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NLJ this week: Can proposed reforms steer disputing couples away from court?

02 June 2023
Issue: 8027 / Categories: Legal News , Family , Divorce , Child law , Mediation
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In this week’s NLJ, Caroline Bowden, consultant at Anthony Gold, is cautiously optimistic about a Ministry of Justice (MoJ) consultation on the earlier resolution of private family law arrangements for children, finances and housing. The aim is to keep family disputes out of court where possible, an aspiration approved of by family lawyers.

The crucial question, of course, is how? Bowden considers the MoJ’s proposals—compulsory attendance at parenting programmes before going to court, making litigants consider mediation before issue and at every stage thereafter, and more powers for judges to consider costs orders on couples to keep them in check.

Bowden raises questions about resourcing, funding, and the practicalities of making sure the message is heard. She suggests ways to resolve issues and move forward—read her thoughts in full here.

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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