News Essentials: 30th July 2022

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

NEWS

Court of Appeal outlines approach advocates and judges should take to requests for clarification of judgments
The Court of Appeal has considered the extent to which judges are required to respond to requests for clarifications in judgments. This arose in a case concerning the alleged sexual abuse of two children. Full story: Local Government Lawyer.

A (short) View from the Presidents Chambers - July 2022
The latest update from the President of the Family Division, Sir Andrew McFarlane. Full story: Courts and Tribunals Judiciary.

Frederick Barclay could face jail over failed payments to ex-wife
Businessman found to be in contempt of court for not paying £245,000 in fees and maintenance, but not for £100m settlement. Full story: The Guardian.

Archie Battersbee: judges deny appeal over decision to stop life support
Parents have been fighting for son with ‘catastrophic’ brain injury to continue receiving treatment. Full story: The Guardian.

'Insufficient lawyers' to cross-examine parties in domestic abuse cases
The Law Society has welcomed a ban on domestic abuse complainants being cross-examined by the alleged perpetrator in family and civil proceedings - but is worried that not enough lawyers will be available to step in. Full story: Law Society Gazette.

Capital Gains Tax: transfers of assets between spouses and civil partners in the process of separating
The Government has published proposals to change the rules that apply to transfers of assets between spouses and civil partners who are in the process of separating. Full story: Family Law Week.

Domestic Abuse Commissioner sees ‘a very worrying trend’ for victims in latest CPS figures
The Domestic Abuse Commissioner, Nicole Jacobs, has said that the latest CPS figures show a very worrying trend for domestic abuse victims. Full story: Family Law Week.

Family courts: One fifth of divorces wrongly ending up in court - top judge
Too many divorce cases are going to court and the language used there is too hostile, a leading judge has said. Full story: BBC News.

CASES

London Borough of Hackney v P & Ors [2022] EWHC 1981 (Fam) (29 July 2022)
Applications by local authority for care order and by paternal grandmother for return of child to Tunisia. Preliminary hearing considering jurisdiction and procedure. Full report: Bailii.

Barnsley Metropolitan Borough Council v VW & Ors [2022] EWFC 83 (29 July 2022)
Unopposed care proceedings. Judgment considering which threshold issues remained in dispute and whether it was proportionate and appropriate for them to be litigated at a final, contested hearing. Full report: Bailii.

Osborne v Arnold [2022] EWHC 1983 (Fam) (25 July 2022)

Applications for declaration of parentage in relation to child born following IVF treatment, for revocation of an adoption order made in favour of the biological mother's partner, and for judicial review with respect to the decision of the Registrar not to register her as the child's parent. Full report: Bailii.

A Local Authority v M & Ors [2022] EWFC 82 (27 April 2022)
Final hearing of care proceedings relating to a child born in May 2020, comprising threshold and welfare judgments. Full report: Bailii.

K v N [2022] EWHC 1827 (Fam) (13 July 2022)
Application by father for summary return of child to Republic of Ireland. Held that the father did not have rights of custody immediately before the child's removal and that the removal was not therefore wrongful for the purposes of Art 3 of the 1980 Hague Convention. Application dismissed. Full report: Bailii.

Dance & Anor v Barts Health NHS Trust & Anor [2022] EWCA Civ 1055 (25 July 2022)
Application by parents for permission to appeal from declaration that it is lawful for treatment to be withdrawn from brain damaged child. Permission refused. Full report: Bailii.

F and G (Children) (Sexual abuse allegations) [2022] EWCA Civ 1002 (25 July 2022)
Appeal by intervenor in care proceedings against findings that he sexually abused the five-year old daughter of his former partner. Appeal dismissed. Full report: National Archives.