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Family Law

The leading authority on all aspects of family law

Family Law , 15 AUG 2016

Family Law Newsletter: 15 August 2016

Family Law Newsletter: 15 August 2016
The Family Law newsletter provides you with all the latest news, judgments, articles and guidance to ensure you are up to date with the latest developments and their impact on practice.

News

14th View from the President’s Chambers: Care cases: Settlement conferences and the ‘tandem’ model
Sir James Munby, President of the Family Division
15 August 2016
The number of new care cases continues to rise, seemingly relentlessly. The reasons for the increase are little understood and are currently being investigated. We must however plan on the basis that there will continue to be significant increases.

New care applications received by Cafcass in July continue to rise
10 August 2016
Latest figures released by Cafcass reveal that new care applications received in July 2016 are continuing to rise and represent the highest ever number of applications for any one month.

Private law case received by Cafcass in July 2016 remain steady
10 August 2016
In July 2016, Cafcass received a total of 3,468 new private law cases. This has remained at a similar level as that seen in July 2015 (3,462).

New study from Cafcass explores the impact of radicalisation on front-line practice
10 August 2016
A new study from Cafcass, published in June 2016, investigates the impact radicalisation in its many forms is having on front-line family law practitioners, and the crucial nature of safeguarding skills when dealing with cases involving radicalisation.

Articles


14th View from the President’s Chambers: Care cases: Settlement conferences and the ‘tandem’ model
Sir James Munby, President of the Family Division
15 August 2016
The number of new care cases continues to rise, seemingly relentlessly. The reasons for the increase are little understood and are currently being investigated. We must however plan on the basis that there will continue to be significant increases.

The best interests of the child in the cultural setting
David Hodson OBE - @DMHodson
15 August 2016
How should the test of the best interests of the child be seen in the context of active support for the child's cultural heritage and upbringing? What happens if there is any conflict? How much should best interests outcomes be diminished or diluted to encourage cultural connections?

After Goddard: what the Child Abuse Inquiry must do next
Natasha Phillips - @SobukiRa
15 August 2016
While current and past child abuse inquiries around the world seem to take the challenges of such large investigations in their stride, the UK's Independent Inquiry into Child Sexual Abuse ('the Inquiry') continues to stumble on the starting block. The reasons for this have been in plain sight for some time - but will the Inquiry listen to reason before it's too late?

The illegality defence, trusts of land and the family lawyer
Christian Jowett - @dr_poca
10 August 2016
The consequences of a conspiracy to commit an offence of insider dealing concerning RBS shares might not be of obvious interest to a family property lawyer. But in Patel v Mirza [2016] UKSC 42, the Supreme Court held that the House of Lords' decision in the well-known domestic property case of Tinsley v Milligan [1994] 1 AC 340 should no longer be followed.

No presumption or right of a child to be brought up by their natural family
Laura Vickers
09 August 2016
You may be aware that the recent Court of Appeal case of Re W [2016] EWCA Civ 793 has been causing some head scratching among commentators. Article continues below...
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Judgments

PROPERTY: Butler and Another v Butler and Another [2016] EWHC 1793 (Ch)
Hearing Date: 20 July 2016
HHJ Simon Barker QC
Chancery Division
Rigorous analysis of power under section 188 of the Law of Property Act 1925.

ABDUCTION: GN v Poland (Application No 2171/14)
Hearing Date: 19 July 2016
European Court of Human Rights
The European Court of Human Rights found that there had been a breach of Art 8 of the European Convention.

Legislation & Guidance


Attendance of solicitors at local authority Children Act meetings
10 August 2016
The Law Society has issued an updated Practice Note on attendance of solicitors at local authority Children Act meetings. It is aimed at all solicitors who work in public law Children Act proceedings.

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