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.”

Full story

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).”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

Ministry of Justice, 16th May 2013

Source: www.justice.gov.uk

Ministers seek to cut £50m legal aid bill for expert witnesses in family courts – The Guardian

Posted May 16th, 2013 in consultations, evidence, expert witnesses, family courts, fees, legal aid, news by sally

“Too many expert witnesses are being paid to give evidence of little value in family courts, according to the Ministry of Justice which is proposing a fresh round of cuts to legal aid.”

Full story

The Guardian, 16th May 2013

Source: www.guardian.co.uk

Family law: a “time-consuming and morally shadowy activity”? – Halsbury’s Law Exchange

Posted May 14th, 2013 in family courts, legal profession, news by sally

“Recently an article in the Guardian described family law as a ‘time-consuming and morally shadowy activity’ and suggested that family lawyers ‘sleep in a bed that has been paid for by the unhappiness of others’. This was an article on ‘gold diggers’, a group hardly representative of the general population. But if ever a profession needed good PR, it’s family lawyers. The legal profession as a whole gets a pretty bad press, making it a fairly easy task for the government to promote other methods of obtaining legal advice and dispute resolution, as if entering the office of a lawyer who works with individual clients is something to be avoided, an easy way to empty your wallet with no obvious benefits.”

Full story

Halsbury’s Law Exchange, 14th May 2013

Source: www.halsburyslawexchange.co.uk

Finance and Divorce May 2013 update – Family Law Week

“Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the April financial remedies and divorce news and cases.”

Full story

Family Law Week, 12th May 2013

Source: www.familylawweek.co.uk

Family court ‘delays’ on care decisions cut – BBC News

Posted May 7th, 2013 in delay, family courts, news, reports, time limits by sally

“The time it takes for the family courts to make decisions about whether children should be taken in to care or adopted has been cut.”

Full story

BBC News, 4th May 2013

Source: www.bbc.co.uk

Annual Report of the Office of the Head of International Family Justice for England and Wales: 2012 – Judiciary of England and Wales

Posted May 3rd, 2013 in children, families, family courts, international law, reports, treaties by tracey

“Annual Report of the Office of the Head of International Family Justice for England and Wales: 2012.”

Full report

Judiciary of England and Wales, 1st May 2013

Source: www.judiciary.gov.uk

Court of Protection openness call by justice secretary – BBC News

Posted May 2nd, 2013 in Court of Protection, family courts, news, private hearings by sally

“The justice secretary has asked a senior judge to consider whether the court dealing with the affairs of mentally incapable people in England and Wales can become more open.”

Full story

BBC News, 2nd May 2013

Source: www.bbc.co.uk