The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Family

Procedure – settlement conferences

New MoJ information and guidance for practitioners on the ongoing settlement conferences pilot and evaluation has been published. The aim of the pilot, supported by the President of the Family division, is to see if an inquisitorial approach can lead to appropriate outcomes for children and families.  

Subscribers only...
 

Procedure – children

Various provisions under the Children and Social Work Act 2017 (Commencement No. 1) Regulations 2017 are in force from 31 October 2017. Important amendments to legislation are made under Regulation 2 as follows:  

Subscribers only...
 

Financial remedies – variation of periodical payments

In this case, H was ordered to pay annual spousal periodical payments of £120,000 on a joint lives basis to W, to run from 1 November 2014. Three months after the order was made, H applied to vary the order. He also sought permission to appeal the final order, falling into arrears in the meantime. W filed an application for enforcement.  

Subscribers only...
 

Procedure – Ofsted

It is appropriate for judges to speak to Ofsted inspectors when discussing the ‘quality of the preparation of public law cases that the local authority brings before the family court’.

Subscribers only...
 

Child maintenance – fee guidance

The government has updated its guidance on Child maintenance application fee: exemptions for victims of domestic violence. Under the revised guidance, a victim witnessing their child being abused by a partner (or former partner or family member) is also now treated as a form of domestic violence.

Subscribers only...
 

Children – settlement conferences

Settlement conferences are being piloted by various designated family judges who adopt an inquisitorial approach to encourage co-operation between the parties. This collaborative approach is aimed at helping the parties reach an agreement that is in the children’s best interests.

Subscribers only...
 

Children – disposal of body

The high-profile ruling concerning the right of a 14-year-old to be cryogenically frozen followed a disagreement between her parents about their daughter’s wishes. In this case, the girl died from cancer before the ruling became public. She had made known her wishes to be frozen cryogenically, having researched the issue in detail.

Subscribers only...
 

Procedure – wards of court

FPR Practice Direction 12D, Interviewing Wards of Court, has been amended by the President following his recent judgment as to whether police/security service officers can interview a ward of court without prior approval of the wardship judge.

Subscribers only...
 

Jurisdiction – arbitration

A new international family law arbitration scheme to help families involved in multinational family disputes is live from 4 September 2017. An online questionnaire will first be completed by the parties so that all relevant facts for forum dispute can be obtained.

Subscribers only...
 

Care proceedings – leaving care plan

It was of critical importance that ‘leaving care’ planning for a very vulnerable 17-year-old girl should begin immediately. This was the fifth judgment of the President in various proceedings involving the girl. He endorsed the LA care plan for her, emphasising that she is entitled to enjoy all the benefits accruing to her as a ‘looked after’ child – both now and after she reaches 18.

Subscribers only...
 


Page 9 of 85

Most-read articles

Constructive trusts – property
Wednesday, 12 September 2018
The author gives a helpful analysis of a ruling following a claim to establish a constructive trust or proprietary estoppel in respect of a domestic property. The deceased died intestate while living... Read more...
Professional negligence – adjudication
Wednesday, 12 September 2018
The Professional Negligence Adjudication Scheme is run by the Professional Negligence Bar Association. It offers a voluntary ADR procedure, modelled on the adjudication system in construction... Read more...
Waste – L’s liability
Wednesday, 12 September 2018
Ls should be aware of the environmental enforcement obligations that may be incurred as a result of T’s activities. Read more...
Part 36 – late acceptance
Wednesday, 12 September 2018
If a Part 36 offer is accepted out of time (ie outside the 21 day period) in a low value protocol case, then what are the costs consequences? In particular, does late acceptance mean a liability to... Read more...
HMOs – new rules
Wednesday, 12 September 2018
The definition of house in multiple occupation (HMO) changes on 1 October 2018. The new definition covers properties occupied by five or more people, comprising two or more separate households. Read more...
Energy efficiency – reassessment by T?
Wednesday, 12 September 2018
The Energy Efficiency (MEES) Regs mean it is no longer possible to grant new leases to properties with an EPC of F or G. Moreover, existing lettings of F and G properties will become unlawful from... Read more...
Knotweed – nuisance
Wednesday, 12 September 2018
Last year, we had county court claims in Cardiff and Truro in which it was held that the encroachment of Japanese knotweed would be actionable as a ‘private nuisance’. The Cardiff cases have now... Read more...
Procedure – expert witnesses
Wednesday, 12 September 2018
Expert witnesses must comply with court rules and related guidance appropriate to their area of expertise. New guidance for paediatric expert witnesses in family proceedings has now been issued. Read more...
Self-employed – or worker?
Wednesday, 12 September 2018
The Pimlico Plumbers case was seen as a victory for workers in the gig economy, with the Supreme Court looking at the reality of the relationship (rather than the legal labels attached). So, what... Read more...
Offences – mens rea
Wednesday, 12 September 2018
This was a pre-trial appeal of a ruling at a preparatory hearing. The two appellants (A) faced charges under s17 Terrorism Act 2000 of sending money overseas, or arranging to do so, knowing or having... Read more...

Resources

IAG International
www.totallylegal.com
In House Lawyer
Join the IBA now!
MSI Global Alliance