‘The High Court has given guidance on the use of intermediaries in the Family Court, in a case concerning a 2-and-a-half year old girl, which was in week 127 at the hearing last month.’
Local Government Lawyer, 25th January 2024
Source: www.localgovernmentlawyer.co.uk
‘When it is disputed whether a person uses drugs, the family court can – and often does – order hair strand testing to determine the issue. This article draws upon the work of lawyer Sarah Branson and drug tester Paul Hunter, who have explored the limitations of hair strand testing and highlighted the need for caution in relying on hair strand test results (See Recent scientific developments in hair strand testing and racial bias in current practices of hair strand testing. I’m going to call this ‘the Fam Law article’). Even so, hair strand testing continues to be the ’go-to’ when there is a question over drug use. Despite an increasing recognition of the possibility of mistakes and errors in the production and reporting of hair strand test evidence, this evidence is still regularly relied upon by the courts as evidence of substance use. These problems are often underestimated, which can have disastrous consequences.’
Transparency Project, 24th January 2024
Source: transparencyproject.org.uk
‘The Court of Appeal has allowed a Guardian’s appeal against a family judge’s conclusion that she did not have jurisdiction to grant an injunction.’
Local Government Lawyer, 12th January 2024
Source: www.localgovernmentlawyer.co.uk
‘In a familiar line of cases of which the first was BT v CU [2021] EWFC 87, [2022] 1 WLR 1349, paras [100]–[114], and the last In re PP (A Child: Anonymisation) [2023] EWHC 330 (Fam), [2023] 4 WLR 48, paras [49]–[62], and Augousti v Matharu [2023] EWHC 1900 (Fam), paras [68]–[93], Mostyn J has explosively ignited a most necessary debate about the anonymisation of judgments in financial remedy cases. Part of his compelling analysis – which, so far as I am aware, no-one has yet succeeded in challenging successfully – relates to the use, or as he would have it, the inveterate misuse of the rubric attached to judgments in such cases.’
Financial Remedies Journal, 8th January 2024
Source: financialremediesjournal.com
‘A pilot scheme to allow journalists and legal bloggers to report cases from three family courts in England and Wales is to be extended to almost half of the courts in the countries.’
BBC News, 12th January 2024
Source: www.bbc.co.uk
‘There were 1,655 applications relating to deprivation of liberty under the Mental Capacity Act made in the most recent quarter (July to September 2023), an increase of less than 1% on the number made in the same quarter in 2022, government data has revealed.’
Local Government Lawyer, 4th January 2024
Source: www.localgovernmentlawyer.co.uk
‘Legal aid can be difficult to obtain in private family law proceedings. Many parties now therefore choose to represent themselves.’
Devon Chambers, 4th November 2023
Source: devonchambers.co.uk
‘Family Law Newsletter 02; including articles from around the web, Legislation updates and Case Updates from Care Proceedings and Financial Remedy matters.’
Spire Barristers, 28th November 2023
Source: www.spirebarristers.co.uk
‘The Law Society has welcomed the announcement that expenses will be added to the qualified legal representative (QLR) scheme in domestic abuse cases, but says fees are still too low.’
Law Society's Gazette, 11th December 2023
Source: www.lawgazette.co.uk
‘A litigation friend who was said to be suffering from depression has been ordered to pay more than £42,000 in costs after a judge found his performance “wholly inadequate.”’
Law Society's Gazette, 23rd November 2023
Source: www.lawgazette.co.uk
‘The President of the Family Division, Sir Andrew McFarlane, has outlined a “pressing need” for courts and those who advise them to modernise the approach that is taken to supporting young, adopted persons by “enhancing the degree to which they may maintain some form of relationship with their birth family after adoption”.’
Local Government Lawyer, 22nd November 2023
Source: www.localgovernmentlawyer.co.uk
‘How often do practitioners have a client insist that they have made a “greater” or a “special” contribution to the family’s finances? This is a regular occurrence in conference rooms up and down the country. This instruction from a lay client is often followed by a request to “ring fence” certain assets. What advice should be given to these adamant lay clients? Invariably, a lay client must be advised that it is extremely difficult to convince a court and that one party has made a “special contribution”. The court’s reluctance is rooted in the need to end discrimination between the breadwinner and a homemaker. Special contribution arguments are made by the breadwinners, usually in high net-worth cases and these arguments often lead nowhere.’
33 Bedford Row, 17th October 2023
Source: www.33bedfordrow.co.uk
‘The update features the following articles:
– London’s reputation as divorce capital could be tested by legal shake-up: Jaqueline Julyan SC.
– Niamh Wilkie Features in FT Adviser: Navigating Maintenance Order Rules Post-Brexit.
– Mark Smith features in Family Law Journal: Extradition and family proceedings: where does the balance lie?
– Maria Scotland Features in Spear’s: Divorcing In Dubai: Should Wealthy Expats Worry About New UAE Family Laws?’
5SAH, 2nd October 2023
Source: www.5sah.co.uk
‘The Lord Chancellor and senior judiciary have set out a “shared vision” for the future of the civil and family courts and tribunals system, including the establishment of an Online Procedure Rule Committee (OPRC).’
Local Government Lawyer, 20th November 2023
Source: www.localgovernmentlawyer.co.uk
‘When her daughter’s father was sent to prison for child sexual abuse, Bethan was horrified to discover he could still be allowed access to their child after he was released. It was a risk she wasn’t willing to take. Outside a Cardiff courtroom, a smartly dressed young woman sits waiting, anxiously. Bethan has never been inside a family court before, but she is here to try to protect her child – whose father has been convicted of paedophile offences and is currently in jail.’
BBC News, 20th November 2023
Source: www.bbc.co.uk
‘The Children and Family Court Advisory and Support Service (Cafcass) has published its strategic plan for 2023-26, in which it warns that delay for children as a result of longer case durations is now the “single most pressing issue” for the family justice system.’
Local Government Lawyer, 14th November 2023
Source: www.localgovernmentlawyer.co.uk
‘The parents of a critically ill baby who has been at the centre of a life-support fight are preparing to mount an appeal after failing to persuade a High Court judge to let the little girl receive end-of-life care at home.’
The Independent, 10th November 2023
Source: www.independent.co.uk
‘Eve Anstey for Respondent Father – Giving evidence at a fact-finding hearing is, at the best of times, a stressful and emotional experience. Add to that a pregnancy in its third trimester and an important issue on principle is raised about the parameters of the court’s duty to ensure that a trial is conducted fairly whilst ensuring that the mother’s vulnerability is properly protected. In SP v DM, Sir Jonathan Cohen considered that very issue and the Appellant mother’s arguments which significantly attacked the court for purported procedural irregularity in the way that it conducted the fact-finding hearing in respect of mother’s evidence in light of her pregnancy. The appeal was dismissed on all grounds.’
Pallant Chambers, 14th October 2023
Source: www.pallantchambers.co.uk
‘The High Court has found that a father made a covert audio-recording of a substantive court hearing in adoption proceedings, and within a few days, disposed of the recording and associated documents to another “with a view to their publication on YouTube”.’
Local Government Lawyer, October 2023
Source: www.localgovernmentlawyer.co.uk
‘The President of the Family Division, Sir Andrew McFarlane, has published his second annual report on the Family Drug and Alcohol Courts (FDACs), of which he states he has “long been a supporter”.’
Local Government Lawyer, 26th October 2023
Source: www.localgovernmentlawyer.co.uk
© Inner Temple Library 2024