‘Matthew Timm analyses a Family Court ruling that a local authority had failed to discharge the burden of proof in asserting that injuries to a child when he was eight months old were inflicted by one or other of his parents.’
Local Government Lawyer, 20th November 2024
Source: www.localgovernmentlawyer.co.uk
‘Sarah Hutchinson summarises recent Family Division rulings on an application by a father for a boy subject to a care order to be circumcised, and an application by an NHS for permission for NG feeding and restraint in respect of a 12-year old girl with anorexia nervosa.’
Local Government Lawyer, 20th November 2024
Source: www.localgovernmentlawyer.co.uk
‘Holly Hilbourne-Gollop looks at a High Court judge’s realistic approach to obtaining evidence from children.’
Local Government Lawyer, 15th November 2024
Source: www.localgovernmentlawyer.co.uk
‘Emojis play a significant part in digital communications, including casual messaging, social media posts, and increasingly, professional communications. When we are reviewing historical messages, understanding what the emojis were intended to mean could become an essential part of identifying what was discussed and/or agreed at that time.’
Financial Remedies Journal, 15th November 2024
Source: financialremediesjournal.com
‘On 9th October 2024 Cafcass published a new policy document that outlines what actions ‘practitioners’ (Family Court Advisers and Guardians) and their managers should undertake when working with children and adults who have experienced domestic abuse. The policy is a direct response to the 2020 Harm Panel report and it sets out a clear intention of further protecting child and adult victims of domestic abuse.’
Becket Chambers, 31st October 2024
Source: becket-chambers.co.uk
‘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?’
Becket Chambers, 1st October 2024
Source: becket-chambers.co.uk
‘Speech by the PFD: Suspected Physical Abuse of Children – Experts in the Family Court.’
Courts and Tribunals Judiciary, 7th November 2024
Source: www.judiciary.uk
‘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.’
Financial Remedies Journal, 8th November 2024
Source: financialremediesjournal.com
‘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.’
Local Government Lawyer, 31st October 2024
Source: www.localgovernmentlawyer.co.uk
‘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.’
Transparency Project, 30th October 2024
Source: transparencyproject.org.uk
‘Dozens of divorce applications were wrongly approved due to a computer error, the high court has heard.’
The Guardian, 31st October 2024
Source: www.theguardian.com
‘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.’
Financial Remedies Journal, 21st October 2024
Source: financialremediesjournal.com
‘No Special Favours: Litigants in Person and the Financial Remedies Court’
Financial Remedies Journal, 23rd October 2024
Source: financialremediesjournal.com
‘AI has the real likelihood of transforming the practice of family law solicitors more than the major conceptual changes from the Children Act, the seismic shift from White or the speed of response needed from lis pendens of EU law – a transformation which will happen fast even in the slow-moving, conservative legal profession.’
Financial Remedies Journal, 14th October 2024
Source: financialremediesjournal.com
‘My subject today is revolution. Don’t worry. I am not advocating a take-over of the country by Tommy Robinson or Piers Corbyn. I am talking about the fundamental transformation of financial remedy work since I undertook my first ever case on 19 July 1983 in the Edmonton County Court, just over 41 years ago.’
Financial Remedies Journal, 16th October 2024
Source: financialremediesjournal.com
‘There can be real loss and prejudice in some divorce cases if the final divorce order, previously the decree absolute, is granted before the final financial settlement and its implementation in circumstances when the paying party then dies. Automatic entitlement to pensions, the primary circumstance, but also insurance policies, beneficial interest in trusts and similar are then not available as the applicant is now divorced, financial remedy claims are no longer available after death and there might have to be a difficult and separate civil claim.’
Financial Remedies Journal, 7th October 2024
Source: financialremediesjournal.com
‘Resolution’s Report on Domestic Abuse in Financial Remedy Proceedings: An Overview of the Key Findings and Recommendations.’
Financial Remedies Journal, 8th October 2024
Source: financialremediesjournal.com
‘Family Court Advisors and Children’s Guardians will no longer use language such as ‘claims’ or ‘alleges’ in reports to court, using instead the words of children and adults who are victims of domestic abuse, in line with a new Domestic Abuse Practice Policy published by Cafcass.’
Local Government Lawyer, 11th October 2024
Source: www.localgovernmentlawyer.co.uk
‘Judges in the family courts are using victim-blaming and gender-biased language towards domestic abuse survivors, AI analysis of judgments and appeals in England and Wales reveals.’
The Guardian, 8th October 2024
Source: www.theguardian.com
‘In 2018, Sir Ernest Ryder warned that the future shift to online dispute resolution for most, and in some areas all disputes, risks eroding judicial accountability and fostering a democratic deficit. The pandemic, the £1.3 billion court modernisation program and six years later, the future of resolving the majority of disputes online appears to be much closer. The implementation of a truly holistic Digital Justice System – an integrated system of online advice services, online public and private out-of-court dispute resolution services (mediation and arbitration portals, ombuds services) and online courts – can make this future a reality. In fact, it is expressly intended that the majority of civil, family, and tribunal disputes will be settled or resolved online through the Digital Justice System, in accordance with rules specifically developed by the Online Procedure Rule Committee (OPRC) to cover the online pre-action and action space. It is also notable that such a system of various online private and public portals will have a common data architecture based on the open digital standards developed by OPRC. It is not yet known when this system will become operational, but as we approach such a reality, the potential loss of accountability and democratic deficit needs to be addressed as an extremely urgent threat.’
UK Constitutional Law Association, 3rd October 2024
Source: ukconstitutionallaw.org
© Inner Temple Library 2024