Home > Articles > 2014 archive
- Using the Inherent Jurisdiction to Disrupt Child Sexual Exploitation
Heather Popley, barrister of No 5 Chambers, examines the innovative use of civil injunctions in the recent Birmingham case.
- E-Bundling – How Soon is Now?
Gawain Williams, Solicitor with Carmarthenshire County Council, describes the benefits of E-bundling as demonstrated by a project established for care proceedings in South West Wales.
- Representing Transgendered Clients - a guide for family lawyers
Lyndsey Sambrooks-Wright, barrister of 2 Dr Johnson's Buildings, offers a guide to the Gender Recognition Act 2004.
- Finance & Divorce Update December 2014
Jessica Craigs, senior solicitor of Mills & Reeve LLP analyses the financial remedies and divorce news and cases published by Family Law Week during November
- Ascertaining Children’s Wishes and Feelings
Paul Bishop, an independent social worker and formerly a Children’s Guardian, draws on 20 years’ experience of interviewing children involved in family proceedings.
- Non-accidental Injury and Re-balancing the Burden of Proof
Dr John Fox, barrister of Lamb Building, reviews some recent cases which may suggest a re-consideration of the burden of proof in cases of alleged non-accidental injury.
- Family Mediation – Boom or Bust?
Amina Somers, Head of Family Mediation at Goodman Ray, asks what can be done to increase the take-up of family mediation.
- The Devil in the Detail: The Court Bundles Practice Direction and J v J  EWHC 3654
Alexander Chandler, barrister at 1 King’s Bench Walk considers the Implications of the Court Bundles Practice Direction in the light of Mostyn J’s judgment in J v J  EWHC 3654
- Motivate to Mediate – The Carrot and the Stick
Annmarie Carvalho, Associate and Family Mediator with Farrer & Co LLP, examines two recent High Court cases which illustrate the court’s powers to ‘encourage’ parties into mediation.
- Finance & Divorce Update November 2014
Jessica Craigs, senior solicitor of Mills & Reeve LLP analyses the financial remedies and divorce news and cases published by Family Law Week during October
- Post-Adoption Contact: All Change or More of the Same?
Lance Dodgson, barrister of Bank House Chambers, considers the changes concerning post-adoption contact made by the Children and Families Act 2014 and asks what effect they will have in practice.
- Domestic Violence Prevention and Punishment - A Multi-faceted Approach
Syvil Lloyd Morris, Director of Famil Law at Bastian Lloyd Morris Solicitor Advocates, considers the developing interrelationship between the criminal and family jurisdictions in relation to cases of domestic violence.
- Children Public Law Update (November 2014)
John Tughan, barrister, of 4 Paper Buildings reviews recent important judgments in public law children cases.
- Family Drug and Alcohol Court: Practitioners’ and Judge’s Perspectives
Sarah Jennings & Esther Lieu, 3PB, with District Judge Julie Exton look at the Family Drug and Alcohol Court.
- The New Standards for Expert Witnesses
Louise McCallum, Barrister at Zenith Chambers, Leeds looks at the new national standards for family court experts, introduced by Practice Direction 25B.
- Local Authority Focus - October 2014
Sally Gore, barrister of Fenners Chambers, looks at recent developments of significance to local authorities.
- Transgendered Parents and Private Law Children Proceedings
Lyndsey Sambrooks-Wright, barrister of 2 Dr Johnson's Buildings, considers issues arising in private law children proceedings when one parent undergoes gender reassignment.
- Finance & Divorce Update October 2014
Jessica Craigs, senior solicitor of Mills & Reeve LLP analyses the financial remedies and divorce news and cases published by Family Law Week during September
- The Children Act – Ian McEwan: a review
Sarah E Green, solicitor at TLT, reviews Ian McEwan’s latest novel which concerns a High Court judge in the Family Division
- Children: Private Law Update (September 2014 )
Alex Verdan QC of 4 Paper Buildings considers recent judgments in private law children cases, including the President's judgment on legal aid funding in Q v Q.
- Care Proceedings and the European Dimension: Article 15 Transfers
Michael Jones, barrister of 15 Winckley Square, considers recent developments in respect of care proceedings involving another European state.
- Domestic Violence Update – the latest developments practitioners need to know about
Mandip Ghai, solicitor and legal officer, with Rights of Women, updates practitioners on developments in the prevention of domestic violence.
- Finance & Divorce Update September 2014
Jessica Craigs, senior solicitor and Amy Starnes solicitor, both of Mills & Reeve LLP analyse the financial remedies and divorce news and cases published by Family Law Week in August
- Surrogacy Law Update (September 2014)
In this inaugural surrogacy update, Andrew Powell, barrister, of 4 Paper Buildings reviews recent judgments in the High Court.
- Compensation in Financial Remedies Cases – Parthian Shots and The Emperor’s New Clothes
Joshua Viney of 1 Hare Court and Matthew Brunsdon-Tully of 1 Hare Court and St John’s Chambers examine the issue of compensation in spousal maintenance claims
- Financial Remedies Working Group Report - A Summary
Jacqui Thomas, barrister, 37 Park Chambers, summarises the recommendations of the Financial Remedies Working Group.
- Court of Protection Update (August 2014)
In this update Sally Bradley and Julia Townend, barristers of 4 Paper Buildings, focus on developments in the law concerning capacity to consent to sexual relations.
- Ordinary Residence: Can the ‘Shah test’ survive after Re A and the Cornwall Council case?
Jennifer Perrins, barrister of 1 King’s Bench Walk, and Amy Rowe, associate solicitor with Bindmans LLP, consider whether the test of ordinary residence is distinctive from that of habitual residence.
- Finance & Divorce Update August 2014
Jessica Craigs, senior solicitor with Mills & Reeve LLP analyses the financial remedies and divorce news and cases published in July
- Revisiting Habitual Residence – The Court of Appeal Decision in Re H
Deirdre Fottrell, Barrister of One Garden Court, considers the parameters of habitual residence and jurisdiction in the light of Re H (Jurisdiction)  EWCA Civ 1101.
- When is Same-Sex Parenting a Private Fostering Arrangement?
Kate Tompkins, barrister, of 36 Bedford Row considers the implications of private fostering arrangements in respect of children born to same-sex couples.
- Reviewing Findings of Fact in Care Proceedings
Jennifer Kotilaine, barrister, of 42 Bedford Row considers the President’s endorsement of the three-stage test in Re ZZ  EWFC 9.
- Children: Public Law Update (July 2014)
John Tughan, barrister, of 4 Paper Buildings reviews recent important judgments in public law children cases.
- Applications Without Notice: A Practitioner’s Guide
Rodney Noon, solicitor, provides a detailed review of the law and practice of – and the court’s attitude to – without notice applications in family proceedings.
- Local Authority Focus – July 2014
Sally Gore, barrister, of Fenners Chambers considers recent case law and other developments of particular significance to local authorities.
- Finance and Divorce July 2014 Update
Jessica Craigs, senior solicitor at Mills & Reeve LLP, reviews the latest developments and judgments relating to marriage, divorce and financial remedies.
- Care Orders and Home Placements: removal and the public funding conundrum
Michael Jones, barrister, of 15 Winckley Square Chambers
considers the lessons to be learned from Re DE (A Child) when care plans provide for placements at home with the family.
- Insults and Injuries; the court’s approach to personal injury damages in financial remedy proceedings
Pranjal Shrotri barrister, 36 Bedford Row, considers how personal injury claim awards are likely to be treated by the court in distribution of assets between divorcing parties
- Unintended consequences of family justice reform
Byron James, barrister, Fourteen considers some of the less publicised consequences of the reform of the family justice system
- Criminalising Forced Marriage – The Deterrent Effect
Danish Ameen, barrister of 18 St John Street Chambers, considers the impact of the criminalisation of forced marriage which came into effect on the 16th June 2014.
- Children: Private Law Update (June 2014)
Alex Verdan QC of 4 Paper Buildings considers recent judgment in private law children cases.
- Female Genital Mutilation: Protection v Punishment
In anticipation of the Commons Home Affairs Select Committee's report into FGM, Melanie Hepworth, Solicitor at Covent Garden Family Law, calls for greater awareness of the violence threatened to thousands of girls in the UK.
- Can A Consent Order Be Set Aside In Financial Proceedings?
In the light of TF v PJ  EWHC 1780 (Fam), Francis Wilkinson, barrister of Field Court Chambers, asks whether an application to set aside is permissible where there has been a change of circumstances which undermines the basis of a consent order – and suggests an answer.
- Finance and Divorce June 2014 Update
Jessica Craigs, senior solicitor, and David Salter, Joint Head of Family Law, both of Mills & Reeve LLP, analyse the financial remedies and divorce news and cases published in May.
- Analysis Post-Re B-S: The Fallacy of ‘Better than Good Enough Care’
Paul Hart, barrister, 15 Winckley Square Chambers, considers whether the courts are asking the right question when determining the capability of parents to care for their children.
- Should There Be a Third Standard of Proof in Care Cases?
Simon Goddard, solicitor, Red Kite Law, questions whether the balance of probabilities is the appropriate standard of proof in all care proceedings.
- Chai v Peng: Shifting the Jurisdictional Goalposts Once the Forum Dispute Match Has Started
Michael Allum, Solicitor, The International Family Law Group LLP, considers the implications upon jurisdictional disputes of the judgment in Chai v Peng.
- When Patience Pays – Adjourning Claims for Financial Relief
Claire Reid, senior associate with Slater & Gordon examines the circumstances in which the court may adjourn a financial remedies claim.
- "Whose Fault is it Anyway?": Reform of Divorce
Joshua Viney, pupil, and Richard Sear, barrister, both of 1 Hare Court, examine the issue of divorce reform following the President’s recent speech.
- Re B-S and the Perils of the ‘Balance Sheet’ Approach
Michael Jones, barrister, 15 Winckley Square Chambers, considers the response of local authorities to the requirements imposed by Re B-S and later cases.
- Nuptial Agreements: Limiting the Family Lawyer’s Exposure to Negligence Claims
The authors consider whether family lawyers are assuming unlimited liability when advising upon or drafting nuptial agreements and look at the practicalities of limiting that liability.
- The Serial Removal of Children from Young Mothers – is this right?
Maureen N Obi-Ezekpazu, FRSA, Barrister and Mediator, Family Matters, asks what can be done to help the plight of young mothers who have had several children permanently removed.
- Finance and Divorce May 2014 Update
Jessica Craigs, senior solicitor, and David Salter, Joint Head of Family Law, both of Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in April.
- Terminating a Father’s Parental Responsibility: Preserving the legal status quo
Alex Verdan QC of 4 Paper Buildings and Saoirse Townshend of 36 Bedford Row analyse an important Court of Appeal judgment on termination of PR.
- Children: Public Law Update (May 2014)
John Tughan considers recent judgments in public law children cases, including the President's recent comments on the 26 week time limit and s 38(6) applications.
- Liars and Divorce Lawyers: can an OS/DS hearing help and a possible future for split hearings in financial remedies?
Byron James, barrister, Fourteen considers the utility of OS/DS hearings in the resolution of financial remedies disputes
- Clean Break Orders and Spousal Maintenance: where are we now?
Liz Cowell, principal lawyer with Slater & Gordon analyses the case law and trends emerging from case law regarding clean breaks and termination of spousal periodical payments orders
- The Child Arrangements Programme 2014: The Key Provisions
Louise McCallum, barrister at Zenith Chambers, Leeds, looks at the new Child Arrangements Programme that came into force on 22 April 2014.
- Children and Families Act 2014 – A Guide for Public Children Lawyers
Jennifer Kotilaine, barrister, of 42 Bedford Row explains the changes introduced by the Children and Families Act 2014 of most interest to public children lawyers.
- Bankers’ Bonuses – how the divorce capital of the world treats the rewards reaped from the financial capital of Europe
Lois Rogers, solicitor at Vardags, and Lily Mottahedan, barrister at 1 Hare Court, examine the court’s treatment of bonuses in financial remedy claims in light of the recent decision of Mrs Justice Eleanor King in H v W  EWHC 4105 (Fam) and pre-existing case law.
- Is Time Running Out For Section 20 of The Children Act?
Julie Stather, barrister of 42 Bedford Row, examines the recent use of section 20 and considers its future in the light of the impending 26 week limit for care proceedings.
- A Family Justice System Fit for Families
Justice Minister Simon Hughes MP welcomes the family justice changes which come into force on the 22nd April.
- Finance and Divorce April 2014 Update
Jessica Craigs, senior solicitor, and David Salter, Joint Head of Family Law, both of Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in March.
- “Please Sir I Want Some More”
Sarah Lucy Cooper, barrister of Thomas More Chambers, examines the law on anti-suit injunctions and their role in financial remedies cases where one party seeks to pursue claims in another jurisdiction despite a final order having been made in this jurisdiction.
- Local Authority Focus – Families with No Recourse to Public Funding and Part III of the Children Act
Sally Gore, barrister of Fourteen, considers a pressing concern of local authorities and immigrant families: the duties owed under Part III of the Children Act 1989 to individuals who have no recourse to public funding.
- Pre-acquired Assets – a new approach?
Liz Cowell and Abigail Lowther both of Slater & Gordon analyse the case law to see whether any general principles can be identified as to how the court will deal with pre-acquired assets in financial remedies cases.
- Care Proceedings: Who is Best Placed to Provide Best Evidence?
Eleanor Battie, barrister of Crown Office Row, Brighton, asks whether the demand for speed in care proceedings is at the cost of best expert evidence.
- Habitual Residence - Habitual Problems
Joshua Viney, pupil at 1 Hare Court, considers the implications of the Court of Appeal judgment in Tan v Choy and the ongoing debate concerning the fifth indent of Article 3 of Brussels IIR.
- "With this diode, I thee wed”: Marrying robots and what this tells us about 21st century marriage
Janet Bettle, Barrister, Trinity Chambers, Chelmsford and Jonathan Herring, Professor of Law, Exeter College, University of Oxford examine the nature of marriage and how it may evolve.
- Care Proceedings: The European Dimension
Michael Jones, barrister of 15 Winckley Square Chambers, offers a guide to practitioners conducting care proceedings involving families with European origins.
- Family Law Week’s Budget Briefing 2014
Jan Ellis, chartered accountant, of Ellis Foster LLP, a firm which specialises in advising family lawyers on tax-related family law issues, explains the budget changes of most relevance to family lawyers.
- The Children and Families Act 2014 – Private Law Proceedings: what practitioners need to know
Anna Heenan, solicitor with Gregg Latchams LLP in Bristol, examines the new statutory provisions in respect of MIAMs, continued parental involvement and child arrangement orders.
- Funding Family Proceedings and Legal Services Orders
Tony Ward, Family Law barrister with 3PB analyses the latest case law relating to Legal Services Orders under s.22ZA MCA 1973
- Child Support – What Is Going On?
Jody Atkinson TEP, barrister at St John's Chambers, Bristol, considers the ongoing changes to the Child Support Act system
- From "Shaken Baby Syndrome" to "Non-Accidental Head Injury" – The Continuing Research and the Law
David Bedingfield of 4 Paper Buildings charts the recent history of scientific research into serious non-accidental head injuries suffered by babies and the response of the family and criminal courts in England and Wales.
- Reporting Restrictions and the New Transparency - Part 3
In the final part of her article reviewing reporting restriction orders and the new transparency Mary Lazarus, barrister of 42 Bedford Row, considers in detail the President's recent guidance on transparency in the family courts.
- Finance and Divorce March 2014 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 February
- Reporting Restrictions and the New Transparency - Part 2
In the second part of her article reviewing reporting restriction orders and the new transparency Mary Lazarus, barrister of 42 Bedford Row, considers those cases involving aggrieved parties and cases with international implications.
- The Termination of Parental Responsibility: Awaiting the Court of Appeal's Judgment in the Appeal of CW v SG  EWHC 854 (Fam)
Esther Lieu, barrister of Queen Square Chambers in Bristol, explores the circumstances in which parental responsibility may be terminated and considers the effect of s.4(2A) in anticipation of the Court of Appeal's judgment in the appeal from CW v SG.
- Fraudulent non-disclosure: the latest Chapter
Sarah Foreman, a solicitor at Vardags, analyses the Court of Appeal judgment in Sharland v. Sharland
- Reporting Restrictions and the New Transparency - Part 1
This is the first part of a three-part article by Mary Lazarus, barrister of 42 Bedford Row, reviewing recent developments concerning reporting restriction orders and transparency in the family courts. In this first part Mary considers some procedural issues before concentrating on those cases involving clashes between the need for privacy and the desire to report issues of genuine public interest.
- The Law Commission’s Report on Matrimonial Property, Needs and Agreements
Spencer Clarke, Lawyer in the Property, Family and Trust Law Team at the Law Commission considers the Key recommendations of the Law Commission’s Report on Matrimonial, Property, Needs and Agreements
- International Children Law Update: February 2014
Jacqueline Renton, barrister of 4 Paper Buildings, reviews the latest key decisions in international children law.
- Split Hearings in Care Proceedings: a Thing of the Past?
Michael Jones, barrister of 15 Winckley Square Chambers, reviews the recent Court of Appeal judgment in S (A Child)  EWCA Civ 25 and considers its likely consequences.
- Court of Protection Update: February 2014
Sally Bradley and Michael Edwards, barristers of 4 Paper Buildings, consider the President's guidance on transparency in the Court of Protection as well as the most important recent judgments.
- Asaad v Kurter: The latest round in ‘non-marriage’ cases - is the tide turning?
Lily Mottahedan, barrister at 1 Hare Court, examines the court’s approach in determining whether a marriage was a ‘non-marriage or a ‘void’ or ‘valid’ in the recent High Court judgment in Asaad v Kurter  EWHC 3852 (Fam)
- When Best Interests Collide: A Protected Party, Protected Party’s Children and the Court of Protection
Sarah Phillimore, barrister of St John's Chambers, Bristol, and Daniela Nickols, associate solicitor with Mowbray Woodwards, analyse the recent case of X,Y, and Z  EWHC 87 (COP) in which the Court of Protection considered the interplay between the best interests of a protected party and that party's children.
- Prenuptial Agreements Latest Caselaw: Pandora’s Box Stays Closed… at least for now
Sarah Foreman, a solicitor at Vardags, considers a recent case in which the wife failed in her challenge of a pre-nup entered into with her wealthy husband in respect of MPS and costs allowance.
- Finance and Divorce February 2014 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 January
- Surrogacy: A Guide to the Current Law (Part 2) - Issues Arising
In the second of two articles providing an introduction to surrogacy law, Bianca Jackson, a pupil barrister at Coram Chambers, considers the main issues arising from the current legislation.
- Children: Public Law Update (January 2014)
John Tughan, barrister of 4 Paper Buildings, analyses recent judgments in public law children cases and, in particular, the Re B-S line of authorities.
- Surrogacy: A Guide to the Current Law (Part 1)
In the first of two articles providing an introduction to surrogacy law, Bianca Jackson, a pupil barrister at Coram Chambers, considers the key statutes and regulations underpinning this growing area of family law practice.
- Habitual Residence and Joinder in Child Abduction Cases: The Supreme Court's judgment in LC (Children)
Katy Chokowry, barrister of 1 King's Bench Walk, considers the Supreme Court's judgment in LC (Children).
- Finance and Divorce January 2014 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 December.