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10 January 2019 / David Burrows
Issue: 7823 / Categories: Opinion , Divorce , Child law , Mediation , Family
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Fixing family law: a wish list

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David Burrows looks ahead & shares his manifesto for change

What would I do if I ruled the family law world? I have started from recognition that opaque law is injustice in itself, and ended with a plea for legal aid (I have not included domestic abuse law reform since that is said to be in the course of being dealt with). My pleas for reform of family law reform would include the following:

1. Clarity: lack of clarity in law denies a fair trial, especially in these days of so many people being deprived of legal aid (see later). Family law is no exception. Parliament has fixed the rule-makers’ duty as to produce rules ‘with a view to securing that… the rules are both simple and simply expressed’ (Courts Act 2003 s 75(5)). Frequently this is not achieved by the rules: for example, much of Pt 16 (representation of children) is a repetition, with convoluted and confusing complexity, of the 1991 rules (see later); FPR 2010 Pt

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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