Emergency Remedies in the Family Court
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Commentary
In this Issue Issue 58 September 2024 In this issue all the divisions have been updated to include relevant statutory changes, case law practice and procedure and practice directions. In particular:Division— General deals in detail with the amendments made by Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) 2012 (Legal Aid: Family and Domestic Abuse) (Miscellaneous Amendments) Order 2023 and LAPSO 2012 (Legal Aid: Domestic Abuse (Amendment) Order 2024, SI 2024/715 to LASPO Act 2012.Division A includes details of disclosures of criminal matters into family proceedings and vice versa with the new version of standard orders for such disclosure and of the disclosure of information between family and criminal agencies and jurisdiction: 2024 Protocol.Division B includes the new standard orders for disclosure from the Home Office; the appropriate venue for challenging local authorities' failure to safeguard unaccompanied illegal immigrant children; summary of the principles, set out in Nottingham University Hospitals NHS Trust v Gregory[2023] EWC 2556 (Fam) which apply in case of withdrawal of life-sustaining treatment in particular where objections are raised for religious reasons. Div E deals with the Domestic Disclosure Scheme, how balance is struck when determining the balance of harm test when dealing with occupation orders; importance of human rights consideration in domestic abuse cases and of legal representation in committal proceedings. It also includes a section that deals comprehensively with law practice and procedure in relation to prohibition of cross-examination in person by perpetrators of domestic abuse of a witness and the appointment of qualified legal representatives and the procedure to be adopted when no QLR is available. It also includes the changes made in relation to the fees of QLRs and the standard orders.Div F includes information and procedure on the allocation in financial remedy cases to High Court judge level and the amendments made to the FPR 2010 for non-court dispute resolution and consequences for failure to engage in the process. Div G includes recent assessment and balancing exercise on publication of judgments in anonymised form in Re T (A Child) (No2) Transparency: Publication of Party's names)<[2024] EWHC 161 (Fam).Div H includes the exceptional use of the inherent jurisdiction to protect a vulnerable adult from domestic abuse. Div I and J Appeals and Judicial Review have been completely revised.
Contributors
Mai-Ling Savage | Contributor |
Lyndsey Sambrooks-Wright | Contributor |
Ann Osborne | Contributor |
Amanda Weston KC | Contributor |
Hannah Rought-Brooks | Contributor |
Monika Bindal | Contributor |
Nigel Fricker KC | Founding editor |
Lorna Cservenka | Contributor |
Ellie Foster | Contributor |
Her Honour Nasreen Pearce BA, LLB | General editor |