Mixed messages (from Solicitors Journal)

February 20, 2014 10 comments

family courts

From my latest Solicitors Journal column “Family Business”, 13/2/2014 The search for answers continues in the family court system, says Marilyn Stowe The family court system is being overhauled, particularly in the area of public law. It is being streamlined and modernised. There is no choice but to buckle down, grit teeth and deliver the cheapest system possible….

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Mediation is a tool, not a panacea by John Bolch

January 22, 2014 0 comments

Glass of water

The way that mediation is sometimes spoken about by its supporters, one could be forgiven for thinking that it is the universal solution for the resolution of all family (or other) disputes. Mediation has always had its staunch and enthusiastic supporters, even long before the Government seized upon it as the ‘replacement’ for legal aid…

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Modernise divorce law, says retiring judge

October 11, 2013 5 comments

Civilized divorce

English divorce law was “designed for a wholly different era”, a High Court judge has claimed. Sir Paul Coleridge said an independent commission should take a “new and fresh” look at divorce and financial provision law. He told the Family Law Conference in London this week: “Since family law is intended to regulate family life…

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US woman fails to obtain divorce injunction

February 14, 2013 1 comment

news

A US citizen living in London has failed in her bid to obtain a temporary injunction to prevent her estranged husband from pursuing divorce proceedings in the US. In the case of T v T the couple, both US citizens, had married in an unspecified state before relocating to London, where they were given indefinite…

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Mr Justice Mostyn promotes arbitration

January 29, 2013 1 comment

Royal Courts of Justice

In a recently published case, High Court judge Mr Justice Mostyn used the occasion of a complex land trust dispute to promote the benefits of arbitration. I was delighted to see this endorsement  at such high levels. At a Family Division hearing, the judge was asked to rule on an application that proceedings launched under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) should be…

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