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14 March 2019 / David Burrows
Issue: 7832 / Categories: Features , Family
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Child support: David Burrows provides a master class in family law & administration law

  • Kafka, Dicey and a child support scheme.

The 25th anniversary of the opening of the doors of the Child Support Agency (now Child Maintenance Service (CMS)) was recorded, with no enthusiasm on my part, by ‘Going separate ways’ 168 NLJ 7790, p9. The Department for Work and Pensions presides over a Kafkaesque scheme. For example, it hopelessly delays necessary enforcement and needlessly involves five different courts and tribunals:

  • magistrates’ courts civil jurisdiction (eg committal for enforcement of arrears);
  • the family court (eg lump sum deduction orders);
  • the county court (charging orders: arrears);
  • first-tier tribunals; and
  • the upper tribunal (‘administrative’ appeals (to be explained in Pt 2 of this article).
  •  

    Beyond this are rights to appeal: to the High Court, Family Division, to the Court of Appeal and to the Supreme Court (with permission). Alongside this is judicial review, often the only means of challenge to child support delegated legislation and CMS civil servant decision-making

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    MOVERS & SHAKERS

    Harneys—Maggie Kwok & George Weston

    Harneys—Maggie Kwok & George Weston

    Harneys senior leadership appointments

    Freeths—Keith Browne & Jim Jordan

    Freeths—Keith Browne & Jim Jordan

    Freeths strengthens London Construction and Engineering practice with two strategic senior hires

    Anthony Collins—Laura Moss

    Anthony Collins—Laura Moss

    Anthony Collins announces strategic hire to deepen skills base in the social business sector

    NEWS
    More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
    Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
    Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
    New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
    Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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