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12 April 2024 / Caroline Bowden
Issue: 8066 / Categories: Features , Family , Mediation
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Family law: taking a different turn

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With FPR changes focusing on non-court solutions, Caroline Bowden suggests solicitors send clients to a MIAM, aim to settle and try to keep appropriate clients out of court
  • Sets out key changes and offers practical advice to family lawyers on the FPR changes, due to take effect from 29 April 2024.
  • There may be no new legislation to make mediation compulsory, but the changes are likely to have an impact on the way solicitors work.
  • Lawyers should aim to resolve client issues away from court, where possible.
  • Explains the exemptions to non-court dispute resolution.

Solicitors have a key role in steering their clients through to settlement. For too long, too many do so with a court-based mindset, even while conducting negotiations. However, in future all lawyers will have to pay more attention to the non-court space, as well as the pre-court space. If attempts at settlement via correspondence have broken down, or even if they never started, lawyers will need to think of every conceivable way of avoiding court,

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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