Lawyers should embrace technology says President

September 22, 2017 0 comments

family court

The family justice system must recognise an increasing appetite for online options, the President of the Family Division has declared. Speaking at YRes, a conference for recently qualified solicitors, Sir James Munby highlighted the growing importance of technology in the delivery of justice. While acknowledging that not every case is suitable for processing via the…

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The Supreme Court: Under new management (from Solicitors Journal)

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September 22, 2017 1 comment

family law

This article was first published by Solicitors Journal on 05/09/17, and is reproduced by kind permission. This was our final appearance in the magazine. From 2 October the Supreme Court will be under new management as Baroness Hale of Richmond assumes the role of president, following the retirement of her (actually slightly younger) colleague, Lord Neuberger of…

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Common sense drowns in a sea of guidance

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September 18, 2017 1 comment

family law

I am old school. I admit it. I first studied law in 1976. I first practised law in 1980, and I first practised family law in 1983. I am a dinosaur awaiting extinction. Back in those dim and distant days I don’t recall that there was much in the way of guidance for family lawyers,…

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An annual report, a transgender child, and more

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September 15, 2017 0 comments

family law

A week in family law In his final annual report before retirement, the Lord Chief Justice reviewed developments in family justice over the year. Of the sustained increase in public law cases, coming at a time of static judicial resources, he says: “The President of the Family Division has described the situation as a crisis,…

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Lord Chief Justice takes stock in pre-retirement report

September 11, 2017 1 comment

family law

Lord Chief Justice Lord Thomas has published his final annual report a few weeks before he is due to retire. The report cites a sharp rise in demand for ‘public law’ – i.e. cases concerning the relationship between individuals and the state: typically (but not exclusively) fostering and adoption. There has also been a fall…

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Some comments on dealing with parental alienation

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September 7, 2017 21 comments

family law

The Roman Emperor Tiberius may have said that power has no limits, but he clearly wasn’t referring to the family justice system. Judges may have been granted certain powers, but, as I explained here on Monday, those powers certainly have limits, in particular when it comes to dealing with unreasonable behaviour by parties to family…

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Behaviour and the limits of court power

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September 4, 2017 7 comments

family life

I wanted to expand upon something that I have mentioned in a couple of posts here recently, something with which some have taken exception. I have said that the courts can’t force parties to behave in a reasonable fashion. This is something that relates to all types of family proceedings, but is I think particularly…

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Help for litigants in person ‘sadly inadequate’

September 1, 2017 6 comments

family law

The help provided by the government for litigants in person is “sadly inadequate”, according to the President of the Family Division. Sir James Munby has called the family justice system “over-complicated” and that the government faces a “massive challenge” to provide people with the information they need to navigate it. These comments came in the…

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