Issues of consent in fact-find hearing – Becket Chambers

‘In December 2019 Ms. Justice Russell DBE heard an appeal from a fact-finding hearing that took place in private law Children Act proceedings at the Central Family Court in London in the summer of 2019. Her judgement was given in January 2020 and is reported as JH v. MF [2020] EWHC 86 (Fam).’

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Becket Chambers, 17th February 2020

Source: becket-chambers.co.uk

Lawyers and women’s rights charities call for family court judge’s cases to be reviewed – Local Government Lawyer

‘Over 130 family lawyers and women’s rights groups have called for Judge Tolson’s continuing cases to be reviewed, following Justice Russell’s condemnation of the family court judge’s treatment of an allegation of sexual assault in a child protection fact-finding trial last month.’

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Local Government Lawyer, 20th February 2020

Source: www.localgovernmentlawyer.co.uk

Katrina O’Hara murder: Coroner recommends phone access changes – BBC News

Posted February 20th, 2020 in domestic violence, murder, news, telecommunications, victims by sally

‘A coroner has called for domestic abuse victims to have access to mobile phones after police seized a woman’s device days before her murder.’

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BBC News, 19th February 2020

Source: www.bbc.co.uk

Family courts not safe for domestic violence victims, lawyers say – The Guardian

Posted February 20th, 2020 in domestic violence, family courts, judiciary, news, rape, victims by sally

‘The family courts are not a safe place for victims of domestic violence because some judges there hold “outdated views” on sexual violence and issues of consent, according to a letter signed by 130 lawyers and professionals.’

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The Guardian, 19th February 2020

Source: www.theguardian.com

Domestic Abuse – Are Outdated Misconceptions Still Prevalent in the Legal System? – Becket Chambers

‘This article explores the issue of domestic abuse in the appeal of Re H v F [2020].’

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Becket Chambers, 17th February 2020

Source: becket-chambers.co.uk

Sexual assault in the family courts – a practical approach – Parklane Plowden

‘Looking at the issue of consent and considering how these cases should be approached following the decision in H v F [2020] EWHC 86 (fam).’

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Parklane Plowden, 18th February 2020

Source: www.parklaneplowden.co.uk

‘Outdated family-court rape views need addressing’ – BBC News

Posted February 19th, 2020 in appeals, consent, domestic violence, families, family courts, judges, news, rape, sexual offences by sally

‘A judge who dismissed a woman’s claim she had been raped, as she had done “nothing physically” to stop the alleged perpetrator, is among a number of family court judges to hold “outdated views”, a joint letter says.’

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BBC News, 19th February 2020

Source: www.bbc.co.uk

Caroline Flack: Who decides whether someone should go on trial? – BBC News

Posted February 18th, 2020 in assault, domestic violence, news, prosecutions, public interest by sally

‘TV presenter Caroline Flack was found dead in her home on Saturday, weeks before she was due to stand trial for assaulting her boyfriend, Lewis Burton.’

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BBC News, 17th February 2020

Source: www.bbc.co.uk

Lawyers highlight poor practice in private law cases and the impact on families – Transparency Project

‘A new research report paints a very alarming picture of the way in which some family courts are dealing with cases where there is domestic abuse, ignoring the procedures put in place by court rules. Academics at the University of Sussex conducted a survey of 88 lawyers who act in private law proceedings in Sussex.’

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Transparency Project, 14th February 2020

Source: www.transparencyproject.org.uk

Barristers warn of strain on defendants after Caroline Flack death – The Guardian

‘The death of the Love Island presenter Caroline Flack has prompted questions about the way the justice system deals with allegations of domestic abuse and the strains imposed on defendants.’

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The Guardian, 16th February 2020

Source: www.theguardian.com

Natalie Hemming murder: Authorities ‘missed opportunities’ – BBC News

Posted February 12th, 2020 in domestic violence, murder, news, police, social services by sally

‘Authorities “missed opportunities” to share information about a woman’s abusive partner before he murdered her, a review has found.’

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BBC News, 11th February 2020

Source: www.bbc.co.uk

How Plans To Triple The Police Bail Time Limit Could Affect Your Rights – Each Other

‘The length of time suspects could be bailed without being charged with a crime could be trebled under government plans.’

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Each Other, 7th February 2020

Source: eachother.org.uk

Lessons to be learned after judge criticised for ‘obsolescent’ views – Family Law

‘A family case has recently been the subject of an unusual level of attention from the media, both legal and mainstream, much of it reflecting badly upon the family justice system. I thought I should look at the case, in particular, the lessons that can, or cannot, be learned from it.’

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Family Law, 7th February 2020

Source: www.familylaw.co.uk

‘Training is not enough’: Family lawyers target Tolson over ‘outdated’ views on consent – Law Society’s Gazette

‘Lawyers, campaigners and politicians are calling for wider action to be taken after a judge was condemned for employing “obsolescent concepts” on consent in a family case.’

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Law Society's Gazette, 6th February 2020

Source: www.lawgazette.co.uk

Extradited killer jailed for murdering wife and daughters – BBC News

Posted February 6th, 2020 in domestic violence, extradition, murder, news, sentencing by sally

‘An abusive husband who fled the country after murdering his estranged wife and their two daughters has been jailed.’

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BBC News, 6th February 2020

Source: www.bbc.co.uk

Vulnerable witness, domestic abuse and special measures- the importance of ensuring a fair trial – Becket Chambers

‘This article explores the approach a court should take in relation to vulnerable witnesses, in particular those that have experienced domestic abuse. The recent case of H v F [2020] EWHC 86 (Fam) demonstrates that a case will be successful on appeal if the correct procedures are not complied with.’

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Becket Chambers, 3rd February 2020

Source: becket-chambers.co.uk

CPS knew rape ‘ambition’ could have perverse consequences – Law Society’s Gazette

‘The Crown Prosecution Service was aware in 2015 that its conviction rate “levels of ambition” could have unintended consequences, the Gazette can reveal.’

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Law Society's Gazette, 5th February 2020

Source: www.lawgazette.co.uk

Jessica Breeze cleared of father’s murder after ‘years of violence’ – BBC News

Posted February 4th, 2020 in coercive & controlling behaviour, domestic violence, homicide, news by sally

‘A woman who stabbed her “controlling” father after suffering years of abuse has been found not guilty of his murder and manslaughter.’

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BBC News, 3rd February 2020

Source: www.bbc.co.uk

Child cruelty case triggers call for home schooling review – The Guardian

Posted January 30th, 2020 in child abuse, child cruelty, child neglect, domestic violence, education, news by tracey

‘Child protection experts have called for a national review of home schooling following an inquiry into a case in which a violent stepfather and his partner subjected their young son to extreme neglect and abuse.’

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The Guardian, 29th January 2020

Source: www.theguardian.com

“No” means No. – JH v MF [2020] EWHC 86 (Fam): An Appeal from the Central Family Court – 5 SAH

‘This case, JH v MF [2020] EWHC 86 (Fam) was an appeal from the Central Family Court following a fact-finding trial before HHJ Robin Tolson QC in proceedings for a child arrangements order. The appellant mother (JH) had alleged domestic abuse, including two allegations of rape. She was represented by a barrister and the respondent father (MF) was unrepresented but supported by a McKenzie friend.’

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5 SAH, 23rd January 2020

Source: www.5sah.co.uk