UK court hears bid to access fertility clinic’s records on dead person – The Guardian

Posted February 21st, 2020 in bereavement, data protection, families, family courts, news, pregnancy by sally

‘A legal action over access to a fertility clinic’s private records concerning the storage of a dead person’s “sperm and/or embryos” is being heard by the family court partly in secret.’

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The Guardian, 19th February 2020

Source: www.theguardian.com

Issues of consent in fact-find hearing – Becket Chambers

‘In December 2019 Ms. Justice Russell DBE heard an appeal from a fact-finding hearing that took place in private law Children Act proceedings at the Central Family Court in London in the summer of 2019. Her judgement was given in January 2020 and is reported as JH v. MF [2020] EWHC 86 (Fam).’

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Becket Chambers, 17th February 2020

Source: becket-chambers.co.uk

Lawyers and women’s rights charities call for family court judge’s cases to be reviewed – Local Government Lawyer

‘Over 130 family lawyers and women’s rights groups have called for Judge Tolson’s continuing cases to be reviewed, following Justice Russell’s condemnation of the family court judge’s treatment of an allegation of sexual assault in a child protection fact-finding trial last month.’

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Local Government Lawyer, 20th February 2020

Source: www.localgovernmentlawyer.co.uk

Family courts not safe for domestic violence victims, lawyers say – The Guardian

Posted February 20th, 2020 in domestic violence, family courts, judiciary, news, rape, victims by sally

‘The family courts are not a safe place for victims of domestic violence because some judges there hold “outdated views” on sexual violence and issues of consent, according to a letter signed by 130 lawyers and professionals.’

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The Guardian, 19th February 2020

Source: www.theguardian.com

Domestic Abuse – Are Outdated Misconceptions Still Prevalent in the Legal System? – Becket Chambers

‘This article explores the issue of domestic abuse in the appeal of Re H v F [2020].’

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Becket Chambers, 17th February 2020

Source: becket-chambers.co.uk

Sexual assault in the family courts – a practical approach – Parklane Plowden

‘Looking at the issue of consent and considering how these cases should be approached following the decision in H v F [2020] EWHC 86 (fam).’

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Parklane Plowden, 18th February 2020

Source: www.parklaneplowden.co.uk

‘Outdated family-court rape views need addressing’ – BBC News

Posted February 19th, 2020 in appeals, consent, domestic violence, families, family courts, judges, news, rape, sexual offences by sally

‘A judge who dismissed a woman’s claim she had been raped, as she had done “nothing physically” to stop the alleged perpetrator, is among a number of family court judges to hold “outdated views”, a joint letter says.’

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BBC News, 19th February 2020

Source: www.bbc.co.uk

Lawyers highlight poor practice in private law cases and the impact on families – Transparency Project

‘A new research report paints a very alarming picture of the way in which some family courts are dealing with cases where there is domestic abuse, ignoring the procedures put in place by court rules. Academics at the University of Sussex conducted a survey of 88 lawyers who act in private law proceedings in Sussex.’

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Transparency Project, 14th February 2020

Source: www.transparencyproject.org.uk

Mostyn J. and ‘amicable’ divorces – St Ives Chambers

‘amicable (spelt with a little ‘a’) charged the parties £300 for helping with preparation of their divorce petition and application for decree nisi, and a further £300 for drafting a simple precedent-compliant cleanbreak order (which the parties had negotiated) together with accompanying Form A, D81, joint disclosure statement. Their letter forwarding the same to the court attracted the attention of the court and this application.’

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St Ives Chambers, February 2020

Source: www.stiveschambers.co.uk

Speech by The Hon Mr Justice MacDonald: Family Law – Past and Future – Courts and Tribunals Judiciary

Posted February 13th, 2020 in children, family courts, news, speeches by tracey

‘Speech by The Hon Mr Justice MacDonald: Family Law – Past and Future.’

Full speech

Courts and Tribunals Judiciary, 10th February 2020

Source: www.judiciary.uk

The President’s Call For Evidence – First Thoughts – Transparency Project

‘It was last May, not long after he had dealt with journalist and TP member Louise Tickle’s successful appeal against a wrongly imposed reporting restriction order, that the President of the Family Division announced he would be holding a ‘Transparency Review’.’

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Transparency Project, 11th February 2020

Source: www.transparencyproject.org.uk

‘The crisis in private law’ – by Sir James Munby – Transparency Project

Posted February 11th, 2020 in children, families, family courts, news, practice directions by sally

‘This is a talk by Sir James Munby (lately President of the Family Division of the High Court of Justice of England and Wales) at the Conference in Edinburgh on 10 February 2020 of Shared Parenting Scotland.’

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Transparency Project, 10th February 2020

Source: www.transparencyproject.org.uk

Family lawyers “disproportionately female and white” – Legal Futures

Posted February 11th, 2020 in diversity, family courts, legal profession, minorities, news, statistics by sally

‘Three-quarters of family lawyers are women, while those from black, Asian and minority ethnic (BAME) backgrounds are under-represented, ground-breaking research among members of Resolution has indicated.’

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Legal Futures, 11th February 2020

Source: www.legalfutures.co.uk

Reporting restrictions turning family courts into black hole, say ex-judge – The Guardian

Posted February 11th, 2020 in family courts, judges, news, reporting restrictions by sally

‘Restrictions on reporting cases in the family courts concerning child custody or distribution of assets are “hopelessly obsolescent” and should be repealed, a former judge has said.’

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The Guardian, 11th February 2020

Source: www.theguardian.com

Lessons to be learned after judge criticised for ‘obsolescent’ views – Family Law

‘A family case has recently been the subject of an unusual level of attention from the media, both legal and mainstream, much of it reflecting badly upon the family justice system. I thought I should look at the case, in particular, the lessons that can, or cannot, be learned from it.’

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Family Law, 7th February 2020

Source: www.familylaw.co.uk

‘Training is not enough’: Family lawyers target Tolson over ‘outdated’ views on consent – Law Society’s Gazette

‘Lawyers, campaigners and politicians are calling for wider action to be taken after a judge was condemned for employing “obsolescent concepts” on consent in a family case.’

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Law Society's Gazette, 6th February 2020

Source: www.lawgazette.co.uk

Vulnerable witness, domestic abuse and special measures- the importance of ensuring a fair trial – Becket Chambers

‘This article explores the approach a court should take in relation to vulnerable witnesses, in particular those that have experienced domestic abuse. The recent case of H v F [2020] EWHC 86 (Fam) demonstrates that a case will be successful on appeal if the correct procedures are not complied with.’

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Becket Chambers, 3rd February 2020

Source: becket-chambers.co.uk

The Separate Representation of Children: Part 1 – Family Law Week

‘Shiva Ancliffe reviews the law relating to the determination of whether a child should be separately represented in proceedings.’

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Family Law Week, 2nd February 2020

Source: www.familylawweek.co.uk

The Separate Representation of Children: Part 2 – Family Law Week

‘Shiva Ancliffe reviews the law relating to the determination of whether a child should be separately represented in proceedings.’

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Family Law Week, 3rd February 2020

Source: www.familylawweek.co.uk

President in call for evidence as part of Transparency Review in Family Court – Local Government Lawyer

Posted February 4th, 2020 in anonymity, confidentiality, family courts, news, practice directions by sally

‘The President of the Family Division, Sir Andrew McFarlane, has issued a call for evidence as part of the Family Court’s ‘Transparency Review’.’

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Local Government Lawyer, 4th February 2020

Source: www.localgovernmentlawyer.co.uk