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16 August 2018
Issue: 7806 / Categories: Features , Civil way , Procedure & practice
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Civil way: 17 August 2018

Joy of the stay over; brief work; (in)solving nothing.

THE OVERNIGHT GAME

Child support maintenance will be reduced if the payer (to hell with the statutory jargon) has one or more of the children with them for at least 52 nights a year (for example, by one-seventh for 52 to 103 nights in the year). Cynics would have you believe that the reduction scheme within sch 1 to the Child Support Act 1991 and regs 46 and 47 of the Child Support Maintenance Calculations Regulations 2012 (SI 2012/2677) is occasionally the driving force behind the payer’s court application for increased contact.

In JS v SSWP and another [2018] UKUT 181 (AAC) the Upper Tribunal drew attention to the fact that the current calculations regulations differ from their predecessors in that the maintenance assessment is to look forward for 12 months from the effective date. What has to be determined is the number of nights the payer is expected to have care during the 12 month period. The regulations provide that in making the determination

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MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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