header-logo header-logo

28 February 2008
Issue: 7310 / Categories: Legal News , Public , Legal services , Family
printer mail-detail

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
printer mail-details

MOVERS & SHAKERS

Weightmans—Elborne Mitchell & Myton Law

Weightmans—Elborne Mitchell & Myton Law

Firm expands in London and Leeds with dual merger

Boodle Hatfield—Clare Pooley & Michael Duffy

Boodle Hatfield—Clare Pooley & Michael Duffy

Private wealth and real estate firmpromotes two to partner and five to senior associate

Constantine Law—James Baker & Julie Goodway

Constantine Law—James Baker & Julie Goodway

Agile firm expands employment team with two partner hires

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
back-to-top-scroll