‘One lawyer is enough’: family judge issues court guidance – Law Society’s Gazette

Posted October 14th, 2019 in family courts, legal representation, news, practice directions by tracey

‘Solicitors with cases being heard at Central Family Court have been told they do not always have to turn up with their barristers. The suggestion is one of 24 contained in wellbeing guidance issued this month by His Honour Judge Robin Tolson QC.’

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Law Society's Gazette, 11th October 2019

Source: www.lawgazette.co.uk

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

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

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Family Law Week, 10th October 2019

Source: www.familylawweek.co.uk

Cafcass backs renewed focus on pre-proceedings work in public law children cases – but rejects direct role – Local Government Lawyer

‘Cafcass has said it supports a renewed focus on pre-proceedings work and managing risk in public law children cases, with more emphasis on gaining and recording the wishes and feelings of children at that stage.’

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Local Government Lawyer, 9th October 2019

Source: www.localgovernmentlawyer.co.uk

Capitalised maintenance: a court-free solution? – Family Law

‘The court’s unpredictable approach means alternative resolution could be the logical choice, argue Kim Beatson and Victoria Brown.’

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Family Law, 2nd October 2019

Source: www.familylaw.co.uk

Court has no power to require Cafcass to undertake work with non-subject child, judge rules – Local Government Lawyer

‘A court has no power to require Cafcass to appoint one of its officers, whether a children’s guardian or otherwise, to undertake any work with or play any role with a non-subject child, a High Court judge has concluded.’

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Local Government Lawyer, 1st Octoer 2019

Source: www.localgovernmentlawyer.co.uk

Family courts hearing FGM cases do not have jurisdiction to injunct Home Secretary on asylum matters, rules senior judge – Local Government Lawyer

‘There is no jurisdiction for a family court to make a FGM (female genital mutilation) protection order against the Home Secretary to control the exercise of her jurisdiction with respect to matters of immigration and asylum, the President of the Family Division has concluded.’

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Local Government Lawyer, 30th September 2019

Source: www.localgovernmentlawyer.co.uk

Majority of care cases continue to miss 26-week deadline – Law Society’s Gazette

‘The average time it takes to conclude care proceedings remains significantly high, according to latest quarterly statistics published today. Figures released by the Ministry of Justice, covering April to June, show that the average time for a care and supervision case to reach first disposal remained the same as it did for January to March – 33 weeks. This is the longest average time since the last quarter of 2013.’

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Law Society's Gazette, 26th September 2019

Source: www.lawgazette.co.uk

Family judges must justify delaying final decisions – Court of Appeal – Law Society’s Gazette

Posted September 24th, 2019 in adjournment, delay, family courts, news by tracey

‘Judges have been warned by the Court of Appeal not to adjourn final decisions in family cases simply to “press the pause button”.’

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Law Society's Gazette, 23rd September 2019

Source: www.lawgazette.co.uk

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