Monday, April 09, 2018

News Essentials: 9th April 2018


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

NEWS
Mediation starts at their lowest since LASPO introduction
Quarterly legal aid statistics published. Full story: Family Law Week.

Cohabitant entitled to slice of partner’s £1.5m estate, judge rules
The High Court has ruled in favour of a woman who received nothing from her late partner’s £1.5 million estate, in a judgment that will again spark debate about the law on inheritance. Full story: Law Society Gazette. See Thompson v Ragget, below.

The Family Procedure (Amendment) Rules 2018
These Rules amend the Family Procedure Rules 2010, in particular making provision in relation to the “fast-track” and “standard” procedures for resolution of certain applications for a financial remedy. Statutory Instrument.

FPR Practice Direction 36G: Pilot Scheme, Procedure for Using an Online System to Generate Applications in Certain Private Law Proceedings Relating to Children
The FPR Committee has issued a new Family Procedure Rules Practice Direction 36G (Pilot Scheme, Procedure for Using an Online System to Generate Applications in Certain Private Law Proceedings Relating to Children). Full story: Family Law.

Family court statistics quarterly: October to December 2017
A statistical bulletin presenting statistics relating to the family courts in the fourth quarter of 2017, October to December. Full story: Ministry of Justice.

High Court hears how squabbling barristers turned family hearing into “shouting match”
There is a “concerning tendency on the part of the advocates simply to interrupt each other in an effort to advance their competing submissions”, a High Court judge has said as he reviewed a hearing that turned into a “shouting match”. Full story: Legal Futures.

CASES
Constandas v Lysandrou & Ors [2018] EWCA Civ 613 (27 March 2018)
Appeal against dismissal of TOLATA claim to a half share in a property on the grounds that when it was bought in 1959 the claimant paid a deposit of £100 and a further £500 as a down payment, which comprised half the purchase price. Appeal dismissed. Full report: Family Law Week.

Thompson v Ragget & Ors (Rev 1) [2018] EWHC 688 (Ch) (29 March 2018)
The claimant claimed reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 out of the estate of her late partner, who had left her nothing. An order was made which transferred one of the properties to her. Full report: Bailii, via Family Law Hub.

W, Re [2018] EWCA Civ 664 (27 March 2018)
Appeal by mother against provision requiring return of children to USA even if she is refused a visa. Appeal allowed. Full report: Bailii.

B (Children) [2018] EWCA Civ 614 (27 March 2018)
Appeal against dismissal of application by mother for summary return of children to Spain. Appeal allowed. Full report: Bailii.

T (A Child), Re [2018] EWCA Civ 650 (28 March 2018)
Appeal by paternal grandmother against order placing child for adoption. Appeal allowed. Full report: Bailii.

Lukjanenko v Medway Council [2018] EWCA Civ 612 (27 March 2018)
Appeal by father of child taken into care against committal order for breach of RRO and POHA order. Appeal dismissed. Full report: Bailii.

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For more news, see here.

For more cases, see here.

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