‘In October 2019, Mrs Justice Lieven DBE considered an application by a husband that the wife’s divorce proceedings, and the decree absolute, should be set aside for breaches in relation to service of the proceedings.’
Becket Chambers, 6th December 2019
Source: becket-chambers.co.uk
‘Within the U.K. there are two judicial systems: the law of England and Wales and the law of Scotland; which differ slightly. The Human Rights Act 1998 came into force on the 2nd October 2000 to incorporate the European Convention on Human Rights and Fundamental Freedoms 1950 (‘the Convention’) into the law of England & Wales. At the same time that the Human Rights Act 1998 was passing through parliament the Scotland Act 1998 was also making its’ way through parliament. Under the Scotland Act 1998, in May 1999, the U.K. devolved legislative and executive power to Scotland. The primary function of the Scotland Act 1998 was to set up a system of devolved government for Scotland, but it also included important provisions relating to the protection of the rights guaranteed by the Convention (‘Convention rights’).’
5SAH, 10th December 2019
Source: www.5sah.co.uk
‘Parties named in a court order must follow the order. A party found to be in breach of an order may be fined, imprisoned, ordered to undertake unpaid work or have their assets seized. The penalty is at the discretion of the court.’
Becket Chambers, 10th December 2019
Source: becket-chambers.co.uk
‘McKenzie Friends are giving “biased and misleading” advice to vulnerable family litigants, an academic study of online posts has found.’
Legal Futures, 11th December 2019
Source: www.legalfutures.co.uk
‘A working group seeking solutions to the dearth of medical experts willing to work in the family courts has made 22 recommendations for change including a simpler process for payment and allowing courts work to be part of employment contracts.’
Local Government Lawyer, 5th December 2019
Source: www.localgovernmentlawyer.co.uk
‘Speech by Sir Andrew McFarlane, President of the Family Division: Domestic Abuse and the Family Court.’
Courts and Tribunals Judiciary, 19th November 2019
Source: www.judiciary.uk
‘This week has seen reports in the legal press of a speech in which the President of the Family Division set out an idea for a research project about news reports containing accounts of how family courts have handled domestic abuse claims. See for example : Press attacks on family courts should be assessed – McFarlane by Monidipa Fouzder in The Gazette.’
Transparency Project, 23rd November 2019
Source: www.transparencyproject.org.uk
‘Natalie Cross summarises important guidance on the approach to be taken to vulnerable witnesses and parties in the Family Courts.’
Local Government Lawyer, 22nd November 2019
Source: www.localgovernmentlawyer.co.uk
‘Despite there being a variety of reasons why someone may choose to represent themselves in the family courts – this decision isn’t an anomaly. Now only 20% of family court cases have both parties represented. It’s a trend we’ve seen grow in recent years.’
Family Law, 19th November 2019
Source: www.familylaw.co.uk
‘Princess Haya bint al-Hussein of Jordan attended court in July 2019 and made three applications before the High Court of England and Wales. A Forced Marriage Protection Order, Wardship orders in respect of their two children and a non-molestation order to protect her against domestic violence.’
5SAH, 12th November 2019
Source: www.5sah.co.uk
‘Any family practitioner will know that the concept of ‘wellbeing’ is at the heart of care and family court proceedings. Sir Andrew Macfarlane recently remarked “the general focus on wellbeing has developed coincidentally with a massive increase in pressure within the Family Justice system and, if anything, the need for every practitioner to be aware of issues of wellbeing is, in my view, at its most acute for those working in the field of Family Law”.’
KCH Garden Sq, 8th November 2019
Source: kchgardensquare.co.uk
‘Reservations have been expressed about plans to change the rules for determining costs at the end of family proceedings.’
Law Society's Gazette, 5th November 2019
Source: www.lawgazette.co.uk
‘As part of the decision made by the President of the Family Division in the appeal by TP member, Louise Tickle in February, Sir Andrew McFarlane stated that guidance to courts would need to be issued to address the uncertainty that existed if a journalist or legal blogger entitled to attend court asked for leave to publish information from the hearing. Draft guidance was published in March, and following a consultation period the final version has now been issued. The Transparency Project responded to the consultation. The new guidance was published on the Judiciary website on 29th October, although it is dated 3rd October.’
Transparency Project, 1st November 2019
Source: www.transparencyproject.org.uk
‘A Family Division judge has handed down his judgment in what is said to have been one of the largest public law children’s cases ever litigated.’
Local Government Lawyer, 31st October 2019
Source: www.localgovernmentlawyer.co.uk
‘A district judge who was found “shaking with rage” during a case on a child’s care plan has had her ruling overturned on grounds of serious procedural irregularity.’
Local Government Lawyer, 31st October 2019
Source: www.localgovernmentlawyer.co.uk
‘The Family Court has overturned a district judge’s care ruling after finding she “crossed the line” during the hearing, creating a hostile atmosphere and alienating everyone appearing before her.’
Law Society's Gazette, 25th October 2019
Source: www.lawgazette.co.uk
‘A recent decision in the High Court upholding a financial award made in arbitration confirms the courts’ support for arbitration in financial proceedings. It also acts as a warning to anyone seeking to appeal a family arbitral award. Tim Carpenter and Lydia Fowler review the decision.’
Family Law, 23rd October 2019
Source: www.familylaw.co.uk
‘Care proceedings where one parent has killed the other are particularly tragic for the children involved. This article considers some of the issues that arise in these cases and explores some of the case law when dealing with the death of one parent killed by the other.’
Family Law Week, 21st October 2019
Source: www.familylawweek.co.uk
‘Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.’
Family Law Week, 13th October 2019
Source: www.familylawweek.co.uk
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