News Essentials: 19th August 2019


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

NEWS
Ignore emails after 6pm, family court tells lawyers
Barristers should take an hour for lunch and ignore emails before 8am and after 6pm, according to well-being guidance issued by the Central Family Court. Full story: Law Society Gazette.

Family court has jurisdiction to review its findings of fact, says Court of Appeal
The family court has the statutory power to review its own decisions and challenges to findings of fact on the basis of further evidence do not have to be by way of appeal only, the Court of Appeal has held. Full story: Local Government Lawyer.

Stepsister wins legal battle over which parent died first
Entitlement to co-owned estate depended on sequence of John and Marjorie Scarle’s deaths. Full story: The Guardian. See Scarle, below.

CASES
Scarle James Deceased, the Estate of v Scarle Marjorie Deceased, the Estate of [2019] EWHC 2224 (Ch) (13 August 2019)
Judgment considering issue of which of married couple died first. Full report: Bailii.

E (Children: Reopening Findings of Fact) [2019] EWCA Civ 1447 (14 August 2019)
Appeal considering the options open to someone wishing to challenge findings of fact in family proceedings on the basis of further evidence that was not available at the trial. Full report: Bailii.

R v P (No 2) [2019] EWHC 2175 (Fam) (14 March 2019)
Hearing of two applications in relation to 7 year old child whose father lives in Lithuania, by mother to change child's name and by father for an order that he could spend time and have contact with the child. Full report: Bailii.

Joy v Joy [2019] EWHC 2152 (Fam) (12 June 2019)
Financial remedies proceedings, in which the husband claimed to have no assets available to him. Hearing to determine whether wife's capital claims should be dismissed or adjourned. Full report: Bailii.

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