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Family Law

The leading authority on all aspects of family law

Family Law , 04 JUL 2016

Family Law newsletter: 4 July 2016

Family Law newsletter: 4 July 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

Average time for disposal of care or supervision applications made in last quarter
01 July 2016
The Ministry of Justice has published court statistics showing the average time for the disposal of a care or supervision application made in January to March 2016 was 28 weeks.

Divorce centres: Further progress report on Bury St Edmunds Divorce Centre – Law Society Family Section Seminar
01 July 2016
We have now reached first anniversary of the Bury St Edmunds Divorce Centre (BSE). In the wake of that, Resolution has stated that divorce centres are, in the words of its chair, Nigel Shepherd, 'under significant strain', suggesting that the number of divorce petitions has far exceeded the levels that were anticipated or planned for.

Family Justice Council publishes Guidance on 'Financial Needs' on Divorce
01 July 2016
The Family Justice Council has today (01 July 2016) released its long-awaited Guidance on 'Financial Needs' on Divorce.

United Nations echoes Law Society criticism of access to justice limits
01 July 2016
A report by a key United Nations committee has criticised government moves to restrict access to justice in England and Wales, echoing the case made by the Law Society of England and Wales.

Court of Appeal grants appeal in posthumous conception case
01 July 2016
The Court of Appeal has granted the appeal in R (On the application of Mr and Mrs M) v Human Fertilisation and Embryology Authority [2016] EWCA Civ 611, ruling that the late daughter gave consent to her mother conceiving after her death.

MIAMs down 14% compared to same period in 2015
30 June 2016
The latest legal aid statistics published today (30 June 2016) show that the number of mediation assessments are down 14% compared to the same period in 2015.

Courts 'costs rule' sets precedent for family disputes over wills
27 June 2016
The High Court has handed a costs judgment for in excess of £65,000 in the case of Elliot v Simmonds [2016] EWHC 962 (Ch), setting a precedent that the courts will make costs orders against claimants who pursue weak will challenges, act obstructively, cause delay and increase costs without incurring costs themselves.

Articles


PSL Essential Update - June 2016
Amy Royce-Greensill - @AmyRoyceG
01 July 2016
In the month that Britain (or 52% of Britain) made the historic (and controversial) decision to leave the EU, what has happened in family law?

A Day in the Life of ... DDJ Jonathan James
DDJ Jonathan James - @nfasltd
28 June 2016
I am variously a Deputy District Judge with a s 8 children ticket, a law trainer and now family law arbitrator. When not sitting in the North West, I train lawyers and GPs and have just set up a family law arbitration service.

Brexit and national family law
David Hodson OBE - @DMHodson
28 June 2016
David Hodson OBE sets out some preliminary reflections on the impact on domestic, national family law of the UK voting to leave the EU.

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Judgments


COURT OF PROTECTION: Re D [2016] EWCOP 35
Hearing Date: 01 July 2016
Senior Judge Lush
Court of Protection
Appeal regarding non-notification of statutory will application.

PRIVATE LAW CHILDREN: A and B v X and Anor [2016] EWFC 34
Hearing Date: 30 June 2016
Mrs Justice Russell
The Family Court
Application for a child arrangements order in respect of a child born as a result of a gestational surrogacy.

PUBLIC LAW CHILDREN: R (On the application of Mr and Mrs M) v Human Fertilisation and Embryology Authority) [2016] EWCA Civ 611
Hearing Date: 30 June 2016
Sir James Munby P, Lady Justice Arden and Lord Justice Burnett
Court of Appeal
The Court of Appeal grants appeal ruling that the late daughter gave consent to her mother conceiving after her death.

PROPERTY: McGuinness v Preece and Ors [2016] EWHC 1518 (Fam)
Hearing Date: 24 June 2016
Mr Justice Newey
Chancery Division
Judgment concerning unsuccessful estoppel constructive trust claims.

PRIVATE LAW CHILDREN: QS v RS (No 2) (Application to Terminate Appointment of Guardian) [2016] EWHC 1443 (Fam)
Hearing Date: 16 June 2016
Mr Justice MacDonald
Family Division
Application by mother for an order pursuant to FPR 2010, r 16.25(1)(b) terminating the appointment of the children's guardian.

PUBLIC LAW CHILDREN: A Local Authority v D and Ors [2016] EWHC 1438 (Fam)
Hearing Date: 10 June 2016
Mr Justice Mostyn
Family Division
Applicant to extend a Supervision Order after the original has ended.

ABDUCTION: Re S (Child Abduction: Joinder of Sibling: Child's Objections) [2016] EWHC 1227 (Fam)
Hearing Date: 27 May 2016
Mr Justice Cobb
Family Division
The 17-year-old sibling of a child subject to Hague Convention proceedings was granted party status.

COSTS: Elliot v Simmonds [2016] EWHC 962 (Fam)
Hearing Date: 29 April 2016
Edward Murray (sitting as a Deputy Judge of the Chancery Division)
Chancery Division
Costs judgment setting a precedent that the courts will make costs orders against claimants who pursue weak will challenges, act obstructively, cause delay and increase costs without incurring costs themselves.

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