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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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NEWS
The bookies have won again, after the Court of Appeal dismissed property millionaire Lee Gibson’s case against Betfair for allowing him to keep betting until he lost more than £1.4m
All housing disrepair claims could be transferred from the county court to the small claims court, and referral fees banned, under reforms being considered by ministers
The Lord Chancellor, David Lammy, is introducing a raft of reforms to banish rape myths, reduce the use of sexual history as evidence, and protect complainants from re-traumatisation during the trial
Costs lawyers predict more costs disputes and more demand for their services as a direct result of the Mazur ruling
Sir Geoffrey Vos, Master of the Rolls, has asked lawyers to respond to a five-week consultation on ‘very straightforward’ online procedure rules
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