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Family Law Newsletter: 25 July 2016

Date:22 JUL 2016
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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


New opportunities for reforming the law
20 July 2016
The Law Commission is asking for ideas for its 13th Programme of law reform work, in a consultation opened by Chairman, Sir David Bean.

Arbitration Children Scheme launched
18 July 2016
The Institute of Family Law Arbitrators (IFLA) has today (18 July 2016) launched the Family Law Arbitration Children Scheme, set to bolster the use of arbitration relating to family disputes.

Articles

Is there something I should know? Disclosure and non-disclosure in the family court: Part 1
Gwyn Evans
25 July 2016
This is the first part of a two-part article about non-disclosure and the family court. This first part sets out the nature and origin of the duty of disclosure, to whom it is owed, whether different criteria apply if parties are represented, the requirement of disclosure where agreement has been reached, the utility of a protective recital in a consent order, the routes of redress following a discovery of non-disclosure (set aside or appeal), the applicability of the Ladd v Marshall principles (fresh evidence on appeal), and the error into which the Court of Appeal fell in Gohil.

Reforming family justice: is the only way Essex?
Liz Trinder
25 July 2016
This articles sketches some ideas for the reform of family justice, particularly private law children, drawing heavily on proposals for reform of civil justice as well as existing empirical research about effective interventions in family justice.

Judgments


FINANCIAL REMEDIES: BC v DE [2016] EWHC 1806 (Fam)
Hearing Date: 21 July 2016
Mr Justice Cobb
Family Division
A costs order was made in proceedings under Sch 1 of the Children Act 1989.

PUBLIC LAW CHILDREN: A Local Authority v M and Ors [2016] EWHC 1599 (Fam)
Hearing Date: 01 July 2016
Mr Justice Newton
Family Division
Findings were made in relation to the mother who had attempted to take her children to Syria to join Islamic State.

INHERITANCE: Lewis v Warner [2016] EWHC 1787 (Ch)
Hearing Date: 18 July 2016
Mr Justice Newey
Chancery Division
The appeal from a decision under the Inheritance (Provision for Family and Dependents) Act 1975 was dismissed.

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