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

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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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NEWS
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NLJ this week: A wider test for unsafe homes
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
NLJ this week: Employment deadlines lengthen

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

NLJ this week: Estoppel crosses borders
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
NLJ this week: Safeguards under strain
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
NLJ this week: Fraud reform’s delivery test
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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