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11 December 2008
Issue: 7349 / Categories: Features , Child law , Mediation , Family
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Civil way FEATURED THIS WEEK

Stephen Gold is a district judge

Activities—but how active?

Activities—but how active?

Before making a final contact order (or varying or discharging one) the court may give a contact activity direction (CAD) if there is a dispute and on making a final order the court may impose a contact activity condition (CAC) which amounts to the same thing. Activity? This is likely to be a programme, class or counselling or guidance session which assists in establishing, maintaining or improving contact, or addresses violent behaviour.

The CAD or CAC cannot be used to compel medical or psychiatric examination, assessment or treatment or participation in mediation. The activity must be provided in a place to which the individual concerned can reasonably be expected to travel and the court must first obtain information—Cafcass or a Welsh family proceedings officer can be asked to supply it and it will particularly cover any conflict with the individual’s religious beliefs and interference with work or education—about the individual and the likely eff ect of the CAD or CAC

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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
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