Foolscap on the hill

Re L (A child) 2015.

Full post: suesspiciousminds

Few pension sharing orders: let’s blame the lawyers?

Minister of State (Department for Work and Pensions) Steve Webb, had a few things to say about pensions recently. Some of them were aimed at divorce lawyers.

Full post: Family Law Blog

President of Family Division inveighs against social engineering in adoption proceedings

In a scathing judgment, the president of the Family Division has condemned as “social engineering” a local authority’s application to remove a baby boy permanently from the care of his father and place him for adoption.

Full post: UK Human Rights Blog

Leave to revoke a Placement Order, successful appeal

Re G (a child) 2015.

Full post: suesspiciousminds

High Court reaches 50:50 split decision

Leading financial judge Mr Justice Mostyn QC considered the issues of non-matrimonial wealth via inheritance, as well as wealth accumulated post-separation, in a newly published judgement.

Full post: Marilyn Stowe Blog

Family Court: Shreds And Patches To A New Rule Of Clarity And Family Law

As I go away for a week’s holiday I record a matter of real sadness to me: the lack of clarity and any underlying philosophy about where family law is going.

Full post: dbfamilylaw

A Simple Law For Privacy In Children Cases

MX v Dartford & Gravesham NHS Trust & Ors [2015] EWCA Civ 96 should be required reading for every court dealing with children proceedings; and many other forms of family proceedings as well.

Full post: dbfamilylaw

Tales of the unexpected

Mr Justice Mostyn, in dealing with an application for leave to oppose the making of an adoption order, raised a curious (and to my mind rather unique) point.

Full post: suesspiciousminds

Show Me The Primary Evidence

There are very real practical difficulties with the use of audio recordings in family proceedings.

Full post: Pink Tape

A tottering edifice built on inadequate foundations

The President’s decision in Re A (a child) 2015 in which the Court were asked to make a Care Order and Placement Order on a child who was not quite a year old, and refused to do so – even more significantly finding that the threshold criteria for making such orders were not made out, and castigating professionals for sloppy thinking and lack of rigour in their analysis of significant harm.

Full post: suesspiciousminds

Online dispute resolution: Can it work for family?

The expressed aim of the report, Online Dispute Resolution for low value civil claims by the Online Dispute Resolution Advisory Group is to broaden access to justice and seek to resolve small scale (up to £25,000) disputes more easily, quickly and cheaply.

Full post: dbfamilylaw

Legal aid in domestic violence cases: civil law vs. LASPO 2012

Is the domestic violence evidence gateway in the Civil Legal Aid (Procedure) Regulations 2012 ultra vires the Legal Aid, Sentencing and Punishment of Offenders Act 2012?

Full post: Halsbury's Law Exchange

Irremediably Broken Marriage, But No Divorce

The Court of Appeal in Lindner v Rawlins [2015] EWCA Civ 61.

Full post: dbfamilylaw

DNA sample taken for criminal purposes may not be used for paternity test

The Court of Appeal has ruled that it would not be lawful for DNA originally collected by the police to be used by a local authority for the purposes of a paternity test.

Full post: UK Human Rights Blog

Looks like I picked a bad day to give up not being a veracity assessor

Wigan BC v M (veracity assessments) 2015.

Full post: suesspiciousminds

'Not to be listed before Mr Justice Mostyn'

Judgment in Mann v Mann [2014] EWCA Civ 1674 in the Court of Appeal is dated 19 December 2014; but it is only in the last few days that it has had special press attention.

Full post: dbfamilylaw

A 'hostile' Mr Justice Mostyn, Mr Downe and litigants in person

The irritation of Mr Justice Mostyn in general, with litigants in person, and with a Mr Downe in particular, reverberates from his judgement in Bakir v Downe.

Full post: dbfamilylaw

Family legal aid and funding: January 2015

A fresh batch of legal aid and funding cases has appeared since mid-December last year; and of these the news is that the much publicised (by the President of the Family Division) parents in Re D (A Child), have a legal aid certificate.

Full post: ICLR

Unfortunate and woeful – Local Authority failings

Northamptonshire and DS 2014.

Full post: suesspiciousminds

From Bratislava to Llangefni

The President making a costs order against Capita for failure to provide a Slovak interpreter for a final hearing.

Full post: suesspiciousminds

Defying the Court of Protection – is there such a thing as committal in Court of Protection?

MSAM v MMAM 2015 is a Court of Protection case tackling something for the first time.

Full post: suesspiciousminds

Sentence first, verdict afterwards

Re S-W children 2015.

Full post: suesspiciousminds

“Lamentable”, “egregious” and “wholly indefensible”: High Court lambasts local authority’s conduct of care proceedings

A Family Division judge has awarded damages under the Human Rights Act against a local authority in what he described as an “unfortunate and woeful case” involving a baby taken into foster care.

Full post: UK Human Rights Blog

Appointment to the bench is not a licence for judges to be gratuitously rude to those appearing before them

The target of this barb was the case management style of HHJ Dodds.

Full post: UK Human Rights Blog