Friday, March 29, 2019

Internet Newsletter for Lawyers March/April 2019

The latest issue of the Internet Newsletter for Lawyers is now published.
In this issue:
  • Copyright – Simon Stokes of Blake Morgan looks at how copyright law is being challenged by disruptive technologies like AI and blockchain
  • Online dispute resolution – Graham Ross of ODR training sees smart settlement tools as an opportunity for mediators
  • Remote working – Shireen Smith describes the benefits of remote working based on the experience of moving her firm
  • Algorithms – Will Richmond-Coggan of Freeths explains how algorithms work and considers the legal protections
  • Driverless cars – Matthew Claxson of Moore Blatch looks at regulatory and industry progress and ahead to the future
  • Court technology – Alex Heshmaty of Legal Words surveys technologies currently employed in the courtroom
  • The web – Nick Holmes on how Tim Berners-Lee and other leading players see the state of the web 30 years on
Image: Adapted detail from the cover of Digital Copyright.

My posts this week on the Stowe Family Law Blog


My posts this week on the Stowe Family Law Blog included:

A million words …and hopefully the odd wise one - Looking back at my five and a half years writing for the Stowe Family Law blog.

Sir James Munby finds that irregularity in divorce did not make it invalid - In the case M v P.

Mother found to have maliciously fabricated allegations against father - The recent case Re ABCDEF (Fact Finding: Honour Based Violence).

The cost of ‘initial skirmishes’ - (i.e. 'jostling for position' before the real proceedings begin), as demonstrated by the case AJ v DM.

Have a good weekend.

Monday, March 25, 2019

News Essentials: 25th March 2019


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

NEWS
‘Victims of the justice system’ left to rely on free help from lawyers let down by courts, judiciary and legal aid, blasts former top family judge
Errors by courts and judges that left a couple’s final divorce decree potentially void was exposed in a judgment from the former head of the family division, who slammed the state for “washing its hands” of the problem it created by not granting legal aid to the parties to resolve their case. Full story: Legal Cheek. See M v P, below.

Stalking Protection Act 2019 comes into force
The Stalking Protection Act 2019 received Royal Assent on 15 March 2019. It comes into force immediately. Full story: Family Law Week.

Brexit Secretary responds to Children’s Commissioners’ ‘No Deal’ concerns
‘Arrangements are in place to ensure protection of children when UK leaves the EU’. Full story: Family Law Week.

Effective co-parenting is key to keeping children out of the courts: Cafcass
“Public health approach would help prevent cases from reaching crisis point”. Full story: Family Law Week.

Children Act 1989 (Amendment) (Female Genital Mutilation) Act 2019 comes into force
The Children Act 1989 (Amendment) (Female Genital Mutilation) Act 2019 received Royal Assent on 15 March 2019. It comes into force immediately. Full story: Family Law Week.

No fault divorce is consistent with international trends
Nuffield Foundation research seeks to inform MoJ consultation. Full story: Family Law Week.

CASES
M v P [2019] EWFC 14 (22 March 2019)
Application by Queen's Proctor to set aside a decree nisi of divorce by reason of non-compliance with section 1(2)(d) MCA 1973. Full report: Bailii.

AJ v DM [2019] EWHC 702 (Fam) (06 March 2019)
Judgment considering, inter alia, issue of jurisdiction in divorce proceedings, where the parties had last lived together in St Lucia. Full report: Bailii.

B v M [2018] EWHC 1473 (Fam) (26 April 2018)
Judgment in care proceedings, in case in which for the whole of his life, bar the first 8 weeks, the child had been cared for by the second cousin of the father and his partner, in an unlawful placement. Full report: Bailii.

DCC v NLH [2019] EWCOP 9 (19 March 2019)
Order retrospectively authorising the taking of DNA sample from man lacking capacity. Full report: Bailii.

CS v SBH & Ors [2019] EWHC 634 (Fam) (18 March 2019)
Appeal by child against dismissal of application for variation of order that child live with father. Full report: Bailii.

VB v JD & Ors [2019] EWHC 612 (Fam) (05 February 2019)
Appeal by mother against order stopping all direct contact with child. 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, March 18, 2019

News Essentials: 18th March 2019


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

NEWS
Commons approves amendments to Civil Partnerships Bill
Regulations to be introduced by end of year. Full story: Family Law Week.

Court of Protection should not summarily dismiss cases where liberty is at stake, says senior judge
Court of Protection judges should not summarily dismiss cases where someone’s liberty is at stake, Mr Justice Hayden, Vice President of the court, has said. Full story: Local Government Lawyer.

No parental role for father who was part of ‘predatory’ group that sexually abused teen
A teenage girl groomed and sexually exploited by a group of “predatory men” is embroiled in family court litigation after giving birth. Full story: Care Appointments. See P (Notice of care proceedings to father without parental responsibility), below.

Judge uses ‘plain English’ text to explain decision to woman with learning difficulties
A family court judge has used plain English in a bid to help a woman with learning difficulties understand why a baby must be taken from her care. Full story: Care Appointments. See Re L, below.

Master grants Inheritance Act application made 25 years out of time
The High Court has granted permission to bring a claim under the Inheritance Act – despite it being issued some 25 years and nine months after the deadline for doing so. Full story: Law Society Gazette.

CASES
Downes v Downes & Anor [2019] EWHC 491 (Ch) (13 March 2019)
The Claimant claimed that he was the sole beneficial owner of three properties and sought declarations to that effect, orders that they be transferred into his sole name and consequential relief. His claims were successful. Full report: Bailii, via Family Law Hub.

M v F (Appeal : Fact Finding) [2019] EWHC 572 (Fam) (12 March 2019)
Cross applications by father for child arrangements order and by mother for non-molestation order. Application by mother for permission to appeal in relation to fact-finding hearing. Permission refused. Full report: Bailii.

P (Notice of care proceedings to father without parental responsibility) [2019] EWFC 13 (11 March 2019)
Care proceedings. Application by local authority for the requirement to serve Form C6A upon father to be disapplied. Application allowed. Full report: Bailii.

X and Y (Delay : Professional Conduct of Expert) [2019] EWFC B9 (11 March 2019)
Short judgment in care proceedings to address concerns relating to the professional conduct of the medico-legal expert instructed to prepare reports in respect of the children. Full report: Bailii.

L (special guardianship order), Re [2019] EWFC B7 (28 February 2019)
Care proceedings concerning one year old child. Special guardianship order made in favour of maternal grandfather's niece. 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, March 11, 2019

Financial Remedies Practice (2019): The essential, specialist reference for all family financial remedy practitioners


Financial Remedies Practice, 2019 Edition

The @eGlance Guide

£89.95 - Published by Class Legal: March 2019

Financial Remedies Practice is firmly established as the essential, specialist reference for all family financial remedy practitioners.

Cited and used in courts every day, this unique book combines in a single portable volume authoritative Commentary on financial remedies practice and procedure together with the full and up-to-date text of the relevant Family Procedure Rules and Practice Directions.

The Commentary is written by the team responsible for both At A Glance and @eGlance so you can be confident that the guidance is current, trusted and insightful.

Crucially, and unlike other books on the topic, Financial Remedies Practice provides unrivalled coverage of myriad decisions and developments under the CPR that now mirror many of the key aspects of financial remedies practice, such as injunctions, relief from sanctions, costs and general case management.

This 8th edition has been revised and rewritten to incorporate developments from the last 12 months. Crucial changes include the emergence of two sets of Family Procedure (Amendment) Rules, allowing for the anticipated recalibration of the former ‘Shorter Procedure’ to the new ‘Fast Track’ and the President's announcement that the ‘Financial Remedies Courts’ scheme will be extended to other regions.

Key cases from the last 12 months, including De Gafforj v de Gafforj (Appeal: Hadkinson Order) [2018] and Barton v Wright Hassall [2018] are also analysed in the comprehensively rewritten Commentary.

The book is supplemented by an online version at familyprocedure.com which includes the full text of the Commentary linked to the primary sources cited so that you can easily find the relevant case and statutes direct from the Commentary.

This breadth of coverage and the expertise of the authors means that Financial Remedies Practice should be on the shelf in every family law library.

Financial Remedies Practice is available from Class Legal, here.

News Essentials: 11th March 2019


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

NEWS
The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019
These Regulations are made in order to address failures of retained EU law to operate effectively and other deficiencies in retained EU law (in particular to address reciprocal arrangements which no longer exist and are no longer appropriate) arising from the withdrawal of the UK from the European Union. Statutory Instrument.

The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019
These Regulations are made in order to address failures of retained EU law to operate effectively and other deficiencies (in particular paragraph g of section 8(2)) arising from the withdrawal of the United Kingdom from the European Union. Statutory Instrument.

The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019
These Regulations are made in order to address failures of retained EU law to operate effectively and other deficiencies in retained EU law (in particular to address reciprocal arrangements which no longer exist and are no longer appropriate) arising from the withdrawal of the United Kingdom from the European Union. Statutory Instrument.

HMCTS extends court modernisation programme by a year
HM Courts and Tribunals Service (HMCTS) has put back completion of the court modernisation programme by a year to 2023, it announced yesterday. Full story: Legal Futures.

High Court rejects evidence from law firm ‘whistleblower’
The president of the family division has rejected a wife’s application to admit the statement of a ‘whistleblower’ inside her former husband’s legal team who sent the court privileged information. Full story: Legal Futures.

James Bulger's father loses Jon Venables identity challenge
The father of James Bulger has lost a legal challenge to try to change a lifelong anonymity order for one of his son's killers. Full story: BBC News. See report, below.

Supreme Court grants permission to appeal in Villiers v Villiers
Case concerns jurisdiction between England and Wales, and Scotland in maintenance proceedings. Full story: Family Law Week.

CASES
B (A Child : Post-Adoption Contact) [2019] EWCA Civ 29 (30 January 2019)
Appeal by parents against refusal of application for post-adoption contact. Appeal dismissed. Full report: Bailii.

S (A Child : Hague Convention 1980 : Return To Third State) [2019] EWCA Civ 352 (07 March 2019)
Appeal against order that child be returned to Hungary, despite being habitually resident in Germany. Appeal allowed. Full report: Bailii.

Q (Child: Interim Care Order: Jurisdiction), Re [2019] EWHC 512 (Fam) (07 March 2019)
Judgment considering issue of whether an interim care order can persist after the subject child reaches their seventeenth birthday. Full report: Bailii.

Wodehouse v Wodehouse [2018] EWCA Civ 3009 (29 November 2018)
Appeal against lump sum order made against third party. Appeal allowed, on basis that court had no jurisdiction to make order. Full report: Bailii.

Venables & Anor v News Group Papers Ltd & Ors [2019] EWHC 494 (Fam) (04 March 2019)
Application to vary anonymity injunction in relation to the person formally known as Jon Venables. Application refused. 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.

Sunday, March 10, 2019

New by me last week on the Stowe Family Law Blog


My posts last week on the Stowe Family Law Blog included:

Ministry of Justice announces grants to support domestic abuse victims - As usual, the government takes a pound and expects us to feel grateful when it gives back pennies...

Private FDRs: a good idea, but sadly not for all - Our two-tier family justice system gathers pace.

Procedure where permission required to make children application - That is, an application for leave following the making of a s.91(14) order, as in the case P & N.

Enjoy the rest of your weekend.

Monday, March 04, 2019

News Essentials: 4th March 2019


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

NEWS
Ministry of Justice grant to support victims of domestic abuse in family courts
Government has awarded £900,000 to organisations based in some family courts to provide in-court support to victims of domestic abuse. Full story: Ministry of Justice.

Sick girl to be treated against parents' wishes, judge rules
Doctors should treat a sick 13-month-old girl and give her a "chance" at life against the wishes of her parents, a High Court judge has ruled. Full story: BBC News. See Manchester University Hospital NHS Foundation Trust v M & Anor, below.

Judiciary pulls back on ban for fee-charging McKenzie Friends
While “deeply concerned” about the growth in fee-charging McKenzie Friends, the judiciary has failed to decide whether they should be banned – three years after consulting on doing just that. Full story: Legal Futures.

CASES
Manchester University Hospital NHS Foundation Trust v M & Anor [2019] EWHC 468 (Fam) (27 February 2019)
Application by NHS Trust in relation to the treatment of a 13 month old child born with end stage renal failure. Full report: Bailii.

Southend-On-Sea Borough Council v Meyers [2019] EWHC 399 (Fam) (20 February 2019)
Application by local authority for declarations that they had discharged their obligations to a 98 year old man, in relation to his accommodation. Full report: Bailii.

P & N (Section 91(14): Application for Permission To Apply: Appeal) [2019] EWHC 421 (Fam) (27 February 2019)
Appeal by mother against order granting leave to father to apply for child arrangements order, following making of s.91(14) order. appeal allowed. Full report: Bailii.

Saxton v Bruzas [2018] EWHC 3879 (Fam) (19 December 2018)
Application by wife to set aside consent order, alleging perjury and perverting the course of justice by husband and his legal team, following disclosure of documents by "whistle blower" on H's legal team. Full report: Bailii.

MF, Re [2018] EWHC 3841 (Fam) (17 December 2018)
An order which ordered the wife to pay £20,000 towards the husband's costs after the breakdown of the marriage was left undisturbed as the order was not outside the spectrum of reasonable decisions that might have been made. Full report: Bailii, via Family Law Hub.

*      *      *
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.