Thursday, January 31, 2019

Internet Newsletter for Lawyers January/February 2019


The latest issue of the Internet Newsletter for Lawyers is now published.
In this issue:
  • Social media – Paul Bernal examines why privacy is the key to Facebook's fake news problem
  • Social media – Alex Heshmaty and Nick Holmes consider how lawyers can make good use of the enigmatic Twitter
  • SEO – Eleanor Reynolds of Hallam Internet describes 10 simple checks to help improve your website's SEO health
  • Drones – Joanne Frears of Lionshead Law explains the regulation of drones and their impact on aerospace
  • Websites – Nick Holmes introduces the new incarnation of Venables Legal Resources
  • This Newsletter – Delia Venables bids farewell as editor of this Newsletter which she founded 20 years ago
  • The web – Nick Holmes explains the concept and ideals of the open web and the threats it faces

Monday, January 28, 2019

News Essentials: 28th January 2019


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

NEWS
Corners may have to be cut and time limits exceeded: Family President
It is neither necessary nor healthy, “in these highly pressured times”, for the courts and the professionals to attempt to undertake ‘business as usual’, the President of the Family Division has said. Full story: Local Government Lawyer.

Family judge praised for ditching legal jargon so child can understand judgment
A family court judge has won plaudits for writing an adoption judgment without legal jargon. Full story: Legal Cheek. See Re X, below.

Almost half of us mistakenly believe that common law marriage exists
Almost half of people in England and Wales mistakenly believe that unmarried couples who live together have a common law marriage and enjoy the same rights as couples that are legally married. Full story: National Centre for Social Research.

Government publishes landmark domestic abuse bill
The government has unveiled the most comprehensive package ever to tackle domestic abuse. Full story: Home Office and Ministry of Justice.

Domestic abuse consultation response and draft bill
Government response to the domestic abuse consultation and draft Domestic Abuse Bill. Full story: Home Office and Ministry of Justice.

CASES
Lemmens v Barbara Brouwers (Ex Lemmens) [2018] EWCA Civ 2963 (27 November 2018)
Appeal by husband against costs order made at the conclusion of a hearing determining his application for a variation of periodical payments. Appeal dismissed. Full report: Bailii.

X (A Child), Re [2018] EWFC B82 (19 December 2018)
Final hearing of uncontested care and placement proceedings in relation to a child aged under one, whose siblings had already been adopted. Full report: Bailii.

H, Re [2018] EWHC 3761 (Fam) (18 December 2018)
Judgment dismissing committal application due to fatal errors in the process. Full report: Bailii.

A Local Authority v BF [2018] EWCA Civ 2962 (21 December 2018)
Application for permission to appeal by a local authority against orders made under the inherent jurisdiction in relation to where a 97-year-old man should reside. 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.

Monday, January 21, 2019

News Essentials: 21st January 2019


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

NEWS
Bill bans ‘abhorrent’ quizzing of domestic abuse victims in court
Landmark draft legislation also includes measures to raise awareness and support survivors. Full story: The Observer.

Monthly care applications reach three-year low
The number of monthly children's care applications made by councils to family courts has dipped below the 1,000 mark for the first time in more than three years. Full story: Children & Young People Now.

Woman ordered not to contact son is spared jail for attending parents' evening
London woman, who cannot be identified, tells family court there was exemption in order allowing her to attend. Full story: The Guardian.

Child maintenance: changes to powers of entry and information requests
This consultation seeks views on changes to the powers the Child Maintenance Scheme use to calculate child maintenance and enforce payments. Full story: Department for Work and Pensions.

CASES
M v Derbyshire County Council & Ors [2018] EWHC 3734 (Fam) (31 August 2018)
Application by mother for permission to reopen findings of fact made in the course of public law proceedings. Application dismissed. Full report: Bailii.

S v D (Hague Convention: Domestic Abuse: Undertakings: Return to Third State) [2019] EWHC 56 (Fam) (15 January 2019)
Application by father for summary return of child to Hungary. Mother sought to establish that there was a grave risk that return of child to Germany (where they were last habitually resident) or Hungary (where the father now lives) would expose him to physical or psychological harm. 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.

Monday, January 14, 2019

News Essentials: 14th January 2019


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

NEWS
Government issues deprivation of liberty definition in bid to provide clarity to practitioners
Ministers’ amendment to DoLS replacement bill sets out when a person would not be deprived of liberty, but sparks concerns over compatibility with human rights law. Full story: Community Care.

UK signs and ratifies Hague Choice of Court and Hague Maintenance Conventions
The UK signed and ratified, on 28 December, the 2005 Hague Convention on Choice of Court Agreements and the 2007 Hague Convention on the International Recovery of Child Support and other Forms of Family Maintenance. Full story: Family Law.

Family Justice Council 12th Annual Debate: the use of covert recordings in family law
Transcript and podcast available. Full story: Family Law Week.

Thousands apply online for divorce - including 13 on Christmas Day
Hundreds of people applied for a divorce over the Christmas and New Year period, the government has revealed, in its latest announcement claiming success in moving justice processes online. Full story: Law Society Gazette.

Judge criticises top firm for exacerbating divorce conflict
A top family law firm has been criticised by a High Court judge for exacerbating the conflict in a high-value divorce. Full story: Legal Futures.

Family law ‘does not need lawyers’, claims ex-policeman's McKenzie startup
A former police officer who has set up a venture linking the public with McKenzie friends has told the Gazette it is an ‘irrebuttable truth’ that family law does not need lawyers. Full story: Law Society Gazette.

The Human Fertilisation and Embryology (Parental Orders) Regulations 2018
The Human Fertilisation and Embryology Act 2008 is being amended to allow for one applicant to apply for a parental order. The purpose of this instrument is to set the legal framework for parental orders. Statutory Instrument.

The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018
This order amends the Human Fertilisation and Embryology Act 2008 following a declaration by the High Court that s.54 of the Act was incompatible with Art.14 ECHR, in that it only allowed couples to apply for a parental order. The order will amend the Act to allow for a sole applicant for a parental order, and makes provisions consequential on this change.  Statutory Instrument.

CASES
AR v JR [2018] EWHC 3626 (Fam) (28 November 2018)
Application for wife's financial remedies application to be struck out on the basis that it is (a), vexatious, and/or duplicative and/or (b), on the basis there has been prior compromise. Full report: Bailii.

AH v AMH F (Summary return of child to Sudan) [2018] EWHC 2981 (Fam) (19 October 2018)
Final hearing of the mother's application for the summary return of the parties' son to the Republic of the Sudan. Return ordered. Full report: Bailii.

A, Re [2018] EWHC 3625 (Fam) (10 December 2018)
Final hearing of public law proceedings concerning 14 month old boy of dual British / Ghanaian nationality and heritage, in which the issue was whether he should be placed with members of his extended natural family in Ghana, or his foster carer, in England. 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.