The Habberfields and the Hab-not-a-fields

Last year saw an abundant crop of “proprietary estoppel” disputes between farming families, with no fewer than 12 such claims being heard by the High Court. Of those claims, only 3 were successful – which points to the factual and legal difficulties that claimants face in invoking this doctrine. Behind each of these cases lies human tragedy: a deeply, and most likely irretrievably, fractured family.

Full post: The Transparency Project

How Dorset feel – to treat me like you do?

Another day, another case about designated authority.   This one answers the question “Does the stop the clock provision apply under a Supervision Order?”

Full post: suesspiciousminds

Expert Witnesses: The Crisis in Family Courts

West Sussex County Council v B [2019] EWFC B25 is a prime example of the importance of independent expert evidence in preventing possible miscarriages of justice, and the impact on families of not being able to secure such evidence in a timely manner.

Full post: The Transparency Project

The family court in an era of austerity: problems and priorities – Sir James Munby

The online divorce project has been a “triumphant success”, according to Sir James Munby, but the family justice system as a whole is “inadequately funded and resourced” and the shortage of judges, the cuts to legal aid and antiquated IT systems were among the “many difficulties we continue to face”.

Full post: The Transparency Project

Who are the Beatles? And can they fix my computer?

The press love a story about out of touch judges – think ‘Who are The Beatles?’. And so with this headline in the Mail Online : ‘Technophobe’ judges delay £1.2bn justice system reforms as plan to use new software in family court hearings is dropped.

Full post: The Transparency Project

Fight for Life: Best interests, sick children and the Battleground

In the recent case of Manchester University Hospital NHS Foundation Trust v OA , the court had to decide the fate of a 13-month-old-girl, known as M, who was born with end stage renal failure.

Full post: The Transparency Project

All at sea

T (A child), Re [2019] EWHC 1572 (Fam) (12 June 2019).

Full post: suesspiciousminds

Towards and untowards

London Borough of Wandsworth v Lennard [2019] EWHC 1552 (Fam) (14 June 2019).

Full post: suesspiciousminds

Wellbeing and the Family Justice System by Sir Andrew McFarlane

Sir Andrew McFarlane, President of the Family Division, on judicial behaviour, the impact of pressure facing family courts and future plans to try and reduce it.

Full post: Wellbeing at the Bar

Just because I’m paranoid doesn’t mean they’re out to sue me…

The Transparency Project was founded in part to counter dodgy headlines and over-simplified or inaccurate media reports about all things family law. Every so often, distortion of what a case *really* says or means comes from within the system. This is one such example.

Full post: The Transparency Project

It ain’t that easy…

This is a guest post from Themis (pseudonym), a parent with experience of the family courts.

Full post: The Transparency Project

How do family courts use ‘barring orders’?

One of the tasks of the new review of family courts and domestic abuse announced last month by the MoJ is to examine courts’ use of barring orders.

Full post: The Transparency Project

How does the family court deal with domestic abuse? A snapshot – part 2

A (A Child) [2019] EWFC B16 (12 March 2019) & Re N (Children) [2019] EWCA Civ 903.

Full post: The Transparency Project

How does the family court deal with domestic abuse? A snapshot

A Lancastrian Council v M [2019] EWFC B6 (07 March 2019).

Full post: The Transparency Project

County Lines and Magical Sparkle Powers

A City Council v LS & Ors (Secure Accommodation Inherent Jurisdiction) [2019] EWHC 1384 (Fam) (04 June 2019).

Full post: suesspiciousminds

Problem exists between chair and keyboard

Lucy Reed shares her top tips for paperless working.

Full post: Pink Tape

Independent research on domestic abuse and family courts

A quick review of available research.

Full post: The Transparency Project