Tuesday, June 04, 2013

News Update: 4th of June 2013


WELCOME to this week's Family Lore News Update.

NEWS
'Debt problems may fuel divorce among older couples'
Elderly couples who struggle with debt are more than twice as likely to suffer marriage breakdown than those whose finances are steady, research suggests. Full story: BBC News.

Archbishop of Canterbury: gay marriage bill will undermine family life
Speaking in House of Lords debate, Justin Welby says law will undermine marriage as basis for rearing children. Full story: The Guardian.

Further Imerman judgments determine issues relating to representation of trust beneficiaries and privilege of communications
Settled case provides importance guidance for practitioners [see judgments below]. Full story: Family Law Week.

Gay marriage bill: Lords to debate 'wrecking amendment'
A "wrecking amendment" which seeks to derail the gay marriage bill will be debated in the House of Lords later. Full story: BBC News.

Revised PLO published
The revised Public Law Outline has been published, together with a new Practice Direction 36C. Full story: Pink Tape. See also here, and the post by suesspiciousminds, below.

Gay marriage plan 'paves way for polygamy', says Lord Carey
Same-gender marriage sets a "dangerous precedent" which could lead to sibling marriage or polygamy, says Lord Carey. Full story: BBC News.

Legal aid cuts 'put a generation of children in danger'
A generation of children risks being traumatised by the Government's swingeing legal aid cuts, and youngsters caught in violent homes are already being placed in acute danger, family law experts have revealed. Full story: The Independent.

Marriage makes people happier than six figure salaries and religion
Marriage makes people happier than religious beliefs, earning six-figure salaries and having children, a study for the Office of National Statistics has found for the first time. Full story: The Telegraph.

Moylan J calls for caution when courts make financial orders based on future income
Permission to appeal granted to Husband in financial remedies case [CR v SR]. Full story: Family Law Week.

CASES
W (A Child) [2013] EWCA Civ 606 (19 April 2013)
Application by father for permission to appeal against refusal of his application for unsupervised contact. Permission granted, but appeal dismissed. Full report: Family Law Hub.

Imerman v Imerman [2012] EWHC 4047 (Fam) (17 December 2012)
Directions hearing in respect of an application made by the wife for disclosure by the husband of certain communications in respect of which he claims privilege. Full report: Bailii. See also the news story above.

Z & Ors v News Group Newspapers Ltd & Ors (Judgment 1) [2013] EWHC 1150 (Fam) (07 May 2013)
Application by father to prevent identification of children in case where mother was standing trial for benefit fraud. Reporting restriction order made. Full report: Bailii. See also the post by suesspiciousminds, below.

Z & Ors v News Group Newspapers Ltd & Ors (Judgment 2) [2013] EWHC 1371 (Fam) (21 May 2013)
Judgment dealing with issue of whether a Reporting Restriction Order prohibiting publication of identifying information arising within ongoing criminal proceedings should be varied in the event of the defendant mother being convicted. Full report: Bailii. Again, see also the post by suesspiciousminds, below.

Re M (Contempt of Court) [2013] EWCA (22 May 2013)
Appeal by father against finding of contempt made in his absence. appeal dismissed. Report: Family Law.

Tchenguiz -Imerman v Imerman [2012] EWHC 4277 (Fam) (20 June 2012)
Application made by adult beneficiaries of certain trusts to be joined as parties to financial remedy proceedings. Full report: Bailii. See also the news story above.

J v G [2013] EWHC 1432 (Fam) (26 March 2013)
Application for a parental order under section 54 Human Fertilisation and Embryology Act 2008 in respect of twins born following a surrogacy arrangement in California. Full report: Bailii.

Z v Z [2013] EWHC 747 (Fam) (22 January 2013)
Judgment in application for recognition of Brazilian adoption relating to two children. Full report: Bailii.

ARTICLES
Enforcement under Family Procedure Rules 2010 and self-incrimination privilege
"Mohan v Mohan provides a timely reminder of the law in relation to self-incrimination privilege; but it also suggests that questions about procedure for over enforcement of family proceedings financial orders are some way from being resolved by Family Procedure Rules 2010 and the new provisions of Part 33." Says David Burrows, in this article on Family Law.

European justice scoreboard
"The Law Society Gazette reports, 24 May, that the UK has declined to take part in an EU initiative to launch a "European justice scoreboard", which according to the EU press release is "to promote effective justice systems in the EU"." Says David Hodson. Full article: Family Law.

Vince v Wyatt: the FPR 2010 strikes back?
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 article: Family Law Week.

Psych versus Psych: A Diagnostic Dispute and the Implications for Expert Witnesses in Family Proceedings
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 article: Family Law Week.

BLOG POSTS
“I hope he gets to / baptising me soon”
Suesspiciousminds looks back at the case Re C (A Child) [2012] EW Misc 15 (CC).

“The peril of Auntie Beryl”
"As the 26 week time limit comes upon us (being introduced by Parliament, the President’s revised PLO guidance [see news story above] and behind the scenes pressure on Courts and Local Authorities via the “Stick of Statistics” ™ - not necessarily in that order), I have been musing about the elephant in the room, of what happens when late in the proceedings, the Court is presented with a suitable relative, Auntie Beryl." Says suesspiciousminds in this post.

“Don’t put your daughter on the stage – if you want to claim Disability Living Allowance for her”
"The High Court have just published twin judgments on an interesting case, relating to reporting restriction orders – Re Z v News Group Newspapers 2013 [above]." Full post: suesspiciousminds.

You have been consulted
Lucy Reed looks at the Government's Transforming Legal Aid consultation. Full post: Pink Tape.

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