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06 February 2026
Categories: Legal News , Family , Abuse , Child law , Divorce
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NLJ this week: Getting the facts right in family courts

241913
Fact-finding hearings remain a fault line in private family law. Writing in NLJ this week, Victoria Rylatt and Robyn Laye of Anthony Gold Solicitors analyse recent appeals exposing the dangers of rushed or fragmented findings

Courts have been criticised for ‘linear’ reasoning, importing criminal law concepts, or failing to assess allegations holistically—particularly in cases involving domestic abuse. Several judgments underline that Practice Direction 12J must be applied substantively, not as a box-ticking exercise. Allegations cannot be brushed aside as historic or irrelevant without clear reasoning tied to welfare and risk.

One ruling also warned against over-reliance on neurodiversity diagnoses ‘absent direct relevance to welfare’, while another highlighted the misuse of AI-generated authorities.

The message is clear: careful analysis, proportionality and clarity are essential, because flawed fact-finding doesn’t just distort outcomes—it invites appeals and prolongs harm.

MOVERS & SHAKERS

Sidley—James Inness

Sidley—James Inness

Partner joins capital markets team in London office

Haynes Boone—William Cecil

Haynes Boone—William Cecil

Firm announces appointment of partner as UK general counsel

Devonshires—Nicholas Barrows

Devonshires—Nicholas Barrows

Firm appoints first chief marketing officer to drive growth strategy

NEWS
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
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

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
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