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28 February 2014 / David Burrows
Issue: 7596 / Categories: Features , Family
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A work in progress

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In an exclusive series David Burrows puts the new family court under scrutiny & assesses its ability to deliver justice

The 70 years since the end of World War 2 have seen the rate of family breakdown—or the liberalisation of family relationships—increase dramatically; and yet England and Wales have a court structure designed still to deal, mostly, with the trickle of divorces which the courts saw in 1859. That underlying position—a court structure derived from 1859—will not alter with the proposed new family court. That court is due to come into operation towards the end of April.

The administrative reform (seen from a Ministry of Justice perspective) is defined—some might say a little ignominiously—by Sch 10 to Crime and Courts Act 2013, which adds ss 31B–31P to the Matrimonial and Family Proceedings Act 1984. No legislation (properly so called: Guidance has been issued) subsidiary to those sections has been made. That said, all is not entirely quiet on the administration front: a variety of guidance and direction has been issued and “mandatory” draft

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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

NEWS
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
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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