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09 March 2012 / David Burrows
Issue: 7504 / Categories: Features , Family , Property
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No quick fix

Family law reform should be handled with care advises David Burrows

Sarah Whitten commented on the Family Justice Review (2011) (FJR), and on the government response (“A job for life”, NLJ, 17 February 2012, p 237). She urged swift response. Yes, but the review must be seen in a much wider context, of procedural and legal aid reform to the whole spectrum of family proceedings. Rushed through, they risk being a politician’s part answer, which often means bad law-making. A little time taken—a few months only—can yield a more effective system. A number of questions, not addressed in the report (especially concerning family proceedings other than children proceedings) need to be answered; and the inquisitorial-adversarial debate is not touched, as far as I can see.

Defining terms

First, it is important to define terms. “Family proceedings” generally means proceedings assigned to the Family Division. Most family lawyers would see “family law” as covering any case which arises on family breakdown (married and unmarried families) and where a local authority becomes involved

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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
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