Tuesday, May 29, 2018

News Essentials: 29th May 2018


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

NEWS
Research review on parental alienation published
Cafcass Cymru publication provides an evidence base to guide practice. Full story: Family Law Week.

New legislation will modernise the courts
The first step in legislation to modernise courts and tribunals across the country will today be introduced in the House of Lords. Full story: Ministry of Justice.

CASES
S (Abduction: Hague Convention Or BIIa) [2018] EWCA Civ 1226 (25 May 2018)
Appeal dealing with issue of whether, after child removed to/retained in another EU Member State, English court should order summary return, or wait until determination of proceedings under the 1980 Convention in the other Member State. Full report: Bailii.

Y (Children) [2018] EWCA Civ 1208 (25 May 2018)
Appeal by mother against refusal to set aside order made in September 2017 requiring the children to be returned to Ontario, from where she had wrongly removed them in October 2016. 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.

Tuesday, May 22, 2018

Internet Newsletter for Lawyers May/June 2018


The latest issue of the Internet Newsletter for Lawyers is now published.

In this issue
  • Access to justice – Graham Ross of The Mediation Room reviews developments in ODR and the online court
  • Data protection – Phil Lee of Fieldfisher looks at whether fresh marketing consent is needed under the GDPR
  • Chambers IT – Delia Venables and guest authors look at practice management tech for barristers chambers
  • Cryptocurrencies – Alex Heshmaty of Legal Words explains cryptocurrencies and their relevance to legal practice
  • Websites – Ed Ryan of Hallam Internet explains when and how to use 301 redirects when changing your website
  • Tech law – Nick Holmes reviews recent analyses of the developing law relating to the application of algorithms

Access the Newsletter online

Monday, May 21, 2018

News Essentials: 21st May 2018


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

NEWS
Tandem model of child representation in pubic law proceedings is working well, finds study
Guidance as to the respective roles of solicitor and guardian may be beneficial. Full story: Family Law Week.

Family Justice Research Bulletin 7
A summary of the findings of recent research relevant to family justice. Full story: Ministry of Justice.

President of the Family Division agrees protocol on communicating with UK Visas and Immigration in Family Proceedings
Protocol agreed between the President of the Family Division and the Home Office issued on 16 May 2018. Full story: Family Law.

Practice Guidance: Standard financial and enforcement orders (addendum no 2)
On 30 November 2017 I issued ‘Practice Guidance: Standard financial and enforcement orders’. Since then I have received a handful of representations about some of the paragraphs in these orders. In the light of them I have decided to issue the following amendments. Full story: Family Law.

CASES
LKH v TQA AL Z (Interim maintenance and costs funding) [2018] EWHC 1214 (Fam) (19 April 2018)
Application by a wife and mother for interim periodical payments in the context of proceedings under Part III of the 1984 Act after a foreign divorce. Full report: Bailii.

Villiers v Villiers [2018] EWCA Civ 1120 (17 May 2018)
Appeal by husband against order made on wife's s27 MCA 1973 application, considering issue of whether England or Scotland has jurisdiction. Full report: Bailii.

G v G & Anor [2018] EWHC 1100 (Fam) (04 May 2018)
Application by the police to delay service of a Cafcass report in a child abduction case, pending investigation of allegations that father had abused one of the children. Full report: Bailii.

Ahmad v Wood & Anor [2018] EWHC 996 (QB) (11 May 2018)
In this financial remedy case, the Claimant showed that there was sufficient evidence to show that further material should have been before the District Judge and that there was a substantial chance that such material would have led to a materially different order. In respect of his damages claim, the court ruled that the alleged consequential losses set out in the Particulars of Claim were outside the scope of the Defendants' duty and as such are irrecoverable; the damages claim would therefore need to be reformulated. Full report: Bailii, via Family Law Hub.

Tish & Ors v Olley & Ors [2018] EWHC 1069 (Ch) (09 May 2018)
The Claimants brought a claim under the Inheritance Act against the executors of their late father that their father, who had remarried since divorcing their mother, intended that following his death his estate should take over responsibility for making payments to them equivalent to those set out in the ancillary relief Order in 2007. Full report: Bailii, via Family Law Hub.

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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.

Thursday, May 17, 2018

Words of wisdom from the family law Twitterati


A quick snapshot of the latest Tweets from the family law Twitterati.

Today it is all about Owens v Owens. Firstly from two of today's Supreme Court protagonists:
And:
Resolution, of course, are pressing hard for no-fault divorce:
And they are hardly alone:
And:
But, contrary to what some might say, the legal profession is not presenting a united front:
Interesting times!

Monday, May 14, 2018

News Essentials: 14th May 2018


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

NEWS
Wife fails in attempt to increase award of £51.4 million plus share of business assets
CoA gives weight to pre-marital agreement. Full story: Family Law Week. See Versteegh v Versteegh, below.

Court of Appeal upholds decision to imprison husband in serious contempt of court
‘Disregard of the orders was motivated by resentment’. Full story: Family Law Week. See Hart v Hart, below.

Owens v Owens Supreme Court hearing begins 17 May
Hearing scheduled to last one day. Full story: Family Law Week.

Reform for the Family jurisdiction
A message to family judges from the President of the Family Division. Full story: Family Law.

Revised forms A & A1 in use from 4 June
Changes made to allow for fast track procedure. Full story: Family Law Hub.

Family Division judge refuses council permission to withdraw care proceedings
A Family Division judge has refused an application by the London Borough of Tower Hamlets to have care proceedings for child C either dismissed or withdrawn. Full story: Local Government Lawyer.

CASES
Hart v Hart [2018] EWCA Civ 1053 (11 May 2018)
Appeal by husband from committal order made for contempt in relation to implementation of financial remedies order. Full report: Bailii.

Dobson v Griffey [2018] EWHC 1117 (Ch) (10 May 2018)
Claim by former cohabitee for share of property, based on doctrines of constructive trust and/or proprietary estoppel. Claim dismissed. Full report: Bailii.

A, Re (Wardship: 17 year old: s.20 accommodation) [2018] EWHC 1121 (Fam) (07 March 2018)
Applications for a care order and secure accommodation order in respect of a 17 year old said to be beyond parental control, and to engage the inherent jurisdiction in order to seek a deprivation of liberty order. Full report: Bailii.

A v B [2018] EWFC 4 (26 January 2018)
Application by a former wife to strike out a claim for financial remedies made by her former husband, from whom she was divorced twenty-five years previously. Full report: Bailii.

Versteegh v Versteegh [2018] EWCA Civ 1050 (10 May 2018)
Appeal by wife against financial remedies orders, alleging "profound deficiencies and errors which permeate the evaluations and exercise of discretion in the judgments". 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.

Tuesday, May 08, 2018

News Essentials: 8th May 2018


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

NEWS
MPs seek to guarantee grandparents' rights to see children
Cross-party support to enshrine children’s rights to a relationship with members of extended family. Full story: The Guardian.

Log in, break up – new ‘easy’ way to get a divorce online
Ministry of Justice website will allow couples to avoid stress of appearing in court, but worries persist over ‘trial by Skype’. Full story: The Observer.

Surrogacy laws set for reform as Law Commissions get Government backing
The Law Commission of England and Wales and the Scottish Law Commission have started work on a review of the laws around surrogacy after Government funding was agreed. Full story: Law Commission.

6,500 jobs to be lost in modernisation of UK courts
Number of staff to be cut to around 10,000 by 2022 as part of £1bn overhaul of system. Full story: The Guardian.

Mother alleging abuse left alone in court after failing legal aid test
A family judge has publicly criticised the lack of funding for a woman alleging rape and sexual assault against her ex-husband, suggesting it may have resulted in a miscarriage of justice. Full story: Law Society Gazette. See JY v RY, below.

CASES
Y (A Child) (S.38(6) Assessment) [2018] EWCA Civ 992 (26 March 2018)
Appeal by local authority against a direction that they finance the placement of a child, together with her mother and father, in a residential unit. Appeal allowed. Full report: Bailii.

M (A Child) [2017] EWCA Civ 2356 (13 December 2017)
Appeal by father against order giving permission to mother to relocate with child to her native Columbia. Appeal allowed. Full report: Bailii.

S (A Child), Re (Article 16 and 18 BIIa and Article 19 EU Service Regulation [2017] EWHC 3768 (Fam) (18 October 2017)
Application by father seeking return of child from Spain. Judgment dealing with jurisdiction issue. Full report: Bailii.

Juszkiewicz v Juszkiewicz [2018] EWHC 997 (Fam) (20 April 2018)
Application by father for summary return of daughter to Poland. Return ordered. Full report: Bailii.

Wall v Munday [2018] EWHC 879 (Ch) (27 April 2018)
Appeal against a finding that the divorced ex-partner of the deceased and the estate of the deceased himself were entitled to half each of the beneficial interest in a property. Appeal also against a costs order. First appeal dismissed and the costs order allowed. Full report: Bailii, via Family Law Hub.

JY v RY [2018] EWFC B16 (27 April 2018)
Fact-finding hearing to consider allegations by mother in private law proceedings, in which neither parent was represented. Concerns expressed about unsatisfactory procedural history, preparation, process and outcome. Full report: Bailii.

*      *      *
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.