Case Law on Covert Recordings – Becket Chambers

‘Covert recordings are any recording made without the express knowledge and permission of the person recorded, whether by audio or video: Family Justice Council.’

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Becket Chambers, 31st October 2024

Source: becket-chambers.co.uk

What can I do when my ex-partner refuses to comply with a financial remedy order? – Becket Chambers

‘Where a party to financial remedy proceedings fails to comply with a final order, there are numerous ways in which the order can be enforced. The rules relating to the enforcement of orders in family proceedings are found in Part 33 of the Family Procedure Rules 2010.’

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Becket Chambers, 7th October 2024

Source: becket-chambers.co.uk

Conduct in financial remedy proceedings: N v J [2024] EWFC 184 – Becket Chambers

‘It can often be a difficult and sensitive topic in financial remedy proceedings: what relevance is domestic abuse when considering a fair distribution of assets after separation?’

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Becket Chambers, 1st October 2024

Source: becket-chambers.co.uk

Orders protecting against risk of FGM should be “focused, targeted and proportionate” to specific risks established, says High Court judge – Local Government Lawyer

Posted November 12th, 2024 in families, female genital mutilation, local government, news, proportionality by tracey

‘The High Court has discharged a Prohibited Steps Order (PSO) made to protect a now teenage girl against the risks of Female Genital Mutilation (FGM), after finding “no evidence” of an ongoing risk of FGM to the girl, and finding that the order continued to have a “profound impact on her competing rights and freedoms”.’

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Local Government Lawyer, 11th November 2024

Source: www.localgovernmentlawyer.co.uk

Law firm not negligent in advice to settle £2m claims – Legal Futures

‘A law firm was not negligent in advice to settle £2m of claims brought by a businessman’s trustee in bankruptcy against his wife and daughter, the High Court has ruled.’

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Legal Futures, 11th November 2024

Source: www.legalfutures.co.uk

Speech by the PFD: Suspected Physical Abuse of Children – Experts in the Family Court – Courts and Tribunals Judiciary

‘Speech by the PFD: Suspected Physical Abuse of Children – Experts in the Family Court.’

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Courts and Tribunals Judiciary, 7th November 2024

Source: www.judiciary.uk

Wells Sharing: Commonplace or a Matter of Last Resort? – Financial Remedies Journal

Posted November 11th, 2024 in divorce, families, family courts, financial provision, news by tracey

‘The importance of the ‘clean break’ has been reemphasised in recent years with greater emphasis being placed on MCA 1973 s 25A (and s 28(1A)), particularly in the judgments of Mostyn J.’

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Financial Remedies Journal, 8th November 2024

Source: financialremediesjournal.com

Children taken away from parents due to misreporting of drug tests, say experts – The Guardian

‘Children are at risk of being wrongly removed from their parents’ care by the family courts because drug tests are being misinterpreted, experts have warned.’

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The Guardian, 9th November 2024

Source: www.theguardian.com

Ex-DJ imprisoned for life for murdering partner’s mother in drunken knife attack – The Guardian

‘A lorry driver and ex-DJ who stabbed his partner’s mother to death in a drunken attack after she tried to help her daughter has been jailed for life with a minimum term of 20 years.’

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The Guardian, 7th November 2024

Source: www.theguardian.com

Wholesale reform to adoption process is needed, says Public Law Working Group – Courts & Tribunal Judiciary

Posted November 7th, 2024 in adoption, families, news, reports by tracey

‘Wholesale reform is needed, the adoption sub-group of the Public Law Working Group has said in its report ‘Recommendations for best practice in respect of adoption’, which is published today (Thursday, 7 November).’

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Courts & Tribunal Judiciary, 7th November 224

Source: www.judiciary.uk

From two letters a year to face-to-face meetings: ‘Seismic’ changes to adoption contact – BBC News

Posted November 7th, 2024 in adoption, families, news, reports by tracey

‘Adopted children are likely to be allowed much closer contact with their birth families in the future as part of “seismic” changes recommended in a report published today. Some families say the changes are long overdue – but others worry they may deter people from adopting.’

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BBC News, 7th November 2024

Source: www.bbc.co.uk

The Autumn 2024 Budget: A Summary of the Key Reforms for Financial Remedy Practitioners – Financial Remedies Journal

‘The Autumn Budget 2024 (“the Budget”) saw history being made as Rachel Reeves, who became our first female Chancellor of the Exchequer, set out arguably the biggest tax changes for a generation, set to raise taxes by £41bn by 2029/30 and said to be part of the Government’s plan to revitalise Britain. In this article, we will summarise the key reforms of the Budget, highlighting those which may be of particular relevance to financial remedy practitioners and their clients.’

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Financial Remedies Journal, 1st November 2024

Source: financialremediesjournal.com

Mothers to take DWP to court over ‘inhumane’ benefit rules on non-consensual conception – The Guardian

‘Two mothers who had children as a result of rape or coercion by former partners have been given permission to take the Department for Work and Pensions (DWP) to court for being denied exception to the two-child limit on universal credit.’

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The Guardian, 4th November 2024

Source: www.theguardian.com

‘He’s been punished enough’: Family’s plea for prisoner who set himself alight under indefinite jail term – The Independent

‘A prisoner who set himself alight in his cell after serving 12 years for stealing a mobile phone under an indefinite jail term is still fighting to be moved to a hospital.’

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The Independent, 1st November 2024

Source: www.independent.co.uk

Air pollution death settlement is not a win – mum – BBC News

‘A mother whose nine-year-old daughter became the first person in the UK to have air pollution recognised as a factor in her death said she was “never going to win” despite settling legal action with the government.’

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BBC News, 31st October 2024

Source: www.bbc.co.uk

Appeal judges reiterate that it is for the court – not local authorities or any other person – to determine in adoption cases whether there should be ongoing contact with birth family – Local Government Lawyer

‘The Court of Appeal has allowed a local authority’s appeal against a judge’s refusal to make placement orders in respect of two young children.’

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Local Government Lawyer, 31st October 2024

Source: www.localgovernmentlawyer.co.uk

Assisted Dying: What Role for the Judge? – Transparency Project

‘The Terminally Ill Adults (End of Life) Bill had its first, purely formal, reading in the House of Commons on 16 October 2024, when it was presented by Kim Leadbeater MP. The important second reading is fixed for 29 November 2024.’

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Transparency Project, 30th October 2024

Source: transparencyproject.org.uk

Divorce applications wrongly approved after computer error, high court hears – The Guardian

Posted October 31st, 2024 in computer programs, divorce, families, family courts, marriage, news, time limits by sally

‘Dozens of divorce applications were wrongly approved due to a computer error, the high court has heard.’

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The Guardian, 31st October 2024

Source: www.theguardian.com

GH v GH – FDRs Are Not to Be Dispensed With – Financial Remedies Journal

Posted October 28th, 2024 in divorce, families, family courts, financial dispute resolution, news by tracey

‘If ever there were any doubts as to the importance of the FDR appointment and the parties’ attendance at one, then Mr Justice Peel has unequivocally put those doubts to rest in his judgment in GH v GH [2024] EWFC 272, published on 3 October 2024. The court’s ongoing focus on assisting parties to resolve financial remedy proceedings in a timely and proportionate manner means that FDRs (including private FDRs) are, perhaps unsurprisingly, still receiving significant praise and judicial support.’

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Financial Remedies Journal, 21st October 2024

Source: financialremediesjournal.com

No Special Favours: Litigants in Person and the Financial Remedies Court – Financial Remedies Journal

‘No Special Favours: Litigants in Person and the Financial Remedies Court’

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Financial Remedies Journal, 23rd October 2024

Source: financialremediesjournal.com