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Family Law

The leading authority on all aspects of family law

Family Law , 08 AUG 2016

Family Law Newsletter: 8 August 2016

Family Law Newsletter: 8 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


Court of Protection Transparency Pilot extended
04 August 2016
The pilot scheme to give the public and media greater access to Court of Protection hearings across England and Wales has been extended to 31 August 2017.

Judicial diversity statistics 2016 and details of High Court support programme published

03 August 2016
The 2016 judicial diversity statistics were published on 28 July 2016, showing the figures for April 2016.

Articles


Does a recent Court of Appeal decision provide post-Brexit guidance for financial remedy cases?
Graeme Fraser
04 August 2016
One of the many issues for family lawyers to grapple with following June's EU referendum vote is how this will impact on financial remedy cases. Lady Justice Black's decision on 26 July 2016 in Ali v Ansar-Ali [2016] EWCA Civ 781 suggests a way forward where a couple falls on harder economic times.

Twenty-four may be a big number
Valentine Le Grice QC
03 August 2016
Rhys Taylor has recently published Another Witches' Brew, his definitive paper on pensions and divorce. Many compliments can be paid, including the apparently oxymoronic comment that it is 76 pages long and concise. It is certainly the product of many hours of productive work.


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Judgments


PROPERTY: Ely v Robson [2016] EWCA Civ 774
Hearing Date: 26 July 2016
Sir Brian Leveson P and Lord Justice Kitchin
Court of Appeal
The appeal from a determination of the beneficial interests in a property was dismissed.

FINANCIAL REMEDIES: Ali v Ansar-Ali [2016] EWCA Civ 781
Hearing Date: 26 July 2016
Lady Justice Black and Lord Justice Lindblom
Court of Appeal
The husband's appeal from a financial remedies order was allowed.

PUBLIC LAW CHILDREN: Re C (A Child) [2014] EWHC 15 (Fam)
Hearing Date: 30 June 2014
Mrs Justice Eleanor King
Family Division
The fact-finding hearing in relation to the death of Ellie Butler.

PRACTICE & PROCEDURE: Patel v Mirza [2016] UKSC 42

Hearing Date: 20 July 2016
Lord Neuberger P, Lady Hale DP, Lord Mance, Lord Kerr, Lord Clarke, Lord Wilson, Lord Sumption, Lord Toulson and Lord Hodge
Supreme Court
The issue was when involvement in illegality bars a claim. The Supreme Court unanimously dismissed Mr Mirza's appeal. Mr Patel is entitled to restitution of the £620,000 which he paid to Mr Mirza.

ABDUCTION: LM v DR (Return to Non-Convention Country) [2016] EWHC 1943 (Fam)
Hearing Date: 27 July 2016
Mr Justice MacDonald
Family Division
The court ordered the child's return to Azerbaijan.

PUBLIC LAW CHILDREN: West Sussex County Council v Alma [2016] EWHC 2009 (Fam)
Hearing Date: 28 July 2016
Mr Justice Hayden
Family Division
A placement order was made in respect of a child allegedly trafficked to the UK in respect of whom no information was available.

PRIVATE LAW CHILDREN: Re A and B (Children: Restrictions on Parental Responsibility: Extremism and Radicalisation in Private Law) [2016] EWFC 40
Hearing Date: 22 July 2016
Mrs Justice Russell
Family Court
Orders were made for the children to remain living with the mother and to have no contact with the father whom the mother alleged was violent and had been radicalised.

PUBLIC LAW CHILDREN: Re W (A Child) [2016] EWCA Civ 793
Hearing Date: 29 July 2016
Lord Justice McFarlane and Lord Justice Lindblom
Court of Appeal
The appeal from a special guardianship order was allowed.

FINANCIAL REMEDIES: Goyal v Goyal [2016] EWCA Civ 792
Hearing Date: 29 July 2016
Lord Justice McFarlane and Lady Justice Macur
Court of Appeal
The appeal from an order requiring the husband to transfer an annuity policy held in India to the wife was allowed.

PUBLICITY & REPORTING: Re C (A Child) [2016] EWCA Civ 798
Hearing Date: 29 July 2016
Lord Dyson, Master of the Rolls, Lord Justice McFarlane and Lord Justice Burnett
Court of Appeal
The Court of Appeal allowed the appeal and granted permission for a redacted version of the fact-finding judgment to be published.

Legislation & Guidance


Court of Protection Transparency Pilot extended
04 August 2016
The pilot scheme to give the public and media greater access to Court of Protection hearings across England and Wales has been extended to 31 August 2017.

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