Expert Evidence - Another Chapter in a Continuing Story

David Bedingfield, barrister at 4 Paper Buildings, sets the latest reforms relating to expert evidence in their historical context and considers the dilemmas which expert evidence has long presented to the courts.

Full article: Family Law Week

Judicial review, declarations and the accommodated child

The inability of the courts to provide a unified system of family justice is highlighted by Redcar and Cleveland Borough Council v Others (Re B) [2013] EWCA Civ 964.

Full article: Family Law

Authorisation of Payments in International Commercial Surrogacy – A New Approach?

Ruth Cabeza, barrister, of Field Court Chambers considers two important judgments recently made by Mrs Justice Theis concerning payments under international commercial surrogacy agreements.

Full article: Family Law Week

Re B (A Child): Who Held What in the Supreme Court?

Frank Feehan QC and Anna McKenna who appeared for the appellant in the Supreme Court and Justin Leslie offer a tabular summary of the findings of the individual Justices on key issues in the appeal.

Full article: Family Law Week

Children: Private Law update (August 2013)

Alex Verdan QC of 4 Paper Buildings considers several recent judgments in Children private law proceedings which provide practitioners with helpful guidance.

Full article: Family Law Week

View from the President's Chambers 5

The process of reform : London.

Full article: FLBA (PDF)

Judicial review – guidance on foster care allowances for family members

R (X) v London Borough of Tower Hamlets [2013] EWCA Civ 904 raises the specific question of a council's power to fix foster carer allowances and fees; and more generally the extent to which a public body may diverge from guidance issued by the relevant minister.

Full article: Family Law

Mediation: reasonable growth

The government is introducing measures which it says will take pressure off the courts and tribunals, and in the case of family law disputes fill the gap left by cuts to legal aid. But many practitioners say the policies have not been properly thought through – and may actually hinder the use of mediation.

Full article: Law Society Gazette

Full pleading of a claimant’s case; and detrimental reliance

"Smith v Bottomley and Coach House Properties Ltd [2013] EWCA Civ 953 is an object lesson in penalties for parties for inadequate pleading; and (perhaps) reminds family lawyers of the strict application of rules as to implied trusts - especially in relation to detrimental reliance to establish a constructive trust." Says David Burrows.

Full article: Family Law

Finance and Divorce August 2013 Update

Jessica Craigs, senior solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in July.

Full article: Family Law Week

Kinship foster carers’ allowances

On 24 July 2013 the Court of Appeal handed down a landmark decision for kinship foster carers, confirming that they should not be paid less than unrelated foster carers simply on the basis of a familial relationship.

Full article: Law Society Gazette

Samantha Bangham’s Week in Cases 2 August 2013

Samantha Bangham looks at the week's case highlights.

Full article: Family Law

Disclosure, discovery: the rules and common law

"The recently published Imerman v Imerman [2012] EWHC 4047 (Fam), Moylan J does not reflect well on the breadth of Family Procedure Rules 2010; and shows how FPR 2010 leave much to a practitioner's interpretation of the common law." Says David Burrows.

Full article: Family Law