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21 January 2021 / David Burrows
Issue: 7917 / Categories: Features , Family
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Family fortunes revisited: 2021

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David Burrows calls for clarity and fairness for families and practitioners and highlights some priorities for the year ahead

For a couple of years now I have speculated as to what I might do if I ruled the family law world, most recently in NLJ: ‘Family fortunes’, 170 NLJ 7873, p17. Since then, the Divorce, Dissolution and Separation Act 2020 has received royal assent. The Domestic Abuse Bill has passed all legislation stages in the Commons and is making its way through the House of Lords with the committee stages due at the end of the month. Parties will want to know how criminal, civil and family law domestic abuse elements will meld in court processes; and how the new act—when made—will settle down with the existing domestic violence legislation (Family Law Act 1996, Pt 4) which appears to be being retained.

The Family Procedure Rules Committee has set up a ‘working group’ to deal with amendments to the Family Procedure Rules 2010 (SI 2010/2955) (FPR 2010, Pt 7) to deal

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NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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