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Articles 2013

• Children: Private Law Update (December 2013)
  Articles (18/12/2013)
  Alex Verdan QC of 4 Paper Buildings considers a wide range of children private law issues which have recently come before the courts.
• Local Authority Focus - December 2013
  Articles (11/12/2013)
  Sally Gore, barrister of 14 Gray’s Inn Square, in the first of a series of updates for children lawyers and professionals, considers recent developments affecting the decision-making and procedures of local authority children’s services.
• Finance and Divorce December 2013 Update
  Articles (06/12/2013)
  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 November.
• Young v Young - An Analysis of the Judgment
  Articles (02/12/2013)
  Thomas Dudley, barrister, of 1 Garden Court Chambers provides a detailed guide to 'as complicated a financial remedies case as has been dealt with by the courts'
• Legal adventures in New Zealand: litigation lessons from the Kiwis
  Articles (29/11/2013)
  Byron James, barrister, 14 Grays Inn Square recounts some of his experiences of the New Zealand legal system
• Are the Alarm Bells Ringing? Identifying a potential Hague Convention case and responding appropriately
  Articles (22/11/2013)
  Mandeep Gill, associate solicitor with The International Family Law Group LLP, considers the recent cautionary reminder given by Mr Justice Bodey that all practitioners must be able to identify whether there are potential Hague Convention implications in any children case with an international element.
• W v Neath Port Talbot – Courts, Local Authorities and a Mexican Stand-off
  Articles (17/11/2013)
  Andrew Pack, care lawyer with Brighton and Hove City Council, considers the options for local authorities in the wake of the Court of Appeal’s landmark judgment in W (A Child) v Neath Port Talbot County Borough Council [2013] EWCA Civ 1227.
• Finance and Divorce November 2013 Update
  Articles (07/11/2013)
  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 October.
• Therapeutic Provision for Parents in Care Proceedings – who should be footing the bill?
  Articles (31/10/2013)
  Matthew Burman, barrister of St Albans Chambers explores the respective legal duties of the NHS and local authorities in securing the provision of psychotherapy for parents in care proceedings.
• Children: Public Law Update (October 2013)
  Articles (25/10/2013)
  John Tughan, barrister, of 4 Paper Buildings reviews important recent cases of which all public law practitioners ought to be aware.
• Mittal v. Mittal: English Family Courts Still Open for Business in the Wider World
  Articles (20/10/2013)
  Tim Amos QC and Duncan Brooks of Queen Elizabeth Building, counsel for the respondent, consider the issues and implications of the Court of Appeal's important judgment in Mittal v Mittal.
• Alcohol Testing - What are the options?
  Articles (20/10/2013)
  Julie Stather, barrister, of 42 Bedford Row and Farooq Ahmed, barrister, of 7 Bedford Row consider the advantages and disadvantages of the various methods available for alcohol testing.
• Judicial Window Dressing and Balance Sheets – Where is adoption post-Re B-S?
  Articles (11/10/2013)
  Andrew Pack, care lawyer with Brighton & Hove City Council, considers the effect on adoption of the Court of Appeal’s landmark judgment in Re B-S.
• Finance and Divorce October 2013 Update
  Articles (03/10/2013)
  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 September
• Changing a Child’s Name
  Articles (29/09/2013)
  Charlotte Proudman, barrister, provides legal guidance on applications to change a child’s name, whether forename or surname, during private law children proceedings.
• Time to Call a Halt – New Court of Appeal Guidance in Adoption Cases: Re B-S [2013] EWCA Civ 813
  Articles (26/09/2013)
  Alex Verdan QC of 4 Paper Buildings and Nicola Harries of Baxter Harries Solicitors draw lessons from new guidance in adoption cases, set out by the Court of Appeal in Re B-S in which they acted for the respondent.
• Court of Protection Update (September 2013)
  Articles (20/09/2013)
  Sally Bradley and Michael Edwards, barristers, 4 Paper Buildings, consider three important judgments of the Court of Protection.
• In the matter of A (Children) [2013] UKSC 60 – An Analysis
  Articles (18/09/2013)
  Alex Verdan QC, Jacqueline Renton and Michael Gration, all of 4 Paper Buildings, consider the significance and impact of the Supreme Court’s recent judgment in A (Children), in which they represented interveners Children and Families Across Borders.
• Finance and Divorce September 2013 Update
  Articles (11/09/2013)
  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 August.
• Changes to Child Maintenance
  Articles (03/09/2013)
  Anna Heenan, Solicitor at Gregg Latchams LLP explains the latest changes to the child support regime
• Expert Evidence - Another Chapter in a Continuing Story
  Articles (29/08/2013)
  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.
• Authorisation of Payments in International Commercial Surrogacy – A New Approach?
  Articles (22/08/2013)
  Ruth Cabeza, barrister, of Field Court Chambers considers two important judgments recently made by Mrs Justice Theis concerning payments under international commercial surrogacy agreements.
• Re B (A Child): Who Held What in the Supreme Court?
  Articles (16/08/2013)
  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.
• Children: Private Law update (August 2013)
  Articles (15/08/2013)
  Alex Verdan QC of 4 Paper Buildings considers several recent judgments in Children private law proceedings which provide practitioners with helpful guidance.
• Finance and Divorce August 2013 Update
  Articles (07/08/2013)
  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.
• Children: Public Law Update (July 2013)
  Articles (24/07/2013)
  John Tughan, barrister of 4 Paper Buildings, examines some important recent judgments of particular interest to public law children lawyers.
• Self-Help Disclosure - Imerman v Tchenguiz: from ‘cheat’s charter’ to ‘damp squib’? (Some guidance, at last, in UL v BK)
  Articles (18/07/2013)
  Andrzej Bojarski of 36 Bedford Row examines the law and the latest guidance relating to self help disclosure
• Effecting change in local family justice systems? Findings from the Cafcass Pre-Proceedings Pilot
  Articles (10/07/2013)
  Dr Karen Broadhurst of Manchester University explains the findings of a recently completed pilot involving family court advisers in public law pre-proceedings practice.
• Finance and Divorce July 2013 Update
  Articles (08/07/2013)
  Jessica Craigs, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in June.
• Divorcing a bankrupt, Part II: where insolvency law meets financial remedies
  Articles (28/06/2013)
  Henry Clayton of 4 Paper Buildings outlines the consequences where a party to financial remedy proceedings becomes bankrupt after the making of a final order
• Rule 25.1 and the President's Guidance in H-L - A 'necessary' evil?
  Articles (23/06/2013)
  Christopher Rank, barrister, of Cornwall Street Chambers considers expert evidence, rule 25.1 of the FPR and The President’s recent guidance in Re H-L (A Child)
• Children: Private Law update (May 2013)
  Articles (19/06/2013)
  Alex Verdan QC of 4 Paper Buildings considers several recent judgments in Children private law proceedings which provide practitioners with helpful guidance.
• Re B (A Child) – Social Engineering or Proportionate Response to Risk of Future Harm?
  Articles (16/06/2013)
  Janet Bazley QC and Eleri Jones of 1 Garden Court consider the Supreme Court’s decision in Re B (A Child) [2013] UKSC 22
• Stripping Away the Veil of Deceit: Prest v Petrodel
  Articles (14/06/2013)
  John Wilson QC of 1 Hare Court analyses the Supreme Court’s judgment in the landmark case of Prest v Petrodel and considers its implications for family lawyers.
• Care Proceedings: the Operation and Effect of Pre-Proceedings – What do lawyers need to know?
  Articles (13/06/2013)
  Professor Judith Masson, School of Law University of Bristol, and Dr Jonathan Dickens, Centre for Research on Children and Families, University of East Anglia, explain the lessons learned for future practice from research conducted into the use of the pre-proceedings process in care cases.
• Finance and Divorce June 2013 update
  Articles (07/06/2013)
  Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in May
• The Revised Public Law Outline .... and this time they mean it
  Articles (04/06/2013)
  Andrew Pack, care lawyer with Brighton & Hove City Council, explains and comments on the changes made by the recently published Revised Public Law Outline.
• Vince v Wyatt: the FPR 2010 strikes back?
  Articles (29/05/2013)
  Sian Cox, barrister, Harcourt Chambers analyses the court’s power to strike out in family proceedings and considers in the light of the Court of Appeal judgment in Vince v Wyatt, the circumstances in which such applications may succeed
• Maintenance Pending Suit Revisited
  Articles (24/05/2013)
  Alexander Chandler of 1 King’s Bench Walk, Temple, London revisits and updates an article originally published in February 2010 in light of changes brought about by the Family Procedure Rules 2010.
• Psych versus Psych: A Diagnostic Dispute and the Implications for Expert Witnesses in Family Proceedings
  Articles (23/05/2013)
  William Tautz, barrister of Tooks Chambers, examines the fundamental challenge to psychiatric diagnosis recently announced by the British Psychological Association and explores its implications for the instruction and cross-examination of expert witnesses in a post-streamlined PLO world.
• What Place does Wardship have in Modern Family Proceedings?
  Articles (18/05/2013)
  Leanne Buckley-Thomson, barrister at 12 College Place, provides an overview of wardship and considers its usefulness in modern family proceedings.
• Good Intentions are Not Enough: Thompson v Hurst
  Articles (16/05/2013)
  Sheila Hamilton Macdonald, barrister, examines the implications of the Court of Appeal judgment in Thompson v Hurst; a cohabitee property dispute in which the property had been registered in the name of only one of the cohabitees
• Finance and Divorce May 2013 update
  Articles (12/05/2013)
  Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the April financial remedies and divorce news and cases
• The Existential Crisis of Set Aside Transactions under section 37 MCA 1973
  Articles (09/05/2013)
  Byron James, barrister, 14 Grays Inn Square considers the questions arising in relation to transactions set aside by s.37 MCA 1973 orders
• “To Decide or not to Decide, that is the Question…” – the impact of R (H) v Kingston upon Hull City Council
  Articles (06/05/2013)
  Dave Phillips and Naomi Madderson, members of the child care team at 37 Park Square Chambers, consider the impact of a case in which a local authority which removed two children subject to an interim care order was judicially reviewed and in which the authors acted.
• Child Support: Here Comes the New Gross Income Scheme
  Articles (26/04/2013)
  Jody Atkinson TEP, barrister at St John’s Chambers, Bristol considers the new Child Support Gross Income Scheme.
• Children: Public Law Update (April 2013)
  Articles (18/04/2013)
  John Tughan, barrister of 4 Paper Buildings, examines two important recent judgments: the Supreme Court's decision in J (Children) and the Court of Appeal's in M (A Child).
• Court of Protection Update (April 2013)
  Articles (12/04/2013)
  Sally Bradley and Michael Edwards, barristers at 4 Paper Buildings, look at recent decisions on capacity in the Court of Protection.
• “Bring it back” – Courts and care plans that are not working
  Articles (10/04/2013)
  Andrew Pack, care lawyer with Brighton & Hove City Council, examines the routes available to a local authority to return a case to court if the care plan goes awry.
• Finance and Divorce April 2013 update
  Articles (07/04/2013)
  Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the March financial remedies and divorce news and cases
• International Children Law Update: April 2013
  Articles (05/04/2013)
  Jacqueline Renton, Barrister of 4 Paper Buildings, reviews the latest key decisions in international children law.
• Before the Flood? The 1996 Hague Convention in the English Courts
  Articles (27/03/2013)
  Duncan Ranton, Solicitor and Consultant with Bishop & Sewell LLP, considers the impact of the 1996 Hague Convention and the first judgment in the English courts to consider the treaty.
• Funding Family Proceedings: The New Law
  Articles (27/03/2013)
  Rhys Taylor, barrister of Thirty Park Place Chambers, considers the likely impact of Legal Services Order applications under sections 22ZA and 22ZB Matrimonial Causes Act 1973.
• Human Rights and Family Law Spring Update 2013
  Articles (22/03/2013)
  Deirdre Fottrell, barrister of Coram Chambers, reviews recent cases involving human rights issues which are of significance to family lawyers.
• Family Law Week’s Budget Briefing 2013
  Articles (20/03/2013)
  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 practitioners.
• Facilitating the Return of Abducted Children - The judgment of the European Court of Human Rights
  Articles (18/03/2013)
  Esther Lieu, a Pupil at Coram Chambers, and Adam Weiss, Legal Director, The AIRE Centre, explain the ECtHR's recent decision in Raw v France which considered, amongst other matters, the enforcement of court orders and the circumstances in which a parent could represent their children in Strasbourg proceedings.
• The Cost of Care……The position following the Tower Hamlets decision
  Articles (17/03/2013)
  Jacqui Thomas, barrister of 37 Park Square Chambers, Leeds, considers the implications of the recent Tower Hamlets judgment for the cost of kinship care.
• Finance and Divorce March 2013 Update
  Articles (05/03/2013)
  Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse February’s financial remedies and divorce news and cases.
• “Can’t We Make the Local Authority Pay for It?”
  Articles (02/03/2013)
  Andrew Pack, care lawyer with Brighton & Hove City Council, considers the court’s powers to compel a local authority to meet the costs of a particular action.
• Burial of a Child’s Remains – resolving parental disputes
  Articles (28/02/2013)
  Maeve O’Rourke, pupil barrister, of 4 Paper Buildings and Gwen Williams, Partner, Goodman Ray offer advice where parents are in dispute over where or how to dispose of their child’s remains.
• Swimming in the Pool: relevant factors to satisfy the threshold criteria after the Supreme Court's judgment in J (Children)
  Articles (25/02/2013)
  Ben Boucher-Giles of Fountain Chambers considers the Supreme Court’s judgment in J (Children) and considers how it fits into the wider picture of findings as they relate to threshold.
• When Can Judges Change Their Minds? The Supreme Court’s judgment in L and B (Children)
  Articles (22/02/2013)
  Martha Gray, barrister at 42 Bedford Row, considers whether and in what circumstances a judge who has announced her decision is entitled to change her mind, particularly in the context of fact-finding hearings in care proceedings, in the light of the Supreme Court’s recent judgment.
• Children: Private Law Update: February 2013
  Articles (13/02/2013)
  Alex Verdan QC of 4 Paper Buildings considers three important recent judgments in Children private law proceedings
• The Children and Families Bill – what private children lawyers need to know
  Articles (13/02/2013)
  Piers Pressdee QC, of 29 Bedford Row, examines the private children law provisions of the newly introduced Children and Families Bill
• Does VTB v Nutritek foreshadow the Supreme Court’s approach to the Petrodel appeal on piercing the corporate veil?
  Articles (11/02/2013)
  Emily Marshall, family law professional support lawyer at Irwin Mitchell considers the possible implications of the Supreme Court’s decision in a commercial case on the forthcoming appeal in the Petrodel appeal, to be heard in March.
• Finance and Divorce January 2013 Update
  Articles (07/02/2013)
  Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse December’s financial remedies and divorce news and cases.
• Private Criminal Prosecutions in Financial Remedies Cases
  Articles (06/02/2013)
  Andrzej Bojarski, Kate Tompkins and Cameron Crowe, barristers at 36 Bedford Row, combine their expertise in unravelling complex financial arrangements on divorce and prosecuting serious crimes to consider whether the criminal courts might offer opportunities for a spouse in an exceptional case when all conventional options in the family courts have been exhausted.
• Undue Influence in the Family - A 2013 Update
  Articles (01/02/2013)
  Luke Barnes, barrister at Three Dr Johnson’s Buildings, examines the issue of undue influence in family matters.
• Children: Public Law Update (January 2013)
  Articles (21/01/2013)
  John Tughan, barrister, 4 Paper Buildings, considers some recent important public law decisions of the Supreme Court, Court of Appeal and High Court relating to children.
• Religious Marriages: Staying a decree absolute in order to increase the chances of obtaining a religious divorce
  Articles (17/01/2013)
  Charlotte Proudman, barrister, provides legal guidance on the Matrimonial Causes Act 1973, Section 10A, used in religious marital cases to speed up the process of obtaining religious divorces.
• Child Maintenance Assessments: Self-employed non-resident parents beware!
  Articles (14/01/2013)
  Byron James, barrister, 14 Gray’s Inn Square, considers the issue of a child support officer’s unfettered discretion in child maintenance assessments of self-employed non-resident parents.
• A Second Bite at the Cherry..? Applying for a Rehearing in Family Proceedings
  Articles (08/01/2013)
  Rodney Noon, solicitor, looks at the scope for bringing a family law case back before the first instance court and asking it to ‘think again’.
• Finance and Divorce January Update
  Articles (04/01/2013)
  Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse December’s financial remedies and divorce news and cases.