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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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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