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Family fortunes

05 February 2020 / David Burrows
Issue: 7873 / Categories: Features
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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
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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