News Essentials: 4th July 2016

A brief summary of the essential family law news and cases from the last week:

Average time for disposal of care or supervision applications made in last quarter stands at 28 weeks
The Ministry of Justice has published court statistics showing the average time for the disposal of a care or supervision application made in January to March 2016 was 28 weeks. Full story: Family Law.

Family Justice Council publishes Guidance on 'Financial Needs' on Divorce
The Family Justice Council has today (1 July 2016) released its Guidance on ‘Financial Needs’ on Divorce. Full story: Family Law.

MIAMs down 14% compared to same period in 2015
The latest legal aid statistics published today (30 June 2016) show that the number of mediation assessments are down 14% compared to the same period in 2015. Full story: Family Law.

Court of Appeal grants appeal in posthumous conception case
The Court of Appeal has granted the appeal in M, R (on the application of) v Human Fertilisation and Embryology Authority, ruling that the late daughter gave consent to her mother conceiving after her death. Full story: Family Law. See report, below.

Divorce settlements open to challenge as lawyers 'unaware of stamp duty change'
Thousands of divorce settlements could be left open to appeal because the Government’s new stamp duty surcharge is leaving estranged partners unable to buy their own home following a split. Full story: The Telegraph.

Councils failing to protect at-risk children, says Ofsted
More than a quarter judged ‘inadequate’ by social care report, and child protection system has too much mediocre provision. Full story: The Guardian.

Courts 'costs rule' sets precedent for family disputes over Wills
The High Court has handed down a costs judgement for in excess of £65,000 in the case Elliott v Simmonds [2016] EWHC 962 (Ch), setting a precedent that the courts will make costs orders against claimants who pursue weak Will challenges, act obstructively, cause delay and increase costs without incurring costs themselves. Full story: Family Law. See report, below.

M, R (on the application of) v Human Fertilisation and Embryology Authority [2016] EWCA Civ 611 (30 June 2016)
Appeal by parents against refusal to set aside decision of HFEA to allow late daughter's eggs to be exported for the purpose of fertilisation and implanting in the mother. appeal allowed. Full report: Bailii.

W (A Child), Re [2016] EWCA Civ 542 (03 June 2016)
Care proceedings involving possible non-accidental injury. Application by mother for permission to appeal against refusal to direct a report from an expert obstetrician. Application refused. Full report: Bailii.

QS v RS (No 2) (Application to Terminate Appointment of Guardian) [2016] EWHC 1443 (Fam) (16 June 2016)
Application by mother for an order terminating the appointment of the children's guardian. Full report: Bailii.

Elliott v Simmonds [2016] EWHC 962 (Ch) (29 April 2016)
Costs judgment following failed challenge to the validity of a will. Full report: Family Law.

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