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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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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