Monday, March 12, 2018

News Essentials: 12th March 2018

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

Government takes action to tackle domestic abuse
The government has launched a consultation on domestic abuse, seeking new laws and stronger powers to protect and support survivors. Full story: Home Office and Ministry of Justice.

Domestic abuse still under-reported in England, says Women's Aid
The charity says its figures underline the need for continued support of refuges. Full story: The Guardian.

Cobb J reviews law on interim orders for sale of parties' former matrimonial home
Wife’s appeal against interim order for sale allowed. Full story: Family Law Week.

Adopted children should remain close to birth families, study suggests
Adoption law should be overhauled to ensure children can retain close contact with their birth families, the British Association of Social Workers has said following the findings of an academic study. Full story: Children & Young People Now.

RS v LS & LMP [2018] EWHC 449 (Fam) (07 March 2018)
Application by wife to set aside judgment for costs obtained by her former solicitors, who acted for her in the context of financial remedy proceedings. Full report: Bailii.

X and Y (Children) [2018] EWHC 451 (Fam) (08 March 2018)
Care and placement proceedings concerning two teenage girls. Applications by local authority concerning what role, if any, the girls' father should play in the proceedings. Full report: Bailii.

DAM (Children), Re [2018] EWCA Civ 386 (08 March 2018)
Appeal by mother against care orders in relation to two of three children. Appeal dismissed. Full report: Bailii.

AG and AB (Children) [2018] EWHC 381 (Fam) (28 February 2018)
Appeal against order that children habitually resident in Canada and that court had no jurisdiction to determine father's application for a child arrangements order. Appeal dismissed. Full report: Bailii.

Habberfield v Habberfield [2018] EWHC 317 (Ch) (23 February 2018)
Application by daughter claiming entitlement to the entirety of the family farm, owned by her deceased father, or such lesser sum as the court thought fit. The claim was brought against her mother in proprietary estoppel and alternatively under the Inheritance (Provision for Family and Dependants) Act 1975. Full report: Family Law Week.

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For more news, see here.

For more cases, see here.

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Sunday, March 11, 2018

Book Review: Dictionary of Financial Remedies, 2018 Edition

Dictionary of Financial Remedies

Hess, Duckworth, Max & Kisser

£55* - Published by Class Legal: March 2018

As I have said here before, I'm afraid I don't have time these days to do full book reviews. I will therefore keep this short.

As I have explained before, the Dictionary of Financial Remedies is an A4 paperback (or digital edition, see below) book comprising (in this edition) 104 pages with some 71 entries, in alphabetical order, on various topics relevant to financial remedies, ranging from Add-Backs (you'll have to read the book if you don't know what they are) through such things as the Compensation and Sharing Principles, to Variation of Settlements. The publishers describe it as " a unique reference guide to the key concepts, cases and practice of financial remedies."

The Dictionary is updated each year. In addition this year it has new entries on the aforementioned Add-Backs, Chattels, Hadkinson Orders, International Enforcement, Jurisdiction, Special Contribution and Stockpiling Orders, all of which obviously makes it even more useful than before.

The Dictionary provides a handy and portable aide-memoire for anyone involved in financial remedies work. If you already have it, then you'll need the latest edition. If you don't have it, try it out - as I also said last year, you may just find it becoming an essential addition to your library.

Dictionary of Financial Remedies can be purchased from Class Legal, here. As usual, a digital edition is also available.

* If you get in quick and pre-order, the price is £45.

Friday, March 09, 2018

Good ideas, bad ideas

My posts this week on the Stowe Family Law Blog were all about ideas, whether good or bad:

Some good ideas contained in pending family law Bills - Even if most of them will never pass...

A salutary tale about the implementation of a financial order - Contained in the case O’Connell v Lovell (divorce : property).

Father fails with child maintenance argument on Sark - The Privy council case A v R (Guernsey).

Is adult adoption a good idea? - I consider the question.

Have a good weekend.

Thursday, March 08, 2018

Tens of thousands left in legal limbo as government backtracks on legal aid review

Nigel Shepherd
In response to today's comments from the Justice Minister to further postpone the review of legal aid, and alongside the announced changes to the cross-examination of vulnerable witnesses, Resolution Chair Nigel Shepherd said:

"It is now nearly 5 years since the government’s devastating cuts to the legal aid system in England and Wales. In that time we’ve seen the number of people without legal representation in the family courts sky-rocket, countless more are unable to access even basic early legal advice and there has been a fall off in the referrals to family mediation that before the cuts came primarily from family lawyers.

Vulnerable people are still finding it harder to access legal support to help them escape abusive relationships than they did before 2013 .

The government committed to reviewing the impact of LASPO by April this year. And more than a year ago, we were told that this review process had begun. It seems bizarre that, at a time when Government is trying to increase efficiencies in the court system, they’re unwilling to take steps to address the growing number of litigants in person in family courts – a direct result of these cuts and one that comes with a financial and emotional cost and the risk of real injustice.

Whilst we welcome the consultation on other long-awaited measures to protect victims of domestic abuse, it is unacceptable that that there is still no clear timetable to introduce the urgently needed legislation to allow family court judges to prevent perpetrators of abuse (alleged or otherwise) from cross-examining their victims in person.

Today’s announcement sends a very clear, and very stark, message: while ministers continue to drag their feet, tens of thousands are left in legal limbo each year."

Monday, March 05, 2018

News Essentials: 5th March 2018

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

First surrogacy guidance published for England and Wales
Guidance on how to start a family using a surrogate has been published for England and Wales for the first time by the government. Full story: BBC News.

President issues fresh guidance on jurisdiction and allocation in the Family Court
The President seeks to clarify the position, which is the cause of "considerable confusion". Full story: Family Law Hub.

Latest ONS marriage figures underline need for legal reform
The Office of National Statistics (ONS) has published Marriages in England and Wales: 2015, reporting on the number of marriages that took place in England and Wales in 2015. Full story: Family Law.

Number of councils using Family Drug and Alcohol Courts to expand
The new authorities join 15 others that operate the specialist courts across the country. Full story: Community Care.

Solicitor loses appeal against order to give evidence on Russian client’s assets and not tip him off about it
A solicitor compelled to give evidence about a billionaire Russian client’s assets, and forbidden from revealing his court appearance to the client, has lost his appeal against those orders. Full story: Legal Futures. See Kerman v Akhmedova, below.

Rudd urged to prevent cross-examining by domestic abusers
Charity calls on home secretary to end practice in family courts as she unveils proposals for bill. Full story: The Guardian.

Divorce costs £3,800 a year in retirement income, says Prudential
Expected annual income for divorcees retiring in 2018 is £17,600. Full story: Family Law Week.

A v A [2018] EWHC 340 (Fam) (28 February 2018)
Appeal by husband against order varying terms of consent order made in 2011, on the basis of a change in circumstances. Appeal allowed in part. Full report: Bailii.

G (A Child) [2018] EWCA Civ 305 (28 February 2018)
Appeal against provision in child arrangements order in favour of artificial insemination donor where child's parents are civil partners, allowing contact with donor's parents. Appeal dismissed. Full report: Bailii.

WS v HS (appeal - sale of matrimonial home) [2018] EWFC 11 (28 February 2018)
Application for permission to appeal against interim order for the immediate sale of a former matrimonial home. Permission granted, and appeal allowed, on the basis that there was no application before the DJ on which he could make such an order. Full report: Bailii.

Kerman v Akhmedova [2018] EWCA Civ 307 (27 February 2018)
Appeal by solicitor against order made on application of wife in financial remedy proceedings requiring him to attend court to give evidence. Appeal dismissed. Full report: Bailii.

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For more news, see here.

For more cases, see here.

To subscribe to the Family Lore Focus free weekly Newsletter (which includes links to all of the week's top family law news stories, cases, articles and blog posts), go here.

Friday, March 02, 2018

Snow joke

The country may have fallen under the spell of the Beast from the East this week, but that didn't stop me posting on the Stowe Family Law Blog (well, someone has to keep things running), where my posts were generally of a rather serious nature. They included:

“Unpalatable” for a McKenzie friend to cross-examine alleged abuse victim - The judgment of the Court of Appeal in J (DV Facts).

Come on, surely we can do better than the child support system? - Thoughts provoked by the recent case MJ v Secretary of State for Work and Pensions and FD, not to mention the even more recent case P v Secretary of State for Work and Pensions and P. In both cases, the child support claims were still grinding on, despite the children being well into their twenties!

Domestic abuse sentencing guidelines contain lessons for all - Some thoughts on the new guidelines from the Sentencing Council.

No special rules or indulgences for litigants in person - As confirmed by the Supreme Court in Barton v Wright Hassal LLP.

Have a warm weekend.