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08 July 2022 / Cris McCurley
Issue: 7986 / Categories: Features , Family , Criminal
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Domestic abuse & the family courts

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In the first of a two-part series, Cris McCurley examines key changes to the treatment of domestic abuse victims & their children within the family justice system
  • Over the years, a stream of reports, practice directions and inquiries has contributed to constant changes to the courts’ understanding and treatment of victims of domestic abuse and their children.
  • Recent recommendations for change, including substantial financial investment and a more trauma-focused approach, are to be welcomed, but still more work is needed.

The law concerning domestic abuse has been evolving over the last three decades, but the last three years have seen particularly significant changes.

In 2004, Women’s Aid published their report Twenty-nine child homicides: lessons still to be learnt on domestic violence and child protection, which considered the domestic homicide reviews of children murdered either during or as a result of court-ordered or approved contact. It led to the first version of Practice Direction 12J in 2010 under the presidency of the late Sir Nicholas Wall, who

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
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 
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
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
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’
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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