Monday, August 15, 2016

News Essentials: 15th August 2016

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

Supreme Court refers to ECJ case of transgender woman denied state pension at 60
Sec of State argues that full certificate of gender recognition is required. Full story: Family Law Week. See report, below.

Cafcass in talks with government to stem care application rises
Attempts are being made to halt rapid increases in the number of applications being made for children to be taken into care, the Children and Family Court Advisory and Support Service (Cafcass) has said. Full story: Children & Young People Now.

Care applications in July 2016
In July 2016, Cafcass received a total of 1,305 care applications.  This figure represents a 16% increase compared to those received in July 2015. Full story: Cafcass.

Cafcass private law demand
In July 2016, Cafcass received a total of 3,468 new private law cases.  This has remained at a similar level as that seen in July 2015. Full story: Cafcass.

Attendance of Solicitors at Local Authority Children Act Meetings
The Law Society has issued an updated Practice Note on attendance of solicitors at local authority Children Act meetings. It is aimed at all solicitors who work in public law Children Act proceedings. Full story: Family Law.

Section 37 Senior Courts Act 1981 injunctions can be made only in support of existing substantive powers
Court of Appeal discharges injunction to transfer pension policy. Full story: Family Law Week. See Goyal v Goyal.

MB v Secretary of State for Work and Pensions [2016] UKSC 53 (10 August 2016)
Supreme Court judgment as to whether the Council Directive 97/7/EEC on the Progressive Implementation of the Principle of Equal Treatment for Men and Women in Matters of Social Security precludes the imposition in national law of a requirement that, in addition to satisfying the physical, social and psychological criteria for recognising a change of gender, a person who has changed gender must also be unmarried in order to qualify for a state retirement pension. The appellant, a transgender woman who has not applied for a full gender recognition certificate, has been denied a state retirement pension after her 60th birthday. Referral made to the European Court of Justice. Full report: Family Law Week.

Morris v Morris [2016] EWCA Civ 812 (10 August 2016)
Appeal by husband against, inter alia, committal order made on the wife's application by way of judgment summons for maintenance arrears and variation of maintenance order. Full report: Bailii.

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For more news, see here.

For more cases, see here.

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