Family Law

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.

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EU Referendum Family Law Special

Brexit: To Hell in a Handcart - Episode One
Rebecca Bailey-Harris & John Wilson QC
15 June 2016
We two authors are avowedly in favour of the United Kingdom remaining within the European Union. Our views are founded in the political and social realities on which membership is based and from which the legal consequences flow.

Brexit: England and Wales as a global family law leader or EU-emasculated?
David Hodson OBE - @DMHodson
15 June 2016
The EU referendum has been described as the most important vote for our country in a generation. No-one will vote solely on the basis of family law. But EU involvement in family law is a microcosm of some national issues. With so many horror stories of 'Project Fear' if we were to leave, what is and might be the family law position?

Brexit: To Hell in a Handcart - Episode Two
Rebecca Bailey-Harris & John Wilson QC
17 June 2016
We two once again present our united voice for the UK remaining in the EU, in the best interests of families in a world - and particularly Europe - characterised by a degree of mobility undreamt of by earlier generations.

The Brexit debate: Project Fear - no fear
Gavin Smith - @RGavinASmith
17 June 2016
Vitalstatistix, the Gaulish chief in the Asterix stories, suffers from the ever-present fear that the sky may fall on his head. But despite the hysteria which our learned opponents in this Family Law debate sought to generate by their tabloid-style headline in the May issue, family litigants, lawyers and judges need have no such fears in the event of Brexit.

News

Divorce fee increase ‘is unjustified’, says new Justice Select Committee report
20 June 2016
A new report published today (20 June 2016) by the Justice Select Committee (JSC) has criticised the overall increase in court and tribunals fees, with particular reference to enhanced divorce petition costs as being ‘effectively a divorce tax’.

New appointment to the Civil Procedure Rule Committee
20 June 2016
The Lord Chancellor has appointed a new member to the Civil Procedure Rule Committee (CPRC).

Seventeen per cent increase in private law cases received by Cafcass in May 2016
14 June 2016
Figures released by Cafcass show that, in May 2016, the number of private law cases received increased by 17% from May 2015 levels. A total of 3,267 new cases were received.

Care applications received by Cafcass in May 2016 increase by 23%
14 June 2016
In May 2016, Cafcass received a total of 1,141 care applications. This figure represents a 23% increase compared to those received in May 2015.

Articles

A Day in the Life of ... Valentine Le Grice QC (barrister)
Valentine Le Grice QC - @ValLeGrice
14 June 2016
I am a QC specialising in the financial consequences of divorce. Like most barristers, appearing in court is the focus of my work.

Hart to Hart
Nicola Walker - @nicolaruth007
14 June 2016
The newspaper headlines in respect of the case of Hart v Hart [2016] EWCA Civ 497, which was the husband's application for permission to appeal, reflected only a very small part of the husband's grounds of appeal.

Judgments

FINANCIAL REMEDIES: Wyatt v Vince [2016] EWHC 1368 (Fam)
Hearing Date: 10 June 2016
Mr Justice Cobb
Family Division
The court approved a financial agreement between the parties who had been divorced 19 years previously and held that the judgment could be published.

PRACTICE & PROCEDURE: AS v TH (False Allegations of Abuse) [2016] EWHC 532 (Fam)
Hearing Date: 11 March 2016
Mr Justice MacDonald
Family Division
The judge found on the balance of probabilities that the allegations of abuse against the father were false and that the mother had lied and coerced the children into making the allegations.

PUBLIC LAW CHILDREN: Re X (A Child) [2016] EWHC 1342 (Fam)
Hearing Date: 10 June 2016
Sir James Munby, President of the Family Division
The President ordered a re-opening of the fact-finding hearing.

PRIVATE LAW CHILDREN: Re N [2016] EWHC 1329 (Fam)
Hearing Date: 08 June 2016
Sir James Munby, President of the Family Division
Family Division
A declaration of parenthood was granted pursuant to s 55A of the Family Law Act 1986 following an error in the consent form prior to IVF treatment.

PRIVATE LAW CHILDREN: Re J [2016] EWCA 1330 (Fam)
Hearing Date: 08 June 2016
Sir James Munby, President of the Family Division
Family Division
A declaration of parenthood was granted pursuant to s 55A of the Family Law Act 1986 following a clerical error in the consent form prior to IVF treatment.

Legislation & Guidance

How attorneys and deputies can make gifts
20 June 2016
Office of the Public Guardian issues updated practice note on how attorneys and deputies can make gifts and what kind of gifts are appropriate.

Court of Protection: final Case Management Pilot Practice Direction
16 June 2016
The final version of the pilot Practice Direction has now been published in advance of a case management pilot commencing in the Court of Protection (CoP).

Semi-automated online legal services
14 June 2016
The Law Society has issued guidance for solicitors and members of their staff offering or planning to offer semi-automated online legal services.

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