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27 June 2019
Issue: 7846 / Categories: Features , Procedure & practice , Civil way
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Civil way: 28 June 2019

Divorce bill conclusive; lift news; case pipeline; CICB change; appealing odds

BREAKING DOWN

‘My dear Parliamentary Counsel,

Further to my instructions published in the New Law Journal for 19 and 26 April 2019 (‘Civil way’, p17), you’ve done a magnificent job with the Divorce, Dissolution and Separation Bill which was due to receive its second reading on 25 June 2019. Not sure about the title, though. I think The Great Escape might be better. I know I suggested an irrebuttable presumption of irretrievable breakdown but I was jesting. A statement by one of both the parties that the marriage or civil partnership has irretrievably broken is to be taken as conclusive evidence that this is so, may be going too far. Expect trouble. We need to squeeze into the primary legislation savings for fraud, coercion, mistake, lack of a dictionary to check the meaning of ‘irretrievably’ situations, don’t you think?

And thanks for the new s 10 of the Matrimonial Causes Act 1973 and s 48 of the Civil Partnership

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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