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Violent continuity

26 February 2009 / Stephen Gold
Issue: 7358 / Categories: Legal News , Divorce , Child law , Family
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Family

The judge who deals with a fact-finding hearing in residence and contact cases—normally on whether or not there has been domestic violence— should also take the final hearing. Exceptions may only be made where that would cause delay and child detriment would outweigh fair trial detriment. The President’s Practice Direction on these hearings of 9 May 2008 (see NLJ 158, 7326, p 893) has been beefed up by his revision of 14 January 2009 [2009] All ER (D) 122 (Jan) to reflect the decision of the House of Lords in Re B (Children) [2008] 4 All ER 1. The same principles should be followed in the family proceedings courts.

Issue: 7358 / Categories: Legal News , Divorce , Child law , Family
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MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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