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Family fortunes revisited: 2021

21 January 2021 / David Burrows
Issue: 7917 / Categories: Features , Family
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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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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
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The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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