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05 February 2020 / David Burrows
Issue: 7873 / Categories: Features
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Family fortunes

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David Burrows identifies some familiar hot topics ripe for reform in 2020
  • Clarity of law and legal aid helps to approach a fair trial.
  • Secrecy: still a question in the family courts.

Around the turn of 2018–19 I speculated on what I would do if I ruled the family law world. I started from recognition that opaque—or badly drafted—law is injustice in itself, and ended with a plea for legal aid (see ‘Fixing family law: a wish list’, 169 NLJ 7823, p7). I identified eight further topics alongside these two. Family law reform should include, I suggested:

  • Clarity of law, for lack of clarity in law denies a fair trial.
  • Marriage laws: divorce law reform is important; but so too is the need for the law of marriage to be defined to fit 21st century secular and mixed religion society.
  • Child law procedure: how can a child know what rights he or she has when child law procedure is so complex?
  • Child Support Act 1991 with all its amendments
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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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