Care proceedings quicker with more disposals within 26 weeks: MoJ – Local Government Lawyer

‘The average time for public law care or supervision cases to reach first disposal was 41 weeks in April to June 2024, down 3 weeks from the same quarter in 2023, according to the latest data published by the Ministry of Justice (MoJ).’

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Local Government Lawyer, 27th September 2024

Source: www.localgovernmentlawyer.co.uk

Fewer complaints about barristers’ use of social media – Legal Futures

The number of reports to the Bar Standards Board (BSB) about barristers’ use of social media has unexpectedly fallen but an increasing proportion relate to “controversial social and political issues”.

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Legal Futures, 30th September 2024

Source: www.legalfutures.co.uk

Keep out! When justice cannot be seen to be done, how do we know it’s been done? – Transparency Project

‘Magistrates’ courts conducting family justice are now part of the Family Court, established in 2014, and subject to the same rules as those presided over by district, circuit and High Court judges. Under those rules, accredited media reporters and ‘legal bloggers’ (see below) are entitled to attend hearings even if they take place in private, though they can’t report anything without the court’s permission.’

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Transparency Project, 24th September 2024

Source: transparencyproject.org.uk

Are You Guilty of Money-Laundering? A Tale of Chinese Cotton, Lawyer’s Fees and Unintended Consequences – Financial Remedies Journal

‘It is not often that a family law blog warns ordinary hard-working honest family lawyers that they might be unwitting criminals. This is that blog. You should read it.’

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Financial Remedies Journal, 17th September 2024

Source: financialremediesjournal.com

Enhancing Public Understanding of Financial Remedies on Divorce – Financial Remedies Journal

‘Why is it that lawyers think that the principles underpinning financial remedies are clear, and yet the public are often perplexed? The issue is one of communication, or rather translating the law into plain English.’

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Financial Remedies Journal, 20th September 2024

Source: financialremediesjournal.com

Sophia Stapleton explores and explains orders made under Section 91(14): Protection from further applications under the Children Act 1989 – 2DRJ

Posted September 4th, 2024 in chambers articles, children, domestic violence, families, family courts, news by tracey

‘A section 91(14) order is also sometimes known as a ‘barring order’, but this is misleading. Orders made under section 91(14) of the Children Act 1989 stop a named person from making any application under the Children Act 1989 without the court’s permission.’

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2DRJ, 3rd September 2024

Source: www.2drj.com

Absence of Authority? – Financial Remedies Journal

‘In G v S (Family Law Act 1996: Publicity) [2024] EWFC 231 (B) (6 June 2024) HHJ Reardon asked:

“What is the default position in terms of publication in a case where s 12 [of the Administration of Justice Act 1969] does not apply?”’

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Financial Remedies Journal, 1st September 2024

Source: financialremediesjournal.com

Family Law Newsletter – August 2024 – Spire Barristers

Posted September 2nd, 2024 in chambers articles, families, family courts, news by sally

‘Family Law Newsletter – August 2024; Articles, news, legislation updates and case updates from Care Proceedings, Private Law and Financial Remedy matters.’

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Spire Barristers, 19th August 2024

Source: www.spirebarristers.co.uk

‘It’s not like you were beaten’: The horrifying misogyny vulnerable women face from the judge’s bench – The Independent

‘Domestic abuse survivors warn that – inside the secretive family courts – they are being ‘retraumatised’ by the legal system, and say judges are the worst offenders.’

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The Independent, 17th August 2024

Source: www.independent.co.uk

HJB v WPB: Beware the Preliminary Issue – Financial Remedies Journal

‘In BN v MA [2013] EWHC 4250 (Fam) Mostyn J observed:

“[24] … In Granatino v Radmacher the Supreme Court analysed very closely the nature of nuptial agreements. They pointed out that nuptial agreements come in numerous shapes and forms and can be entered into at any point before, during or after a marriage …
[26] The Supreme Court has modified the test for the treatment of these nuptial agreements, as expressed in Edgar and Xydhias and, indeed, in MacLeod, so as to provide one single test applicable to all nuptial agreements, which is this, “The court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement”. That now is the test to be applied in every case where a nuptial agreement falls for consideration.” ‘

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Financial Remedies Journal, 16th August 2024

Source: financialremediesjournal.com

NCDR Redux: The Impact of October’s CPR Amendments – Financial Remedies Journal

Posted August 19th, 2024 in civil procedure rules, costs, dispute resolution, families, family courts, news by tracey

‘One of the changes to the FPR 2010 made when the material parts of the Family Procedure (Amendment No 2) Rules 2023 came into force on 29 April 2024 was an amendment to r 28.3(7) which by the insertion of a new (aa)(ii) makes “any failure by a party, without good reason, to attend non-court dispute resolution” a basis to depart from the general starting point that there should be no order as to costs. This is repeated in para 10E of PD 3A which states “the court may take the parties conduct in relation to attending non-court dispute resolution into account when considering whether to make an order for costs in relation to the proceedings”.’

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Financial Remedies Journal, 16th August 2024

Source: financialremediesjournal.com

‘It’s not like you were beaten’: The horrifying misogyny vulnerable women face from the judge’s bench – The Independent

‘Domestic abuse survivors warn that – inside the secretive family courts – they are being “retraumatised” by the legal system, and say judges are the worst offenders.’

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The Independent, 16th August 2024

Source: www.independent.co.uk

Why we don’t know what’s going on in family courts – Transparency Project

Posted August 14th, 2024 in anonymity, families, family courts, news, reporting restrictions, statistics by sally

‘We hear a lot about ‘secret’ family courts because of reporting restrictions and family privacy, but there is more to genuine transparency than holding processes out in the open. To understand how a system is operating we need information based on reliable data across that system.’

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Transparency Project, 14th August 2024

Source: transparencyproject.org.uk

Financial Remedies – Short Marriage – 33 Bedford Row

‘Financial Remedies – Short Marriage.’

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33 Bedford Row, 7th August 2024

Source: www.33bedfordrow.co.uk

Domestic abuse and the Financial Remedies Court – Transparency Project

‘This post discusses the current approach to domestic abuse in financial remedy proceedings. For those short on time and unable to read the post in full, the key conclusions you need to be aware of are; the recent decision of Mr. Justice Peel in N v J [2024] EWFC 184 is important and says if you want the court to consider domestic abuse as part of your case you will need to follow the procedure in Tsvetkov v Khayrova [2023] EWFC 130; it also says that domestic abuse will only potentially be taken into account by the court if it is exceptional and has had a negative financial impact on the alleged victim.’

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Transparency Project, 8th August 2024

Source: transparencyproject.org.uk

Family Drug and Alcohol Courts generate “significant savings” for local authorities in comparison to standard care proceedings: report – Local Government Lawyer

‘The Family Drug and Alcohol Court (FDAC) could save local authorities almost £10,000 per case in legal costs compared to standard care proceedings, according to a financial analysis carried out by the Centre for Justice Innovation.’

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Local Government Lawyer, 5th August 2024

Source: www.localgovernmentlawyer.co.uk

A View from The President’s Chambers: July 2024 – Courts & Tribunals Judiciary

Posted August 1st, 2024 in children, families, family courts, judges, news by tracey

‘A View from The President’s Chambers: July 2024.’

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Courts & Tribunals Judiciary, 31st July 2024

Source: www.judiciary.uk

Judge lifts anonymity in family court judgment involving Premier League footballer – Law Society’s Gazette

‘A judge has taken the unusual step of publishing an unanonymised and unredacted family court judgment involving Premier League footballer and England vice-captain Kyle Walker – after concluding that to anonymise or redact the judgment would have opened the court to ridicule.’

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Law Society's Gazette, 31st July 2024

Source: www.lawgazette.co.uk

Family court judge rules on if twins exist – BBC News

‘A High Court judge has ruled that there is “some evidence” that at least one child was born in an exceptional family dispute between a separated couple. The ex-husband told the court that he believed his wife had been pregnant when they split up and that she had given birth to twin boys, who would now be three years old.’

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BBC News, 1st August 2024

Source: www.bbc.co.uk

A Paradigm Case for Non-court Dispute Resolution – Becket Chambers

‘The court’s duty to further the overriding objective by actively case managing has been given added impetus by the revisions to FPR Part 3 and Part 28 which came into effect on the 29 April 2024.’

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Becket Chambers, 23rd July 2024

Source: becket-chambers.co.uk