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08 October 2009 / David Burrows
Issue: 7388 / Categories: Features , Child law , Family
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Time to rethink

David Burrows asks, is the tribunal system human rights compliant?

The European Convention for the Protection of Human Rights and Freedoms 1950, Art 6(1) provides that a person is entitled to a fair trial before an impartial tribunal. But how far is it possible to have a fair trial where the law under consideration is beyond the comprehension of the averagely intelligent lay person (AILP); and where, for practical purposes, legal representation is denied, because legal aid is not available?

To test this question I take the new child support scheme (effective from 24 July 2008 under the Child Maintenance and Other Payments Act 2008) as applied under the even slightly newer tribunal scheme (introduced on 3 November 2008 pursuant to the Tribunals, Courts and Enforcement Act 2007).

The 2007 Act brings with it a new set of procedural rules for tribunals. The most radical departure for both rules and the 2008 Act is the impulse towards a “voluntary” ethos and mediation: “voluntary maintenance arrangements” occurs early in the 2008 scheme (s 2(2)(a)).

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

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A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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