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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

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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