header-logo header-logo

27 February 2015 / Tim Parker , Tim Parker
Issue: 7642 / Categories: Features , Family
printer mail-detail

Happy anniversary?

Almost a year on from major reform, Tim Parker assesses the family justice system

Almost a year has passed since the introduction of what Sir James Munby, President of the Family Division, described as “the largest reform of the family justice system any of us have seen or will see in our professional lifetimes” (View from the President’s Chambers, no. 11). Although he was also quick to point out that he didn’t accept that the new rules concerning expert instructions and the 26 week limit would “prejudice the quality of justice or the interests of those who appear before us”. So as the first anniversary of the changes nears, how has the system fared?

The illness

The architects of the Children Act 1989 (CA 1989) expected that care applications would last no more than 12 weeks, with most being concluded within eight. It is unclear whether these timescales were ever realistic; what is clear is that the length of applications increased over the years. Within five years of the Act coming into

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll