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Simon Heaney compares the provisions in place for vulnerable witnesses in the criminal justice system with those proposed for family cases It seems somewhat of a paradox that the court division charged with dealing with family law and all its inherent exposure to vulnerabilities in all manifestations has lagged woefully behind the criminal justice system …
Continue reading "Vulnerable Witnesses: Safety measures"
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Spencer Clarke and Rebecca Huxford outline the aims and objectives of the Law Commission’s consultation on the enforcement of family financial orders ‘There is room for improvement, in our view, in the provision of both written and online information to litigants in person and the general public about the enforcement of family financial orders.’It is …
Continue reading "Law Reform: Quicker and cheaper"
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Josh Green examines the courts’ approach to disagreements between parents as to religious upbringing ‘The welfare of the child will be the court’s primary concern, the aim being to arrive at a decision that is ultimately in the child’s best interests.’The prickly issue of religion and parenting was thrust into the full glare of the …
Continue reading "Private Children: A broad church"
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Sarah Jane Lenihan suggests circumstances when it may be appropriate to seek a costs order against a non-party ‘The court has discretion to order a non-party to pay costs, where it believes it is just to do so, and the non-party is connected with the litigation.’ Most family lawyers will have a client at one …
Continue reading "Costs: Taking responsibility"
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Rebecca Harling considers the impact of the legal aid cuts, in particular on domestic abuse cases ‘There is a misconception that legal aid is unavailable across the board which means that some vulnerable clients are not seeking help at all.’In an attempt to cut the legal aid bill by £270m, the government withdrew funding for …
Continue reading "Domestic Abuse: Barriers to justice"
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Shabina Begum highlights a recent challenge to the gateway requirements for legal aid in domestic abuse cases ‘The gateway evidence requirements are prejudicial against potential clients who may be too scared to face the perpetrator during the course of legal proceedings, but are unable to pay legal fees.’ As from 1 April 2013 civil legal …
Continue reading "Legal Aid: First hurdle"
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Frances Bailey and Adrian Clossick look at the potential impact of the Supreme Court decision in Wyatt v Vince ‘Successful applications [for financial provision] after a lengthy period of separation are likely to be rare and in the authors’ view limited to cases where (per Rossi) “there has been a very good reason for the …
Continue reading "Financial Provision: Limited consequences?"
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Richard Adams examines the impact of the parties’ standard of living on interim maintenance and the broad-brush approach of the courts ‘Interim hearings are expensive and, as such, should be pursued only when, on a broad assessment, the court’s intervention is manifestly required.’Many family law practitioners will be familiar with the maintenance pending suit budget …
Continue reading "Maintenance Pending Suit: In excess"
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Philippa Cunniff contrasts the approach of the courts in Scotland to spousal maintenance to that of England and Wales ‘The Scottish courts have generally adopted a cautious approach to awards of periodical allowance, with the result that Scotland has gained a reputation for its lack of generosity towards the economically weaker spouse.’There is a general …
Continue reading "Scotland: A different way"
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Helen Marriott highlights the challenges of dealing with bonus payments when assessing periodical payments ‘The periodical payments award may be partitioned, with needs being met from the base salary, and additional discretionary items being met from the bonus on a capped percentage basis.’Bankers’ bonuses frequently dominate the headlines and occupy the political platform. Bonuses may …
Continue reading "Bonus Payments: Setting limits"
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