Mediation: when without prejudice immunity bites?

Without prejudice rule immunity: and is there a different rule for family cases?

Full post: dbfamilylaw

Advice privilege: a point of retainer

At what point in the life of legal advice can it be said that what a person has said to a lawyer – solicitor or barrister – is covered by legal advice privilege; and, perhaps by the same definition, at what point is the lawyer’s insurer on risk?

Full post: dbfamilylaw

Family law, legal aid - and a brave new world for mediation

The three headlines below appeared one above the other in the e-version of Law Society’s Gazette on Christmas Eve.

Full post: dbfamilylaw

child abduction and child abuse

The case of Neustadt v Neustadt (child abduction) 2014 is an interesting and desperately sad one.

Full post: suesspiciousminds

section 20 drift

Re P (A child : Use of section 20) 2014.

Full post: suesspiciousminds

McCartney's way out

Supplemental petitions are back.

Full post: dbfamilylaw

Baroness Hale proposes ‘no fault’ divorce

On 12 December 2014, Baroness Hale, the UK’s most senior female judge and Deputy President of the Supreme Court, proposed a new system of ‘no fault’ divorce in the UK.

Full post: UKSC blog

Another day, another appeal against Placement Orders refused

Re P (A child) 2014.

Full post: suesspiciousminds

Clear now?

The Telegraph this morning runs a “Top Family Judge” story :”Social workers must not ‘shy away’ from adoption – top family judge.

Full post: Pink Tape

Child Sexual Exploitation (Birmingham injunction case)

Birmingham City Council v Riaz and Others 2014.

Full post: suesspiciousminds

Stellar contributions in divorce settlements – time for a rethink?

Marilyn Stowe considers the Hohn case and asks whether the 'stellar contribution' principle is outmoded.

Full post:  Marilyn Stowe Blog

Options for funding family proceedings

Buttressing the right to a fair trial.

Full post: dbfamilylaw

Family Law Reform: The role of arbitration

Adversarial family court process is bad: why?

Full post: dbfamilylaw

R v R: Kafkaesque

A summary of R v R (Family Court: Procedural Fairness).

Full post: Family Lore

Section 98 of the Children Act 1989: Bad or just misunderstood?

Section 98 of the Children Act 1989 is one of several provisions that languish towards the tail end of the Act, often forgotten or misremembered in its precise effect by busy practitioners.

Full post: Pink Tape

A&B v Rotherham: where water is thicker than blood?

Newspaper headlines this weekend made me curious to read a newly published adoption case entitled A&B v Rotherham Metropolitan Borough Council.

Full post: Marilyn Stowe Blog

I would put this as a must-read (adoption case, dynamite)

Re A and B and Rotherham Metropolitan Borough Council 2014.

Full post: suesspiciousminds

Tarama-TOLATA

Seagrove v Sullivan (Practice Directions re bundles and citations of authorities) 2014.

Full post: suesspiciousminds

Serious case review – can a failure to call one be judicially reviewed?

In this case, Deeqa Mohammed v Local Safeguarding Children’s Board of Islington 2014, the mother of a child, Nawaal Mohammed sought to judicially review the decision of Islington’s Local Safeguarding Children’s Board NOT to hold a Serious Case Review, following Nawaal’s tragic death.

Full post: suesspiciousminds

The big experiment

The Litigants in person in private family law cases research study (Trinder, Hunter et al) was published by the MoJ on 27 November 2014.

Full post: Pink Tape