Open justice ‘victory’ revisited – Family Law

‘Laws governing the release of court material to non-parties in civil cases post Cape Intermediate are clear, but has the decision moved transparency laws forward for family proceedings? David Burrows reports.’

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Family Law, 19th September 2019

Source: www.familylaw.co.uk

CA quashes paralegal’s “unfair” contempt sentence – Legal Futures

‘It was “manifestly unfair” for a circuit judge to issue a paralegal with a suspended six-month prison sentence for inadvertently breaching the Family Procedure Rules, the Court of Appeal has ruled.’

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Legal Futures, 17th September 2019

Source: www.legalfutures.co.uk

Stephen Cretney: a tribute – Family Law

Posted September 17th, 2019 in families, family courts, Law Commission, legal education, news by tracey

‘Rebecca Probert pays tribute to Stephen Cretney.’

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Family Law, 16th September 2019

Source: www.familylaw.co.uk

CBA chief criticises senior judiciary over wellbeing failure – Legal Futures

‘The outgoing chair of the Criminal Bar Association (CBA) has criticised senior judges for failing to follow their Family Division colleagues in adopting email and sitting hours protocols to aid wellbeing.’

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Legal Futures, 29th August 2019

Source: www.legalfutures.co.uk

Naomi McLoughlin discusses the case of Re F (A Child) (Fact-Finding Appeal) (2019) – Park Square Barristers

Posted August 29th, 2019 in care orders, child abuse, doctors, expert witnesses, family courts, news by sally

‘The Court of Appeal declines to give guidance on whether a treating clinician who was also an expert would, in some cases, be able to give expert evidence without meeting the requirements of Part 25. It did recommend input by the President’s working group on the issue.’

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Park Square Barristers, 27th August 2019

Source: www.parksquarebarristers.co.uk

Family court has jurisdiction to review its findings of fact, says Court of Appeal – Local Government Lawyer

Posted August 14th, 2019 in appeals, children, family courts, jurisdiction, news by michael

‘The family court has the statutory power to review its own decisions and challenges to findings of fact on the basis of further evidence do not have to be by way of appeal only, the Court of Appeal has held.’

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Local Government Lawyer, 14th August 2019

Source: www.localgovernmentlawyer.co.uk

Wise counsel: Lady Black – Counsel

Posted August 9th, 2019 in barristers, family courts, judges, news, Supreme Court by tracey

‘Running from the Bar (and back again), the dynamics between bench and counsel, and why family law is no poor relation. Sagacious yet self-effacing, the second-ever female Supreme Court judge agrees to a rare interview.’

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Counsel, August 2019

Source: www.counselmagazine.co.uk

The “long arm” of the police – how “confidential” are family proceedings? – UK Human Rights Blog

‘“Not very” seems to be the answer in the Court of Appeal decision in M (Children) [ 2019] EWCA Civ 1364 . Sir Andrew McFarlane upheld Keehan J’s decision to disclose the parents’ initial statement and position statement to the police following the initial interim care hearing. In family proceedings parents are advised that their evidence is confidential to those proceedings. They are encouraged to be open and frank and to understand that their children’s interests are the Court’s main concern. But something seems to be eroding these principles, a trend set since the case of Re H (Children) [2009] EWCA. The Court of appeal approved the test from Re C ( see below) and gave it the “fit for purpose” badge. The decision should be seen in the context of this being a police terrorism enquiry.’

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UK Human Rights Blog, 7th August 2019

Source: ukhumanrightsblog.com

UK’s top judge calls for donations to legal support charity – The Guardian

Posted July 29th, 2019 in budgets, charities, family courts, judges, legal aid, legal representation, news by sally

‘The UK’s most senior judge has appealed for people to give money to a charity whose volunteers support those who become embroiled in civil court cases but cannot afford a lawyer.’

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The Guardian, 28th July 2019

Source: www.theguardian.com

Rise in knives and blades found at London family courts – BBC News

Posted July 22nd, 2019 in family courts, London, news, offensive weapons, statistics by sally

‘Thousands of knives and sharp objects are being confiscated annually at London family courts, with campaigners saying it showed how “desensitised” some people were to carrying weapons.’

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BBC News, 20th July 2019

Source: www.bbc.co.uk

Family courts ‘running up a down escalator’ due to increase in cases – The Guardian

Posted July 3rd, 2019 in budgets, family courts, legal aid, litigants in person, news by sally

‘Family courts are having to “run up a down escalator” to keep pace with unprecedented increases in childcare cases, the most senior family judge in England and Wales has said.’

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The Guardian, 3rd July 2019

Source: www.theguardian.com

Peers back greater role for Lord Chief in online court rules – Legal Futures

Posted June 25th, 2019 in bills, civil justice, electronic filing, family courts, news, tribunals, veto by sally

‘Former Lord Chief Justice (LCJ) Lord Judge yesterday defeated government efforts to limit the extent to which future holders of the post will have a veto over the work of the online procedure rule committee (OPRC).’

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Legal Futures, 25th June 2019

Source: www.legalfutures.co.uk

Flexible court hours pilots to start in September – Litigation Futures

Posted June 25th, 2019 in civil justice, family courts, flexible working, news, pilot schemes by sally

‘The flexible operating hours (FOH) pilots for civil and family courts are to begin on 2 September, the Ministry of Justice (MoJ) has announced.’

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Litigation Futures, 24th June 2019

Source: www.litigationfutures.com

Man who refused to register son’s birth loses high court case – The Guardian

‘A man who refused to register his son’s birth because he says he does not want him to be controlled by the state has lost a high court case.’

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The Guardian, 23rd June 2019

Source: www.theguardian.com

Financial Remedy & Divorce Update, June 2019 – Family Law Week

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during May 2019.’

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Family Law Week, 20th June 2019

Source: www.familylawweek.co.uk

Legal aid lawyers “risk their mental health” with traumatic cases – Legal Futures

‘Legal aid lawyers in serious cases deal with trauma that is bound to have an impact on them, and they also have to start showing compassion to junior staff who suffer from burnout, a senior family barrister has said.’

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Legal Futures, 13th June 2019

Source: www.legalfutures.co.uk

Couple jailed for harassing judge after birthday card sent to her home – Law Society’s Gazette

Posted May 31st, 2019 in family courts, harassment, judges, news, sentencing by tracey

‘A couple involved in contentious litigation sent a birthday card to the home address of the family judge hearing their case, telling her to “keep up the good work stealing for profit”, it has emerged. The incident was one of five highlighted in a High Court judgment handed down last month.’

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Law Society's Gazette, 30th May 2019

Source: www.lawgazette.co.uk

Family Justice Council issues interim guidance on special guardianship and extensions to 26-week time limit – Local Government Lawyer

‘The Family Justice Council has published interim guidance on special guardianship, with the primary purpose of addressing cases where an extension to the statutory 26-week time limit is sought in order to assess potential special guardians, more fully, within public law proceedings.’

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Local Government Lawyer, 28th May 2019

Source: www.localgovernmentlawyer.co.uk

High Court rejects appeal by couple jailed for harassing judge – Legal Futures

Posted May 29th, 2019 in appeals, family courts, harassment, judgments, news, sentencing by tracey

‘The High Court has rejected an appeal by a couple jailed for harassing the family judge who heard their “long and contentious litigation” over an adoption.’

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Legal Futures, 29th May 2019

Source: www.legalfutures.co.uk

Munby’s concerns prompt fresh guidance on special guardians – Law Society’s Gazette

‘Potential special guardians put forward late in care proceedings should be realistic prospect and not merely the result of a ‘trawl through all possible options’, fresh guidance published by the judiciary has said.’

Courts and Tribunals Judiciary press release

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Law Society's Gazette, 28th May 2019

Source: www.lawgazette.co.uk