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15 January 2009 / David Burrows
Issue: 7352 / Categories: Features , Procedure & practice
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A blot on the landscape

The child support system is needlessly cumbersome, says David Burrows

The government’s recent “overhaul” of the tribunal structure introduced two new tribunals; a First Tier and an Upper Tribunal. Child support and Child Support Commissioner appeals now come within this structure; though this is solely because of the anomalous position of child support as part of administrative, rather than family law.

The new scheme replaces the existing tribunal and commissioner’s jurisdictions and gives the Upper Tribunal the ability to receive referral of judicial review applications. Most tribunals transferred into the First-Tier and Upper Tribunal in phases from 3 November 2008, implementing the main provisions of the Tribunals, Courts and Enforcement Act 2007. In some cases new statutory appeal rights are created. In other cases appeal rights are moved from the courts to tribunals.

A press release heralding the changes claimed that “tribunal users [will] continue to experience a service that is speedy, inexpensive and accessible”. Looked at through the child support scheme spectrum this statement perhaps justifies scepticism. First “speedy” of the

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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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