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Time to make family law clear

09 January 2019
Issue: 7823 / Categories: Legal News , Divorce , Child law , Family
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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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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