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Family Law Newsletter: 22 February 2016

© Copyright LexisNexis 2024. All rights reserved.
Date:22 FEB 2016
The Family Law newsletter provides you with all the latest news, judgments, articles and guidance to ensure you are up to date with the latest developments and their impact on practice.

News

Errors in old Form E1 version
22 February 2016
The Justice Secretary, Michael Gove, has announced that a version of the Form E1 contained an incorrect formula which meant that the automatic calculator in the form had calculated the wrong total for an individual's net assets by failing to deduct certain liabilities.

Restrictions on access to legal aid for domestic violence survivors are unlawful, says Court of Appeal
18 February 2016
The Court of Appeal has today (18 February 2016) ruled that evidence requirements which have been operating to prevent survivors of domestic abuse from getting legal aid for family cases are unlawful.

Woman awarded share of property after it had passed to deceased partner's estranged wife
17 February 2016
A woman has been awarded a share of her deceased partner's property after it had passed to the deceased partner's estranged wife.

Articles


A very legal playground: Re B (A Child) (Habitual Residence: Inherent Jurisdiction) and the habitual residence seesaw
Alex Laing
22 February 2016
On 3 February 2016, the Supreme Court gave judgment in Re B (A Child) (Habitual Residence: Inherent Jurisdiction) [2016] UKSC 4. The case addressed a novel point in the ongoing re-interpretation of the concept of habitual residence: when does a child lose it and is our domestic analysis of that consonant with the modern international concept?

Time limit on application for domestic violence legal aid invalid
David Burrows
19 February 2016
The question for the Court of Appeal in R (Rights of Women) v Lord Chancellor and Secretary of State for Justice [2016] EWCA Civ 9 (on appeal from R (Rights of Women) v Lord Chancellor and Secretary of State for Justice [2015] EWHC 35 (Admin)) was summarised by Longmore LJ.

Court decision highlights merits of automatic inheritance rights for cohabitants
Graeme Fraser
19 February 2016
The reporting of Joy Williams' successful application for a share of her former partner's house brings back into the spotlight the issue of inheritance after living together without getting married or forming a civil partnership.

Evidence of child witness
David Burrows
18 February 2016
The appeal in Re S (Children) [2016] EWCA Civ 83 was against case management decisions made by Her Honour Judge Moir in care proceedings that a child witness should not be required to give live evidence.

Creating a supportive and therapeutic family justice system
Amy Sanders
17 February 2016
On 11 February 2016 Bristol Civil and Family Justice Centre hosted a further free seminar to discuss reforms to family justice and effective pre-proceedings programmes and practice. The panel consisted of HHJ Wildblood QC, Anthony Douglas (Chief Executive of Cafcass) and Sir David Norgrove, Chairman of the Family Justice Board.

Judgments


PUBLIC LAW CHILDREN: Birmingham City Council v SK [2016] EWHC 310 (Fam)
Hearing Date: 19 February 2016
Mr Justice Keehan
Family Division
The local authority was granted permission to withdraw its application for injunctive relief.

COURT OF PROTECTION: Re CS (Termination of Pregnancy) [2016] EWCOP 10
Hearing Date: 22 January 2016
Mr Justice Baker
Court of Protection
The Court of Protection authorised the termination of the young woman's pregnancy on the basis that she lacked capacity to decide and that it was in her best interests.

FINANCIAL REMEDIES: Mann v Mann [2016] EWHC 314 (Fam)
Hearing Date: 18 January 2016
Mrs Justice Roberts
Family Division
The husband was found to owe the wife £624,886 plus interest but the wife's application for committal was refused on the basis that he had not had the means to make payment.

FINANCIAL REMEDIES: Rapp v Sare [2016] EWCA Civ 93
Hearing Date: 18 February 2016
Lord Justice Patten, Lady Justice Black and Mr Justice Baker
Court of Appeal
The husband's appeal from a financial remedies order was dismissed.

COSTS: R (Rights of Women) v The Lord Chancellor and Secretary of State for Justice [2016] EWCA Civ 91
Hearing Date: 18 February 2016
Lord Justice Longmore, Lord Justice Kitchin and Lady Justice Macur
Court of Appeal
The appeal was allowed and Reg 33 of the Civil Legal Aid (Procedure) Regulation 2012 was declared invalid.

FINANCIAL REMEDIES: AB v CD [2016] EWHC 10 (Fam)
Hearing Date: 11 January 2016
Mrs Justice Roberts
Family Division
The husband's appeal was allowed and the consent order was set aside.

PUBLIC LAW CHILDREN: Re N and P (Children) (Care and Placement Orders) [2016] EWFC 4
Hearing Date: 22 January 2016
Mr Justice Baker
The Family Court
The judge found that the English court was better placed to hear the care proceedings, that the threshold criteria had been met and that it was in the best interests of the children to be adopted.

INHERITANCE: Wooldridge v Wooldridge (Case No: 3CL1022132)
Hearing Date: 16 February 2016
Her Honour Judge Karen Walden-Smith
Central London County Court
The wife's claim under the Inheritance (Provision for Family and Dependents) Act 1975 was refused.
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