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28 February 2008
Issue: 7310 / Categories: Legal News , Public , Legal services , Family
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In Brief

News

FAMILY AFFAIR

Family court procedures will be simplified and legal language modernised under plans announced this week by the government. A single unified code for family proceedings will be introduced, replacing the three different sets of rules which family court users currently have to consult. Archaic terms will be replaced with easier language: a decree nisi will be known as a conditional order; and a divorce petition will become an application for a divorce order. People involved in family proceedings will be able to serve court documents on each other by e-mail.

 

SURVEILLANCE SOCIETY

The current legal framework surrounding surveillance is “complex and unsatisfactory” and needs replacing, the Law Society says. The call follows the release of the Rose Report into Surveillance in which Sir Christopher Rose said that since 2005 there had been “no authorities for directed surveillance of legal visits in England and Wales to prisoners in custody in relation to terrorism or other matters”. However, the society says the scope of Rose’s inquiry was limited and it is calling for a more thorough review. Society president Andrew Holroyd says: “It is clear…we are living in a surveillance society...we would urge the government to take the opportunity to launch a more thoroughgoing review of the legal and practical safeguards that are needed to ensure our continuing rights and freedoms.”

 

RETIRING TYPES

The retirement age for recorders, deputy high court judges, deput y district judges, deputy masters and registrars is to be raised from 65 to 70, the lord chancellor, Jack Straw, has announced. It has been the policy since 1998 that those in such judicial posts should retire at 65 instead of their statutory retirement age of 70. However, the lord chancellor has now reviewed this practice and made the changes with the agreement of the lord chief justice, Lord Phillips. This brings the retirement age into line with the statutory retirement age for most judicial posts.

Issue: 7310 / Categories: Legal News , Public , Legal services , Family
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MOVERS & SHAKERS

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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