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There may be trouble ahead

04 June 2015 / Geraldine Morris
Issue: 7655 / Categories: Features , Family
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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
Lawyers have expressed dismay at the Chancellor Rachel Reeve’s decision to impose a £2,000 cap on salary sacrifice contributions
NLJ is inviting its readers to take part in this year’s annual reader research, a short survey designed to help shape the future direction of the magazine. The questionnaire consists of just eight quick questions and offers an opportunity for legal professionals to share their views on the content, coverage and issues that matter most to them.
The Law Society has urged regulators not to ban the term ‘no win no fee’, as the profession contemplates measures to prevent a disaster like the SSB Group collapse from happening again
The legal profession's leaders have mounted a robust defence of trial by jury, following reports that Justice Secretary David Lammy is considering restricting it to rape, murder, manslaughter and other cases that are in the public interest
CILEX (the Chartered Institute of Legal Executives) has been granted permission to appeal Mazur, a decision which has caused consternation among litigation firms
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