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01 February 2013 / David Burrows
Issue: 7546 / Categories: Opinion , Family
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Under attack

David Burrows warns of an assault on family law

As Ryder J contemplates reform of the family justice system, he may wish to be aware of the assault by the Court of Appeal and Supreme Court upon some of the more cherished assumptions of family lawyers. Family lawyers should perhaps look to the legitimacy of some of their long-held shibboleths before another Court of Appeal assault. For example, “review” hearings in children cases; restrictions in the rules on disclosure in financial remedy proceedings; and costs limitations in financial remedy proceedings: no statutory powers exist for any of these. To ignore the law, as the cases below show, can be repressive and is certainly illegal.

The beginning

Re B (Children) [2008] UKHL 35, [2008] 4 All ER 1 started the process. Lord Hoffmann patiently explained the principles of proof of facts in issue: till a fact in issue is proved then it is treated as not having happened (Lord Hoffmann’s binary system of evidence). This is the language of the adversarial process which

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NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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