Monday, December 05, 2016

News Essentials: 5th December 2016


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

NEWS
Lawyers overwhelmingly hostile to settlement conferences in care proceedings
Family lawyers have turned overwhelmingly hostile to settlement conferences in public law cases but are equally largely in favour of the process in private law children cases. Full story: Solicitors Journal.

Lord Chief Justice concerned by number of LiPs in the family courts
The Lord Chief Justice, Lord Thomas, has expressed concern over the number of LiPs involved private family law disputes. Full story: Family Law Hub.

150 Resolution members gather in Parliament to call for No Fault Divorce
The Government will come under increasing pressure to introduce ‘No Fault Divorce’ today (Wednesday 30 November), as 150 family lawyers and other professionals come to Parliament to meet with MPs and Peers on the subject. Full story: Resolution.

Court hears rare treatment withdrawal application for minimally conscious patient
Mr Justice Charles criticises Legal Aid Agency for advancing any argument ‘to avoid paying legal aid’. Full story: Solicitors Journal.

Cobb J sets out core principles for conducting re-hearings
Court re-hears fact-finding into life-threatening injuries to child. Full story: Family Law Week. See Re AD and AM (Fact-finding: Rehearing).

Resolution introduces new Code
Resolution has launched a new Code of Practice for its members. Full story: Family Law.

CASES
A (A Child : permission to permanently relocate) [2016] EWHC 2691 (Fam) (23 September 2016)
Application by mother for permission to permanently relocate with child to USA. Application granted. Full report: Bailii.

V (A Child), Re [2016] EWFC 58 (01 December 2016)
Private law proceedings regarding arrangements for 7 year old child. Judgment concerning the role and practice of local authorities when involved in allegations of abuse by one parent against another. Full report: Bailii.

RD & Ors (Duties and Powers of Relevant Person's Representatives and Section 39D IMCAS) [2016] EWCOP 49 (04 August 2016)
Five joined cases considering how RPRs and s.39D IMCAs should decide whether to bring an application to the Court of Protection under s.21A of the MCA to challenge a standard authorisation under Schedule A1. Full report: Bailii.

Robert v Woodall [2016] EWHC 2987 (Ch) (25 November 2016)
Trustee in bankruptcy was seeking to renew his application for permission to appeal against an order striking out his claim for a lump sum or a property adjustment order under ss.23 & 24 MCA. Cross-appeal to set aside an order in so far as it gave the Trustee permission to appeal against the decision striking out his claim that the payments were transactions at an undervalue pursuant to s.339 of the Insolvency Act 1986. Full report: Bailii, via Family Law Hub.

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For more news, see here.

For more cases, see here.

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