Home > Articles > 2008 archive
- ABE Interviews: Is the Child's ‘Best Evidence’ being achieved in alleged sexual abuse cases? (Part 1)
Brenda Robinson, a child forensic specialist, presents preliminary findings arising from her research into the practice and effectiveness of Achieving Best Evidence in child sexual abuse cases. This first part sets out the guidelines and components for ABE interviews. Part II, to be published in August, will assess how successfully these are applied in practice.
- ABE Interviews: Is the Child's ‘Best Evidence’ being achieved in alleged sexual abuse cases? (Part 2)
In the second part of her article, Brenda Robinson presents her findings of ABE interviews in practice.
- Adoption, Placement and Contact Orders after Re P: The Judgment and its implications
Mary Lane, an adoption law consultant, explains the effects of the recent decision in Re P on dual planning and post adoption contact in care and adoption proceedings.
- Adoption: Suitability, the Independent Review Mechanism [IRM] and financial support
Mary Lane looks at the lessons for adoption decision making arising from the recent case of R v Newham
- An Interview with John Hemming MP
David Chaplin, publisher of Family Law Week, met with controversial MP, John Hemming, to find out more about his campaign on family justice
- An Interview with Lord Justice Thorpe
Lord Justice Thorpe talks to David Chaplin, Publisher of Family Law Week, about his work as head of International Family Law and his thoughts on reform of the Matrimonial Causes Act
- Ancillary Relief and the Credit Crunch (Part 1)
Alexander Chandler, of 1 King's Bench Walk, examines the impact that the current market volatility and economic environment could have on ancillary relief proceedings. The article is in two parts. Part 2 will be published on 10 November.
- Ancillary Relief and the Credit Crunch (Part 2)
In this second part of an article examining the impact of the current market volatility and economic environment on ancillary relief proceedings, Alexander Chandler, of 1 King's Bench Walk, considers capitalisation of periodical payments, debts and bankruptcy.
- Ancillary Relief Update (August 2008)
Joanna Grandfield, barrister with Mills & Reeve, analyses the key ancillary relief cases from the past three months
- Ancillary Relief Update (December 2008)
Joanna Grandfield highlights the latest key cases in ancillary relief
- Ancillary Relief Update (January 2008)
Joanna Goodall, of Mills & Reeve, reviews the latest key cases in ancillary relief and beneficial interests.
- Ancillary Relief Update (May 2008)
Joanna Grandfield, of Mills & Reeve, rounds up the latest ancillary relief cases of interest
- Are we guilty of "Trial by Expert"?
John Fox, of Lamb Building, voices his view that social care experts, welfare officers and reporters are wielding too much influence in the family courts.
- Assessing Risk: A Report on the Family Justice Council Annual Seminar
Louise Scott, a pupil at 4 Brick Court, reports on the Family Justice Council's recent conference on risk assessment in family proceedings
- Can remarriage be a Barder event?
Alexander Chandler, of 1 King's Bench Walk, considers the recent decision in Dixon v Marchant which considered whether remarriage can be a Barder type event
- Child Maintenance and Other Payments Act 2008 - new enforcement provisions
David Burrows sets out the enforcement provisions now in force under the Child Maintenance and Other Payments Act 2008
- Child Maintenance and Other Payments Act 2008: An Introduction
David Burrows summarises the key changes to child maintenance introduced by the Child Maintenance & Other Payments Act 2008, which received Royal Assent in June 2008
- Children: Private Law Update (Autumn 2008)
John Tughan, barrister at 4 Paper Buildings, reviews the latest key cases in private children law proceedings
- Children: Private Law Update (February 2008)
John Tughan, of 4 Paper Buildings, reviews the latest key cases in private children law
- Children: Private Law Update (June 2008)
John Tughan, of 4 Paper Buildings, reviews the latest developments in private children law.
- Children: Public Law Update (April 2008)
Alex Verdan QC, of 4 Paper Buildings, reviews the key public law children cases from the last three months
- Children: Public Law Update (July 2008)
Alex Verdan QC, of 4 Paper Buildings, reviews the latest key decisions in public children law including the Lords decision in B (Children) concerning standards of proof in fact finding hearings
- Children: Public Law Update (October 2008)
Alex Verdan QC, reviews the latest key cases concerning care proceedings, adoption and placements. A supplement to this article covering recent cases on foreign adopters will be published shortly.
- Children: Public Law Update: Foreign Adoptions
Adoptions involving a foreign element have been the subject of several recent important cases. Alex Verdan QC of 4 Paper Buildings, in a supplement to his regular Public Law Update, reviews the cases and judicial thinking on the subject.
- Clean Breaks, Foreign Decrees & the MFPA
Byron James examines the use of the Matrimonial and Family Proceedings Act 1984 in achieving clean breaks on the basis of a foreign decree.
- Cohabitation Reform: The Scottish Experience
John Fotheringham, of Fyfe Ireland solicitors in Edinburgh, sets out the basics of the Scottish statutory scheme for cohabitation cases and highlights what English practitioners need to know.
- Compensation Employed As The New Contribution
Alexander Thorpe, of Queen Elizabeth Buildings, examines how the courts have handled the concept of compensation in recent ancillary relief cases.
- Compensation for Domestic Abuse after Singh v Bhakar
Singh v Bhakar has opened up potential new forms of redress for victims of domestic violence. Rodney Noon, solicitor, highlights the possibilities and the practical considerations of pursuing any compensation.
- Conflict and Family Litigation: Part 2 - The Role of Narrative
In the second of three articles examining conflict in matrimonial litigation Neil Denny, of Mogers Solicitors, looks at the role of narrative theory as a means of understanding the source of conflict
- Constructing an application to get a result in trusts
Byron James provides a family lawyer's guide to the procedure for making trusts of land claims under the CPR
- Developing International Family Justice: The role of the legal secretary to Lord Justice Thorpe
Delia Williams, legal secretary to Lord Justice Thorpe, provides an insight into their work developing co-operation in international family law
- Divorcio Expres!
Sarah Lucy Cooper, of Thomas More Chambers, sets out an introduction to Spanish divorce law for the English family lawyer
- Does family justice need Families Need Fathers?
David Chaplin, publisher of Family Law Week, met with the team at Families Need Fathers to discuss the recently published contact research and their current activities
- Domestic Violence: local authority duties and responsibilities
Johanne Enright, a family barrister, and Justin Bates, a housing barrister, suggest some novel ways in which the duties of social housing landlords can be used to protect victims of domestic violence.
- Embryology Law: A Specialist Area or a Trap for the Unwary?
Robert Stevens offers a short reminder of why family lawyers should take note of the HFEA and its successor currently going through Parliament.
- Equitable Accounting: Not Dead Yet
John Wilson, of 1 Hare Court, considers the impact of the recent case of Barcham on the uses of equitable accounting where an interest in the matrimonial home vests with trustees in bankruptcy.
- EU Law and English Family Law : Where do we now stand?
In a new series of regular updates on international family law, Tim Scott QC and Clare Renton of 29 Bedford Row review recent cases touching on the interaction of the English courts and EU regulations.
- EU Regulations and Children in English Family Law
Clare Renton, of 29 Bedford Row, reviews the operation of EU regulations affecting children and their interpretation in the English courts
- Everything You Thought You Knew About Part 36 Is Wrong
Mark Jones, of 3 Dr Johnson's Buildings, highlights the recent case of Carver v BAA and the impact it can have on costs in cohabitation or trusts of land claims under the CPR
- Family courts: privacy not secrecy
Victoria Jolliffe, a barrister at 5RB, provides a brief overview of the changes to reporting, disclosure and media access to the family courts announced by the MoJ in December 2008
- Funding Matrimonial Cases: Hints and Tips on using Fee Funding Loans
Catherine Jones, Head of Family at Pannone LLP, considers the pros and cons of using credit facilities to fund matrimonial litigation.
- Is there a Case to Answer? Speed, Detail and Re L Hearings
How much evidence should be heard when faced with allegations of domestic violence in family proceedings? Byron James, a barrister at Guildford Chambers, ponders the inherent tensions in balancing speed and detail in the light of the recent cases and the latest President's Direction.
- Judicial review and the family lawyer
David Burrows, solicitor advocate with David Burrows & Co, provides an introduction to judicial review procedure for family lawyers
- Leave to Remove: A Lawyer’s (all too personal) view
A commercial litigator presents a highly personal view of some perceived procedural and evidential flaws in leave to remove cases, borne out by his own experiences in successfully defending an application through the family courts.
- Oops! Privilege, confidentiality and the photocopier
John Wilson of 1 Hare Court discusses the situation that arises when one party accidentally discloses documents to which legal professional privilege attaches.
- Oxley v Hiscock Revisited: Part II - Quantifying The Interests
In the second part of his article on beneficial interests, Luke Barnes sets out how to quantify interests in the light of Oxley v Hiscock and Stack v Dowden.
- Oxley v Hiscock Revisited: Part I - Establishing the Interest
In the first of a two part article, Luke Barnes, of 3 Dr Johnson's Buildings, reviews the principles set out in Oxley v Hiscock in the light of the Lords' judgment in Stack v Dowden and analyses how they should be applied in establishing an interest. Part 2 of the article, concentrating on quantifying the interest, will be published in March 2008.
- Pre-Nuptial Agreements after Crossley v Crossley
Alexander Chandler, of 1 King's Bench Walk, provides tips and guidance on the use of pre-nuptial agreements after Crossley
- Publicity and the Family Courts: recent developments
Adam Wolanski, of 5RB, reviews recent cases concerning the attendance of the media in family proceedings
- Re B and the importance of the role and process of the adoption panel
Deborah Cullen analyses the guidance on the role and procedure for adoption panels set out in the recent Court of Appeal judgment in Re B
- Re B: The ‘Heightened Civil Standard’ Laid to Rest
Jo Delahunty and Alison Grief, of Garden Court Chambers, highlight the demise of the "heightened civil standard of evidence" in the wake of the recent Lords decision in Re B.
- Rehabilitation – A Postcode Lottery?
There has been recent controversy regarding claims by MP’s and national newspapers that babies are being removed unnecessarily from their parents in order to meet adoption targets. Although the author of this article does not subscribe to such a view the proposition is advanced that there is considerable variation in the approach of different local authorities to possible rehabilitation and the resources that they develop or devote to helping children return safely to their parents.
- Section 38(6) Assessments: The Rise and Fall – And Rise?
Cyrus Larizadeh, of 4 Paper Buildings, examines the impact of recent cases on the funding of s 38(6) assessments in care proceedings.
- Section 91(14) Orders - An Update
Rhiannon Davies, of New Walk Chambers, reviews the latest judicial thinking surrounding applications for s91(14) Children Act orders
- The Children and Young Persons Act 2008: A Guide
The Children and Young Persons Act 2008 received Royal Assent in November 2008 and makes changes to local authority duties for helping children in care. Here, solicitor Bik Wong summarises the key changes.
- The Forced Marriage (Civil Protection) Act 2007: A Snapshot
Bik Wong summarises the key measures due to be introduced by the Forced Marriage (Civil Protection) Act 2007
- The Interim Removal of Children from their Parents Updated: Emergency Protection Orders, Interim Care Orders, Re L & the Baby P Effect
Jacqui Gilliat, of 4 Brick Court and general editor of the Family Law Week blog, updates her article on the interim removal of children in the light of recent cases and developments such as Baby P.
- The McCartney Judgment: A summary and comments
Ashley Murray, of Oriel Chambers, summarises the lengthy judgment in McCartney and highlights the key points of interest for family lawyers.
- The new Pensions Bill: Some points for Family Lawyers
Steve Dixon, an actuary with Bradshaw Dixon & Moore, provides a short note highlighting the family law implications of the Pensions Bill currently progressing through Parliament
- Where does our client live? Habitual Residence and Residence under Brussels II (Revised) after Marinos
Nick Allen, of 29 Bedford Row, looks at the interpretation of habitual residence under Brussels II Revised following the recent judgment of Marinos v Marinos
- Who is a Parent? The Human Fertilisation & Embryology Act 2008
The Human Fertilisation Embryology Act 2008 received Royal Assent in November 2008. Here Robert Stevens explains the provisions relating to parentage that all family lawyers need to know about.
- Zeiderman, Conflict and Family Litigation
Neil Denny, of Mogers Solicitors, looks at handling conflict in matrimonial litigation using the example of the recent judgment in Zeiderman. This is the first of a series of three articles on the topic.