Expert Evidence – Another Chapter in a Continuing Story – Family Law Week

Posted September 2nd, 2013 in expert witnesses, family courts, legal history, news by sally

“David Bedingfield, barrister at 4 Paper Buildings, sets the latest reforms relating to expert evidence in their historical context and considers the dilemmas which expert evidence has long presented to the courts.”

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Family Law Week, 29th August 2013

Source: www.familylawweek.co.uk

More couples opt for DIY divorce as legal fees rise – LegalVoice

Posted August 21st, 2013 in arbitration, budgets, divorce, expenses, family courts, fees, news by sally

“With the legal fees for a ‘simple’ divorce in London now at £2,500, DIY divorce websites are reporting a sharp rise in the number of couples using their services.”

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LegalVoice, 19th August 2013

Source: www.legalvoice.org.uk

Mediation: reasonable growth – Law Society’s Gazette

Posted August 12th, 2013 in arbitration, budgets, family courts, legal aid, news, reports by sally

“The government is introducing measures which it says will take pressure off the courts and tribunals, and in the case of family law disputes fill the gap left by cuts to legal aid. But many practitioners say the policies have not been properly thought through – and may actually hinder the use of mediation.”

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Law Society’s Gazette, 12th August 2013

Source: www.lawgazette.co.uk

Finance and Divorce Update – Family Law Week

Posted August 8th, 2013 in divorce, family courts, financial provision, news by sally

“Jessica Craigs, senior solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in July.”

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Family Law Week, 7th August 2013

Source: www.familylawweek.co.uk

Wasted costs against local authority in private law proceedings by James Hargan – Sovereign Chambers

“In HB, PB, and OB –v- London Borough of Croydon [2013] EWHC 1956 (Fam) Cobb J had to consider whether or not to make an order that a Local Authority which had been directed to file a section 37 report, and whose failure to do so properly had led to wasted costs, should pay those wasted costs of aborted days of hearing. The power to make such a costs order was in the discretion of the court (Senior Courts Act 1981 s51(1)) and, by reference to FPR 2010 28.1, the court could make such order as it thought just. The Local Authority was sufficiently closed connected with the litigation, and its failings were so serious, as to justify making what the court was urged to regard as an exceptional order.”

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Sovereign Chambers, 19th July 2013

Source: www.sovereignchambers.co.uk

Sperm donor ordered to pay maintenance for child after judge rules he is the father – The Independent

“A professional man registered as a sperm donor on a website and advertised his willingness to participate in a ‘breeding party, ie a male-dominated orgy designed to get a woman pregnant’, a High Court judge said today.”

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The Independent, 26th Juyl 2013

Source: www.independent.co.uk

Effecting change in local family justice systems? Findings from the Cafcass Pre-Proceedings Pilot – Family Law Week

Posted July 11th, 2013 in case management, delay, family courts, news, pilot schemes, reports by sally

“Dr Karen Broadhurst of Manchester University explains the findings of a recently completed pilot involving family court advisers in public law pre-proceedings practice.”

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Family Law Week, 10th July 2013

Source: www.familylawweek.co.uk

Rule 25.1 and the President’s Guidance in H-L – A ‘necessary’ evil? – Family Law Week

“Christopher Rank, barrister, of Cornwall Street Chambers considers expert evidence, rule 25.1 of the FPR and The President’s recent guidance in Re H-L (A Child).”

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Family Law Week, 23rd June 2013

Source: www.familylawweek.co.uk

A heavy cost? (Pt 2) – New Law Journal

“David Burrows continues his review of how LASPO has influenced the funding landscape of family litigation.”

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New Law Journal, 20th June 2013

Source: www.newlawjournal.co.uk

Prest v Prest and others – WLR Daily

Prest v Prest and others [2013] UKSC 34; [2013] WLR (D) 237

“If a person was under an existing legal obligation or liability, or subject to an existing legal restriction, which he deliberately evaded or the enforcement he deliberately frustrated by interposing a company under his control, the court could ‘pierce the corporate veil’ but only for the purpose of depriving the company or its controller of the advantage which they would otherwise have obtained by the company’s separate legal personality.”

WLR Daily, 12th June 2013

Source: www.iclr.co.uk

Family courts face collapse – LegalVoice

Posted June 13th, 2013 in domestic violence, family courts, legal aid, litigants in person, news by sally

“The family courts were under unprecedented pressure in the month following the introduction of the LASPO cuts which removed legal aid from most family cases, reports Jon Robins. Cafcass, which looks after the interests of children involved in family proceedings, reported that in May there were a total of 5,061 new private law cases ‘representing the highest ever month on record’. The Legal Aid, Sentencing and Punishment of Offenders Act 2012 removed legal aid for all family cases except where was evidence of domestic violence as of April.”

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LegalVoice, 13th June 2013

Source: www.legalvoice.org.uk

Family courts risk ‘collapse’ as surge in custody cases follows legal aid cuts – Daily Telegraph

Posted June 11th, 2013 in courts, custody, family courts, legal aid, litigants in person, news by tracey

“The family court system is in danger of ‘collapsing in on itself’ after a surge in the number of warring parents turning up in person to launch child custody cases because of legal aid cuts, leading lawyers are warning.”

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Daily Telegraph, 11th June 2013

Source: www.telegraph.co.uk

Scuppering unscrupulous spouses – New Law Journal

Posted June 10th, 2013 in divorce, equity, family courts, financial provision, news, setting aside by sally

“What are the implications of a court setting aside a disposal made by a divorcing spouse to a third party? Anna Heenan & Ed Heaton report.”

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New Law Journal, 7th June 2013

Source: www.newlawjournal.co.uk

A fair split, or a ‘charter for cheats’? Supreme Court to rule in landmark divorce case – The Independent

“Millionaire businessmen will be able to ‘stick two fingers up’ at judges if the highest court in the land rules against a former wife in a high-profile divorce case this week, her lawyers said yesterday.”

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The Independent, 9th June 2013

Source: www.independent.co.uk

The Revised Public Law Outline …. and this time they mean it – Family Law Week

“Andrew Pack, care lawyer with Brighton & Hove City Council, explains and comments on the changes made by the recently published Revised Public Law Outline.”

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Family Law Week, 4th June 2013

Source: www.familylawweek.co.uk

Vince v Wyatt: the FPR 2010 strikes back? – Family Law Week

Posted May 30th, 2013 in appeals, civil procedure rules, family courts, news, striking out by sally

“Sian Cox, barrister, Harcourt Chambers analyses the court’s power to strike out in family proceedings and considers in the light of the Court of Appeal judgment in Vince v Wyatt, the circumstances in which such applications may succeed.”

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Family Law Week, 29th May 2013

Source: www.familylawweek.co.uk

Psych versus Psych: A Diagnostic Dispute and the Implications for Expert Witnesses in Family Proceedings – Family Law Week

Posted May 29th, 2013 in evidence, expert witnesses, family courts, mental health, news by sally

“William Tautz, barrister of Tooks Chambers, examines the fundamental challenge to psychiatric diagnosis recently announced by the British Psychological Association and explores its implications for the instruction and cross-examination of expert witnesses in a post-streamlined PLO world.”

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Family Law Week, 23rd May 2013

Source: www.familylawweek.co.uk

Maintenance Pending Suit Revisited – Family Law Week

Posted May 28th, 2013 in family courts, financial provision, news by sally

“Alexander Chandler of 1 King’s Bench Walk, Temple, London revisits and updates an article originally published in February 2010 in light of changes brought about by the Family Procedure Rules 2010.”

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Family Law Week, 24th May 2013

Source: www.familylawweek.co.uk

Stopping poor quality and time-wasting expert evidence in family courts – Ministry of Justice

Posted May 16th, 2013 in consultations, delay, expert witnesses, family courts, fees, news, standards by sally

“New national standards to raise the quality of experts used in family courts and get rid of time-consuming evidence which adds little value in helping judges reach a decision were announced by the Government today.”

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Ministry of Justice, 16th May 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Standards for expert witnesses in the family courts in England and Wales – Ministry of Justice

“This is a consultation on minimum standards for expert witnesses providing evidence in the family courts in proceedings relating to children in England and Wales.”

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Ministry of Justice, 16th May 2013

Source: www.justice.gov.uk