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12 September 2019 / Graeme Fraser
Issue: 7855 / Categories: Opinion , Family , Divorce
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Back to square one?

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Graeme Fraser shares ten family law priorities with the new Lord Chancellor…for when Parliament returns

The suspension of Parliament this month leaves a significant body of unfinished business yet to make it through the halls of Westminster, including the Divorce, Dissolution and Separation Bill, which many of us hope to see reintroduced as soon as normal service is resumed. With some time on his hands to contemplate his in-tray during the party conference season, here are some suggested reforms for the recently appointed Lord Chancellor and Secretary of State for Justice, Robert Buckland QC, on how he could help improve access to justice, and equality of arms in the family law courts and the wider legal family.

No fault divorce

When the government introduced the Divorce, Dissolution and Separation Bill, it promised to reform the divorce process to remove the concept of fault. With the prorogation of Parliament on Monday night, this unfortunately means the Bill will not proceed any further. Considering the existing support for this Bill across the House,

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Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
NLJ this week: What counts as ‘rent’? Court says labour alone won’t do
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
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Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
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A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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