Why family law needs reform now (or not)

MP Suella Fernandes has written a plea for wide ranging reform of family law in The Times.

Full post: The Transparency Project

No-fault divorce: 2017

Time to re-think no fault divorce after Owens.

Full post: dbfamilylaw

Transparency on Radio 4

Radio 4 covered the topic of transparency last week, following publication of research by Cardiff University about the impact of the 2014 guidance on publication of judgments.

Full post: The Transparency Project

Unreasonable behaviour, unreasonable judges or unreasonable law?

This post is about the decision of the Court of Appeal in Owens v Owens, which has received a lot of media coverage since yesterday when the decision was announced.

Full post: The Transparency Project

Important new research published today on the Transparency Guidance for publication of Family Court judgments

The research, led by Dr Julie Doughty of Cardiff University’s School of Law and Politics, examines how the Transparency Guidance on publication of family court judgments  has taken effect since February 2014 and its impact.

Full post: The Transparency Project

A little knowledge is a dangerous thing…

A new McKenzie Friend website has been launched this week. It is in my view an excellent illustration of the truth of the proposition that a little knowledge is a dangerous thing, whether that knowledge is wielded by a law student or a McKenzie friend of some other flavour.

Full post: Pink Tape

Ilott -v- Mitson: Claims by adult children contesting wills – the law is unsatisfactory

The Supreme Court handed down its judgment in the case of Ilott (Respondent) v The Blue Cross and others (Appellants) [2017] UKSC 17 on 15 March, a case having its roots in the death of the late Mrs Jackson (Mrs Ilott’s mother) some 13 years ago.

Full post: Halsbury's Law Exchange

Now wash your hands

East Sussex v AG (Finding of Fact) 2017.

Full post: suesspiciousminds

Offers to settle: HRA damages claims and CPR Part 36 – Part I

In SW & TW (Human Rights Claim: Procedure) (Rev 1) [2017] EWHC 450 (Fam), Cobb J expressed the view obiter – the question was not formally before him – that Human Rights Act 1998 s 8 damages claims alongside care proceedings must be issued under CPR 1998 Pt 8.

Full post: dbfamilylaw

Prisons and courts bill: cross-examination of complainant witnesses

This is a guest post written by David Burrows.

Full post: Pink Tape

Prison & Courts Bill – banning cross examination of victims?

I’d intended to post a speedy, pithy summary of what the new Bill says about the “prohibition on cross examination of victims in family courts”, as it has been described.

Full post: Pink Tape

‘The truly pitiful plight of a mother caught up in drug addiction’: Publishing judgments from ‘ordinary’ family court decisions

Before new guidance from February 2014 (the Transparency Guidance), it was extremely rare for a judgment from a ‘routine’ family court case, outside of the High Court, raising no point of particular legal interest, to be placed in the public domain by being published (anonymously) online.

Full post: The Transparency Project

Reports on A and B (Children); and the wider issue of effective social work regulation the case raises

A and B (Children) [2016] EWFC B115 was decided in March 2016 but published in February 2017, alongside Baker J’s July 2016 decision (A and B (Findings against social worker) (Rev 1) [2016]) not to permit the social worker to appeal the original findings of misconduct against her.

Full post: The Transparency Project

Who holds the risk, how risk is assessed and how brave or risk averse those who make decisions for children?

On March 9th 2017, Lord Justice McFarlane delivered the first of the Bridget Lindley OBE Memorial Lectures.

Full post: The Transparency Project

Just add this one to the pile…

The continued mis-reporting of family cases by Christopher Booker.

Full post: The Transparency Project

Consultation by the FMC – Should mediators draft consent orders?

The Family Mediation Council has consulted all bodies conducting mediation on whether, contrary to the present rules governing mediators, we should be allowed to draft consent orders.

Full post: Pink Tape

Jack Russell and lackadaisical assessments

Cheshire East Borough Council v PN & Ors (Flawed Local Authority Assessments) [2017] EWFC 20 (03 March 2017).

Full post: suesspiciousminds

The Divorce (Financial Provision) Bill—a radical change for family law?

Hilary Lennox, barrister at 5 St Andrews Hill, considers the Divorce (Financial Provision) Bill [HL] 2016-17, a private member’s bill introduced by Baroness Deech.

Full post: Family Law Blog

Financial remedies and anonymity orders

Family analysis: The recent Court of Appeal judgment in Norman v Norman clarified the law on anonymising reports in financial remedy proceedings.

Full post: Family Law Blog

Legal aid statutory charge Part 3: avoidance and evasion

So far, on the subject of legal aid and the legal aid statutory charge, this series has looked at (1) HRA damages and legal aid: a Pyrrhic exercise; and (2) legal aid statutory charge and care proceedings. The next question is: what are the duties of the solicitor and of barristers towards the legal aid fund?

Full post: dbfamilylaw

“Setting a precedent” – what does it actually mean?

On 27 February 2017 The Telegraph reported on an ongoing appeal in the Court of Appeal by a wealthy wife (Mrs Sharp) in respect of the financial order made following her divorce.

Full story: The Transparency Project

Mrs Norman and the indigestible cherry

This judgment is the decision on Mrs Norman’s appeal against orders made years ago in connection with the financial aspects of her divorce.

Full post: The Transparency Project

Where does the truth lie? Gestmin in the family courts

In Lachaux -v- Lachaux [2017] EWHC 385 (Fam) Mr Justice Mostyn considered the guidance in relation to issues between (it transpired) former husband and wife.

Full post: Pink Tape

Guilty until proven innocent? — Lecture by Professor Jo Delahunty QC

Giving the second of a series of lectures at Gresham College on the difference between crime and family law proceedings, Jo Delahunty QC spoke about the use of expert medical evidence in cases concerning the death or serious injury of a child.

Full post: The Transparency Project

English mother to be reunited with child in Dubai…

This post is about the case of Lachaux v Lachaux [2017] EWHC 385 (Fam), a recent decision by Mr Justice Mostyn.

Full post: The Transparency Project

Legal aid statutory charge and care proceedings

Following on from HRA damages and legal aid: a Pyrrhic exercise?  a narrow question has arisen over whether the Family Court has power to award damages.

Full post: dbfamilylaw