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04 June 2015 / Geraldine Morris
Issue: 7655 / Categories: Features , Family
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There may be trouble ahead

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Geraldine Morris looks at the newly elected government’s plans & the potential impact on family law

So, the new government is the old one, but without their former coalition partners the Liberal Democrats. There were many policy aspects of the previous government that caused family lawyers concern, although of course there were some positive aspects too for others. The Conservative party’s second term provides them with an opportunity to follow through on policy developments started in their first term, as well as develop areas of reform they had alluded to previously such as human rights. The following is a summary of some areas of potential change.

Human rights

This is the big one. The government has said that it will seek to repeal the Human Rights Act 1998 (HRA 1998) and replace it with a UK Bill of Rights. Tory heavyweight, Michael Gove, has been appointed as Lord Chancellor reportedly as a man on a mission to see this through. Human rights are the lifeblood of family law; a few examples are:

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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