3-person IVF approved by HFEA – what does this mean?

On 15 December 2016, the Human Fertilisation and Embryology Authority (HFEA) approved the use of a new medical technique, known as mitochondrial donation, at UK fertility clinics.

Full article: Family Law

Unfair marital agreements, chaos of EU law and unusual routes to fairness: DB v PB [2016] EWHC 3431 (Fam)

An  English High Court decision, reported late last week, has highlighted several  real jurisdictional obstacles to producing a straightforward and obvious fair  outcome.  The judge had to overcome the  'technical' obstacles presented by the EU Maintenance Regulation.

Full article: Family Law

Costs: Reassessing the Starting Point

Mark Ablett, pupil barrister, 1 Garden Court Family Law Chambers considers the perennial problem of high levels of costs in financial remedies cases and proposes a new approach to help mitigate the problem.

Full article: Family Law Week

A useful reminder that the decision of the court is not necessarily the objective truth: Adepoju v Akinola [2016] EWHC 3160 (Ch)

At its heart Adepoju v Akinola [2016] EWHC 3160 (Ch) was a simple probate case. However, the judgment also provides a useful reminder to litigants as to how the court decides a case.

Full article: Family Law

Deprivation of liberty in intensive care – the Court of Appeal decides

The Court of Appeal has this morning (26 January) handed down judgment in R (Ferreira) v HM Senior Coroner for Inner South London & Ors [2017] EWCA Civ 31.

Full article: Family Law

Prest, Iqbal and the judgment summons procedure

Procedure and proof in judgment summons and committal proceedings.

Full article: Family Law

The deprivation of a child’s liberty

The making of a secure accommodation order lies at the extreme end of the court’s powers. However, they are not uncommon.

Full article: Family Law

Sharing v needs: X v X (Application for a Financial Remedies Order) [2016] EWHC 1995 (Fam)

X v X illustrates the way in which high value cases can be approached and also the way in which competing arguments over the approach the court should take might be resolved.

Full article: Family Law

The FDAC trial for change – combining expert assessment and intervention during proceedings

Here we are going to describe one of the key differences between FDAC and ordinary care proceedings – the process of assessment and intervention that takes place within the court process.

Full article: Family Law

PSL Essential Update – View from the President’s Chambers and Review of Practice Direction 12J FPR 2010

The President of the Family Division has produced his 16th View from the President’s Chambers entitled ‘Children and vulnerable witnesses – where are we?’,  released in conjunction with a report from The Honourable Mr Justice Cobb reviewing and proposing a draft revised Practice Direction 12J FPR 2010 – Child Arrangement and Contact Orders: Domestic Violence and Harm.

Full article: Family Law

16th View from the President's Chambers: Children and vulnerable witnesses: where are we?

The related issues of how the family justice system accommodates the needs of children attending court to give evidence or to visit the judge, and the needs of vulnerable witnesses and parties, are amongst the most pressing we need to address. It is time for an update.

Full article: Family Law

The Law Commission Report: Enforcement of Family Financial Orders – Enforcement or Variation?

Joseph Rainer, barrister, Queen Elizabeth Building, analyses the implications of the Law Commission’s report Enforcement of Family Financial Orders.

Full article: Family Law Week

Further Practice Guidance from the President on Non-Molestation Orders

Following discussions with the Association of District Judges, the editors of the Red Book and others, the President of the Family Division has revised his Guidance, which was originally issued in 2014.

Full article: Family Law

Finance and Divorce Update, January 2017

Claire Molyneux, Senior Associate and Naomi Shelton, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during December 2016.

Full article: Family Law Week

Child Contact Interventions: An Underused Resource

Gabrielle Jan Posner, barrister of Trinity Chambers, Chelmsford, argues for the greater use of child contact interventions in appropriate circumstances.

Full article: Family Law Week

Non-matrimonial property and sharing: Scatliffe v Scatliffe [2016] UKPC 36

The Board dismissed a husband’s appeal from the Court of Appeal of the Eastern Caribbean Supreme Court (British Virgin Islands) but used the ‘ill-starred appeal’ to give guidance to the local courts on the treatment of non-matrimonial property in applications for ancillary relief.

Full article: Family Law

Family: sharing foreign pensions on divorce

How will a significant change from established practice affect the court’s power to rule on foreign pensions?

Full article: Law Society Gazette

Lord Sumption and the Limits of the Law: Is the Human Rights Project Undemocratic and Elitist?

David Bedingfield, barrister of 4 Paper Buildings, considers the arguments in a debate of vital importance to family lawyers.

Full article: Family Law Week

Family proceedings: common law and vulnerable witnesses

Evidence of vulnerable witnesses in family proceedings: progress so far?

Full article: Family Law