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Family law: plus ça change?

05 January 2018 / Geraldine Morris
Issue: 7775 / Categories: Features , Divorce , Child law , Family
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Reform is a constant feature of the family justice system—Geraldine Morris questions whether the underlying issues are being addressed

  • A review of key developments in family law in 2017, and likely developments in 2018

The saying that ‘the only thing that is constant is change’ is a familiar refrain for family lawyers, and 2017 was a year packed (yet again) with change. Some of the more significant developments are detailed below, but as we approach the end of the year this article also looks at some of the further developments we might expect in 2018.

Divorce

Many leading cases on divorce procedure are decades old, a consequence of the cost of litigation and perhaps also a more ‘relaxed’ approach to the law by the courts, but the decision in Owens v Owens [2017] EWCA Civ 182, [2017] All ER (D) 23 (Apr) highlighted that the generally accepted practice of ‘mild’ particulars in unreasonable behavior petitions does not in fact comply with the law. The Court of Appeal confirmed that the

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MOVERS & SHAKERS

Moore Barlow—Jess Ready & Natasha Jones

Moore Barlow—Jess Ready & Natasha Jones

Commercial property and corporate teams expand in Southampton

Watershed—Rob Elliott

Watershed—Rob Elliott

Employment firm expands capability with experienced hire

Devonshires—Aoife Murphy & Mandeep Sahota

Devonshires—Aoife Murphy & Mandeep Sahota

Housing management and property litigation team bolstered by partner hires

NEWS
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
The long-awaited Getty Images v Stability AI judgment arrived at the end of last year—but not with the seismic impact many expected. In this week's issue of NLJ, experts from Arnold & Porter dissect a ruling that is ‘historic’ yet tightly confined
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