header-logo header-logo

10 June 2020
Issue: 7890 / Categories: Legal News , Family , Covid-19 , Profession
printer mail-detail

Family pulls together

‘The Road Ahead’ set out for family courts
Senior family judge, Sir Andrew McFarlane has set out a road map for remote working and social distancing in the family courts in the next six months.

The document, ‘The Road Ahead’, draws on a report into remote hearings in the family court published by the Nuffield Family Justice Observatory in May. It advises family lawyers to assume social distancing restrictions will remain in place for ‘many months’ and the ‘normal court working environment’ will not be achieved until at least the end of 2020 or the spring of 2021. Consequently, ‘apparent potential unfairness’ which justified adjournment for a short period of time ‘must now be re-evaluated’.

Sir Andrew, President of the Family Division, said: ‘The need to achieve finality in decision-making for children and families, the detrimental effect of delay and the overall impact on the wider system of an ever-growing backlog must form important elements in judicial decision making alongside the need for fairness to all parties.’

However, various steps to reduce the potential for unfairness have been identified, which means more cases can proceed, he said. For example, the easing of lockdown gives lay parties the option of taking part in remote hearings from their solicitor’s office or other location where IT support is available.

Meanwhile, volumes of private and public cases have continued at pre-coronavirus levels, applications for domestic abuse injunctions have remained the same or, in certain inner-city areas, ‘significantly risen’. Sir Andrew predicted a ‘surge’ in child protection cases once more children came out of lockdown.

He urged judges and lawyers to keep submissions and judgments brief and relevant, as time is short. Read the full document at: bit.ly/3cQS39I.

Meanwhile, the High Court has begun a judicial review of the legal aid means test, brought by a domestic abuse victim denied legal aid because she co-owns her house with her former partner.

Law Society president Simon Davis said victims could not access the equity in their home and were left ‘navigating the court system alone and representing themselves in court against their abusive ex-partner’.

The Ministry of Justice was reviewing the legal aid means test before the COVID-19 pandemic began.

Issue: 7890 / Categories: Legal News , Family , Covid-19 , Profession
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

NEWS
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
A €60.9m award to Kylian Mbappé has refocused attention on football’s controversial ‘ethics bonus’ clauses. Writing in NLJ this week, Dr Estelle Ivanova of Valloni Attorneys at Law examines how such provisions sit within French labour law
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
back-to-top-scroll