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Violent continuity

26 February 2009 / Stephen Gold
Issue: 7358 / Categories: Legal News , Divorce , Child law , Family
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Family

The judge who deals with a fact-finding hearing in residence and contact cases—normally on whether or not there has been domestic violence— should also take the final hearing. Exceptions may only be made where that would cause delay and child detriment would outweigh fair trial detriment. The President’s Practice Direction on these hearings of 9 May 2008 (see NLJ 158, 7326, p 893) has been beefed up by his revision of 14 January 2009 [2009] All ER (D) 122 (Jan) to reflect the decision of the House of Lords in Re B (Children) [2008] 4 All ER 1. The same principles should be followed in the family proceedings courts.

Issue: 7358 / Categories: Legal News , Divorce , Child law , Family
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MOVERS & SHAKERS

NLJ Career Profile: Kadie Bennett, Anthony Collins

NLJ Career Profile: Kadie Bennett, Anthony Collins

Kadie Bennett, senior associate at Anthony Collins and chair of the Resolution West Midlands Group, discusses her long-standing passion for family law and calls for unity in the profession

Osborne Clarke—Lara Burch

Osborne Clarke—Lara Burch

Firm appoints new UK senior partner for 2026

Keoghs—Louise Jackson & Katie Everson

Keoghs—Louise Jackson & Katie Everson

Healthcare and sports legal team expands in the north west

NEWS
Lawyers and users of the business and property courts are invited to share their views on disclosure, in particular the operation of PD 57AD and the use of Technology Assisted Review (TAR) and artificial intelligence (AI)
Social media giants should face tortious liability for the psychological harms their platforms inflict, argues Harry Lambert of Outer Temple Chambers in this week’s NLJ
Ian Gascoigne of LexisNexis dissects the uneasy balance between open justice and confidentiality in England’s civil courts, in this week's NLJ. From public hearings to super-injunctions, he identifies five tiers of privacy—from fully open proceedings to entirely secret ones—showing how a patchwork of exceptions has evolved without clear design
The Leasehold and Freehold Reform Act 2024—once heralded as a breakthrough—has instead plunged leaseholders into confusion, warns Shabnam Ali-Khan of Russell-Cooke in this week’s NLJ
The Employment Appeal Tribunal has now confirmed that offering a disabled employee a trial period in an alternative role can itself be a 'reasonable adjustment' under the Equality Act 2010: in this week's NLJ, Charles Pigott of Mills & Reeve analyses the evolving case law
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