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28 January 2010 / Geraldine Morris
Issue: 7402 / Categories: Features , LexisPSL
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An eventful year

Geraldine Morris reflects on changes in family law in 2009

As the American legal scholar, Roscoe Pound, once said: “The law must be stable and yet it must not stand still.” 2009 was a year in which family law certainly did not stand still but some would question whether the family justice system, with the ongoing pressures of delays and funding, remained stable.

The following are some (but not all in an eventful year) of the key developments which emerged during the course of 2009 in family law.

Variation

Several reported variation cases involved the reduction in the value of assets or significantly changed circumstances post an order or agreement, with decisions also on upwards variation of maintenance and the “compensation” strand developed in Miller; Macfarlane [2006] 3 All ER 1.

The unsuccessful appellant was a feature of capital variation cases. In Myerson v Myerson [2009] 2 FCR 1 the ground rules were re-emphasised.

The Court of Appeal referred to the criteria set down in Cornick v Cornick [1994] 2 FLR 350 as

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NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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