Family

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A mother has been ordered to stay away from her children, in a long-running case on parental alienation.

Rules should be ‘simple and simply expressed’, according to the Courts Act 2003—yet Mr Justice Mostyn recently urged rule-makers to look again at the ‘Byzantine’ rules governing the release of documents to children proceedings.

A Byzantine set of rules governs the release of documents in children proceedings: David Burrows calls for some sorely-needed simplicity

Potential arguments can be avoided and acrimonious atmospheres dissolved by taking the precaution of making a post-nuptial or pre-nuptial agreement. Should couples choose to take this step, what must their legal adviser bear in mind, what are the necessary actions, and how have the courts treated such agreements?

Nuptial agreements: Sarah Scriven runs through the key points to consider now, to avoid disputes later

One in ten crown court cases (6,073 cases) have been delayed for more than two years, the latest statistics reveal.

The number of wills and inheritance disputes has risen in recent years

A financial claim in divorce cannot proceed if one spouse dies, the Supreme Court has held

Lawyers have firmly rejected Ministry of Justice (MoJ) proposals for mandatory mediation in family cases.

How are the courts applying the law in relation to the issue of ‘parental alienation’? Luke Scarratt, senior associate at Payne Hicks Beach, investigates how the law is being applied and what tools the courts have at their disposal.

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MOVERS & SHAKERS

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Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS

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Changing faces

David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle

NLJ this week: The road ahead for employment rights

Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ

NLJ this week: Justice delayed, justice denied

Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly

NLJ this week: Presumption of capacity reaffirmed

The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination

NLJ this week: SLAPPed shut?

From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics

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Family

MOVERS & SHAKERS

Hugh James—Phil Edwards

Freeths—Melanie Stancliffe

DAC Beachcroft—Tim Barr