to confer citizenship prospectively upon an adult the courts were reluctant to trespass upon the area of the Home Secretary’s authority entrusted to him by Parliament.’

WLR Daily, 13th March 2015

Source: www.iclr.co.uk

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Final Report of the Vulnerable Witnesses and Children Working Group – Judiciary of England & Wales

‘Final Report of the Vulnerable Witnesses and Children Working Group.’

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Judiciary of England and Wales, 17th March 2015

Source: www.judiciary.gov.uk

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