Enforcement under Family Procedure Rules 2010 and self-incrimination privilege

"Mohan v Mohan provides a timely reminder of the law in relation to self-incrimination privilege; but it also suggests that questions about procedure for over enforcement of family proceedings financial orders are some way from being resolved by Family Procedure Rules 2010 and the new provisions of Part 33." Says David Burrows.

Full article: Family Law

European justice scoreboard

"The Law Society Gazette reports, 24 May, that the UK has declined to take part in an EU initiative to launch a "European justice scoreboard", which according to the EU press release is "to promote effective justice systems in the EU"." Says David Hodson.

Full article: Family Law

View from the President's Chambers 2

The process of reform : the revised PLO and the local authority

Full article: Judiciary of England & Wales (PDF).

Vince v Wyatt: the FPR 2010 strikes back?

Sian Cox, barrister, Harcourt Chambers analyses the court’s power to strike out in family proceedings and considers in the light of the Court of Appeal judgment in Vince v Wyatt, the circumstances in which such applications may succeed.

Full article: Family Law Week

Psych versus Psych: A Diagnostic Dispute and the Implications for Expert Witnesses in Family Proceedings

William Tautz, barrister of Tooks Chambers, examines the fundamental challenge to psychiatric diagnosis recently announced by the British Psychological Association and explores its implications for the instruction and cross-examination of expert witnesses in a post-streamlined PLO world.

Full article: Family Law Week

International endorsement for family arbitration

"Family arbitration has been successfully launched in several countries recently and is having a kick-start in those countries where it is presently available but underused." Says David Hodson.

Full article: Family Law

Maintenance Pending Suit Revisited

Alexander Chandler of 1 King’s Bench Walk, Temple, London revisits and updates an article originally published in February 2010 in light of changes brought about by the Family Procedure Rules 2010.

Full article: Family Law Week

Samantha Bangham’s Week in Cases 24 May 2013

Samantha Bangham looks at the week's case highlights.

Full article: Family Law

Legal aid expert evidence authority and Legal Aid Agency

David Burrows discusses the cases of Re JG (a child by her guardian) v Legal Services Commission and ors (incl Law Society and Secretary of State for Justice) [2013] EWHC 804 (Admin) and R (on the application of T) v Legal Aid Agency & ors [2013] EWHC 960 (Admin).

Full article: Family Law

Conclusion of the matrimonial financial tie: show cause, strike out and materiality

"The last month or so has seen a variety of decisions which have amounted to the family courts, in different ways, saying to couples they must live with their agreements; that there must be an end to matrimonial financial litigation. All are based on judicial common sense of the highest order; but where does substantive law fit in with all this?" Asks David Burrows.

Full article: Family Law

Committal Applications in financial remedy proceedings: when, how and why to make one

Marisa Allman explains when, how and why to make a committal application in financial remedy proceedings.

Full article: Zenith Chambers (PDF)

What Place does Wardship have in Modern Family Proceedings?

Leanne Buckley-Thomson, barrister at 12 College Place, provides an overview of wardship and considers its usefulness in modern family proceedings.

Full article: Family Law Week

Good Intentions are Not Enough: Thompson v Hurst

Sheila Hamilton Macdonald, barrister, examines the implications of the Court of Appeal judgment in Thompson v Hurst; a cohabitee property dispute in which the property had been registered in the name of only one of the cohabitees.

Full article: Family Law Week

Samantha Bangham’s Week in Cases 17 May 2013

Samantha Bangham looks at the week's case highlights.

Full article: Family Law

Summary of the latest ‘View From The President’s Chambers’

Amy sanders looks at the main outlines of the revised PLO.

Full article: Family Law

Family law: a “time-consuming and morally shadowy activity”?

"Recently an article in the Guardian described family law as a “time-consuming and morally shadowy activity” and suggested that family lawyers “sleep in a bed that has been paid for by the unhappiness of others”." Says Geraldine Morris.

Full article: Halsbury's Law Exchange

Finance and Divorce May 2013 update

Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the April financial remedies and divorce news and cases.

Full article: Family Law Week

The existential crisis of set aside transactions under section 37 MCA 1973

Byron James, barrister, 14 Grays Inn Square considers the questions arising in relation to transactions set aside by s.37 MCA 1973 orders.

Full article: Family Law Week

Samantha Bangham’s Week in Cases 10 May 2013

Samantha Bangham looks at the week's case highlights.

Full article: Family Law

The Jackson Five

Amy Royce-Greensill considers the main practical points for family lawyers arising from the Jackson reforms.

Full article: Family Law

Non-recognition of Bulgarian divorce under Brussels II

David Hodson discusses the case of Yordanova v Iordanov (2013) EWCA 464.

Full article: Family Law

s.7 and s.37 reports in children proceedings

This practice note looks at the way in which the court obtains objective evidence in children proceedings – by directing agencies to provide reports on the child and family at the centre of the dispute.

Full article: Family Law Hub

Marriage from the Eighteenth Century to the Twenty-First Century: Some reflections on Hyde v Hyde and Woodmansee (1866) LR 1 P&D 130

The Incorporated Council of Law Reporting Annual Lecture for 2013 given by Sir James Munby, President of the Family Division, on 25 April 2013 at the Law Society.

Full article: Family Law

“To Decide or not to Decide, that is the Question…” – the impact of R (H) v Kingston upon Hull City Council

Dave Phillips and Naomi Madderson, members of the child care team at 37 Park Square Chambers, consider the impact of a case in which a local authority which removed two children subject to an interim care order was judicially reviewed and in which the authors acted.

Full article: Family Law Week

Stare decisis does not apply where statute overrides

David Burrows looks at the cases of Re JG (a child by her guardian) v Legal Services Commission and ors (incl Law Society and Secretary of State for Justice) [2013] EWHC 804 (Admin) and R (on the application of T) v Legal Aid Agency & ors [2013] EWHC 960 (Admin).

Full article: Family Law

Samantha Bangham’s Week in Cases 3 May 2013

Samantha Bangham looks at the week's case highlights.

Full article: Family Law