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05 January 2018 / Geraldine Morris
Issue: 7775 / Categories: Features , Divorce , Child law , Family
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Family law: plus ça change?

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Reform is a constant feature of the family justice system—Geraldine Morris questions whether the underlying issues are being addressed

  • A review of key developments in family law in 2017, and likely developments in 2018

The saying that ‘the only thing that is constant is change’ is a familiar refrain for family lawyers, and 2017 was a year packed (yet again) with change. Some of the more significant developments are detailed below, but as we approach the end of the year this article also looks at some of the further developments we might expect in 2018.

Divorce

Many leading cases on divorce procedure are decades old, a consequence of the cost of litigation and perhaps also a more ‘relaxed’ approach to the law by the courts, but the decision in Owens v Owens [2017] EWCA Civ 182, [2017] All ER (D) 23 (Apr) highlighted that the generally accepted practice of ‘mild’ particulars in unreasonable behavior petitions does not in fact comply with the law. The Court of Appeal confirmed that the

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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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