Tuesday, July 02, 2013
News Update: 2nd of July 2013
WELCOME to this week's Family Lore News Update.
Appointment of a High Court Judge – Hayden
The Queen has been pleased to approve the appointment of Anthony Paul Hayden, Esquire, Q.C., to be a Justice of the High Court with effect from 31 July 2013. The Lord Chief Justice will assign Mr. Hayden to the Family Division. Full story: Ministry of Justice.
Plans for marriage tax breaks to be published 'shortly'
David Cameron has said the government will bring forward proposals for a transferable tax allowance for married couples and civil partners "shortly". Full story: BBC News.
Third View from the President’s Chambers focuses on expert evidence in care cases
In the third 'View from the President's Chambers' [see under 'Articles', below], Sir James Munby focuses again on expert evidence and, in particular, the use of experts in care cases. Full story: Family Law Week.
Half a million more children forced into poverty by 2015, warns Children’s Commissioner
Government is breaching its ‘obligations on children’s rights’, concludes report. Full story: Family Law Week.
Marriage rate continues its revival
Number of unmarried couples cohabiting in the UK has doubled since 1996. Full story: Family Law Week.
Appeal to be heard of court’s termination of father’s parental responsibility
Court of Appeal will determine whether Section 4(2A) of Children Act is compatible with ECHR. The CW v SG case. Full story: Family Law Week.
Elderly couples 'need more relationship guidance'
Elderly people in the UK should be offered more relationship support to help them cope with older age, the Relate charity says. Full story: BBC News.
Wife in £20m divorce rifled husband’s safe while he played golf
A wife persuaded a court to freeze £20 million of her husband’s assets using papers she raided from his safe while he was out playing golf, a High Court judge has disclosed. The UL v BK case - see below. Full story: The Telegraph.
Girl taken into care over suspicious injuries may be returned to parents
Judge says one of couple probably responsible for injuries, but children should wherever possible be raised by parents. The Re L and M case. Full story: The Guardian.
Child maintenance survey calls for higher payments from non-resident parents
The British public believe that the government should set higher child maintenance payments, which should also be set and enforced, according to the British Social Attitudes Survey conducted by NatCen Research. Full story: Family Law.
Improving safeguarding for looked-after children: changes to the Care Planning, Placement and Case Review (England) Regulations 2010
This consultation seeks views on proposals to amend the Care Planning, Placement and Case Review (England) Regulations 2010. Full story: Department for Education.
Statutory guidance on children who run away or go missing from home or care
The government has decided to produce a new version of the statutory guidance on children who run away and go missing from home or care to reflect these changes. Full story: Department for Education.
The Child Support (Miscellaneous Amendments) Regulations 2013
These Regulations contain provisions amending various sets of Child Support Regulations.
M v S  EWHC (28 June 2013)
Unsuccessful claim by wife that husband had an interest in a property purchased by his father. Report: Family Law.
W (Children)  EWCA Civ 735
Application by mother for permission to appeal order for contact and relating to change of child's name. Application granted in part. Full report: Family Law Hub.
Kasseer v Kasseer  EWCA Civ 722 (8 May 2013)
Application for permission to appeal a decision transferring the tenancy of a property, which used to be held in joint names, to the wife's sole name. Application refused. Full report: Family Law Hub.
Udeze-Nwannia v Udese-Nwannia  EWCA Civ 725 (26 March 2013)
Application to appeal against a decree of nullity where the H had previously married under a customary ceremony and a church ceremony in Nigeria (a 'double decker' marriage) but where he and his first wife went through only a customary divorce. Held that a valid church marriage could not be dissolved merely by a customary ceremony of divorce and so the H was still married at the time of his second marriage. Full report: Family Law Hub.
Thursfield v Thursfield  EWCA (20 June 2013)
Appeal against sentence of imprisonment for contempt, for continuing failure to comply with disclosure order. Appeal dismissed. Report: Family Law.
UL v BK  EWHC 1735 (Fam) (24 June 2013)
Application by wife for the continuation of an ex parte freezing order. Full report: Bailii. See also the news story above, the article and blog post below.
Evidence, Practice and Procedure: Estoppel and strike out - bars to re-litigation
"Abuse of process and its related issue estoppel, have been before family courts in reported decisions on at least three occasions in the past six months" says David Burrows in this article on Family Law.
Divorcing a bankrupt, Part II: where insolvency law meets financial remedies
Henry Clayton of 4 Paper Buildings outlines the consequences where a party to financial remedy proceedings becomes bankrupt after the making of a final order. Full article: Family Law Week.
View from the President's Chambers 3
The process of reform : expert evidence Full article: Judiciary of England & Wales (PDF). See also the news story, above.
Samantha Bangham’s Week in Cases 28 June 2013
Samantha Bangham looks at the week's case highlights. Full article: Family Law.
The End of the Open Road
Robin Charrot looks at the Supreme Court's judgment in Prest (Appellant) v Petrodel Resources Limited & Others (Respondents)  UKSC 34. Full article: Family Law.
Important judgment on freezing orders & ex parte orders commented on by David Partington
Freezing orders, without notice applications and evidence obtained in breach of confidence – a salutary reminder. [UL v BK - see above.] Full article: Sovereign Chambers.
US Supreme Court opens door to marriage equality, UK coming next
In rulings that have the potential to influence the jurisprudence of courts around the world, the Supreme Court of the United States has handed down two landmark decisions pertaining to the issue of same-sex marriage. [Also considers the effect of the decisions on the UK.] Full post: UK Human Rights Blog.
UL and BK – a stark warning to lawyers from Mr Justice Mostyn
A High Court judge has refused to renew a freezing order [see above] imposed on an unnamed billionaire after his wife admitted breaking into his safe. Full post: Marilyn Stowe Blog.
Excuse me, waiter? Could I have some MORE guidance please? Bit of a guidance drought over here….
Lucy Reed looks at the latest guidance from the President, dealing with 'allocation, docketing and the like'. Full post: Pink Tape.
The law, international relocation and children – an update
Solicitor Laura Guillon takes an in-depth look at the case of Re TC v JC (Children: Relocation)  EWHC 292 (Fam). Full post: Marilyn Stowe Blog.