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09 January 2019
Issue: 7823 / Categories: Legal News , Divorce , Child law , Family
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Time to make family law clear

The ‘turgid style’ of the procedure rules in the family courts makes the law so opaque it prevents access to justice, a prominent family law solicitor has claimed.

Writing in NLJ this week, solicitor and NLJ columnist David Burrows gives as example FPR 2010 Pt 16 (representation of children), much of which ‘is a repetition, with convoluted and confusing complexity, of the 1991 rules’. As for Pt 9 (finance), Burrows says ‘working out who is a party to children proceedings (a table with three columns and 34 rows) requires specialised skills’.

Burrows outlines ten reforms he would introduce, ranging from the reintroduction of legal aid for private family law cases to mediation, which ‘must not be compulsory, ever’ but ‘must be an established part of the court process, running in parallel—where proceedings have been started—with the litigation process’.

His suggestions include a ‘clear, workable’ set of disclosure rules for family cases and the replacement of the Child Support Act 1991 with a simpler system.

Issue: 7823 / Categories: Legal News , Divorce , Child law , Family
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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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