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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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MOVERS & SHAKERS

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NEWS
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NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
NLJ this week: What counts as ‘rent’? Court says labour alone won’t do
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Your magistrates’ court needs you!
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
NLJ this week: Freed but failed—justice system leaves the innocent empty-handed
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
NLJ this week: Clarity on whistleblowing, settlements and tribunal limits
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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