family law, legal aid, LASPO, child maintenance service, draft orders, transparency, Financial Remedies Working Group, Children and Vulnerable Witnesses Working Group Interim Report, 13th View, holiday update
It’s
that time of year - memories of sun, sea and sand are fading and it’s back to
the office we all go. Welcome back (if,
indeed, you did manage to get away)! So, what’s been happening in family law
over the summer? Below is a quick summary of the main developments.
A View
On 17 August 2014 the President released
a 13th View, called ‘The process of reform: an update’. It is available
here.
Consultations/Reports
The Children and Vulnerable Witnesses Working Group
Interim Report
The Children and Vulnerable
Witnesses Working Group Interim Report was released on 12 August 2014.
For a helpful summary see:
The Children and Vulnerable
Witnesses Working Group – essential update
Report of the Financial Remedies Working Group - 31
July 2014
The
Report of the Financial Remedies
Working Group was released on
12 August 2014.
For a helpful summary see:
The Financial Remedies Working
Group – essential update
Transparency consultation
Transparency – The Next Steps: A Consultation Paper was released by the President on 15 August 2014.
For a helpful
summary see:
Transparency – essential update.
More draft orders
More draft orders
were circulated. We’ve collated them all together
here.
Legislation and
practice directions
Pretty quiet on the legislation front
from a family law point of view.
On 31 July 2014 all of Practice Direction
27A - Family Proceedings: Court Bundles
came into force. Parts of paras 4.1, 5.1
and 5.3 were not previously in force – these are the ones about the content and
format of bundles (ie limiting the bundle to just one lever arch file unless
the court directs otherwise).
Part 3 of the Children and Families Act
2014 came into force on 1 September – this is the part that deals with Special
Educational Needs.
There have been some other minor
statutory instruments – see the Legislation and Guidance part of our website
here.
Cases
For all the cases that came out over the
summer, see the judgments part of our website
here. Some of the key cases are listed below:
Legal aid funding:
Q v Q; Re B; Re C [2014] EWFC 31. Case summary and full judgment
available
here. See also Lucy Reed and Judi Evan's article, '
The President’s judgment in Q v Q, Re B (A Child) and Re C (A Child) [2014] EWFC 31 – thinking through the implications'.
Reporting restrictions:
Cooper-Hohn
v Hohn
[2014] EWHC 2314 (Fam). Case
summary and full judgment available
here.
Court of Protection, post
Cheshire West:
Re X and
Others (Deprivation of Liberty)
[2014] EWCOP 25. The full judgment, including the 25
question Annex, is available to download
here. See also Jess Flanagan's article, '
Court authorised Deprivations of Liberty (DoL) in a post-Cheshire West world'.
Other news
The Child Maintenance Service brought in
charges for using the service. See this
article.
Also worth reading is the article detailing the MoJ statistics that only
four family law applications for exceptional case funding have been granted between April and June 2014.
So there we go,
summer is over and we’re back at the coal face of family law feeling
refreshed(!). Looking ahead there will
be plenty of family law developments to keep us busy, especially with the Family Procedure
Rule Committee meeting in October to discuss changes to the rules stemming from
the reports released this summer. Also in October is the
Family
Law Conference
which, as well as featuring a host of distinguished
speakers also features the best pudding one of our team has ever tasted - who
needs the beach when you’ve got family law and puddings?
The website image has been kindly reproduced from Eric Savageunder the Creative Commons Licence.
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