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A work in progress

28 February 2014 / David Burrows
Issue: 7596 / Categories: Features , Family
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In an exclusive series David Burrows puts the new family court under scrutiny & assesses its ability to deliver justice

The 70 years since the end of World War 2 have seen the rate of family breakdown—or the liberalisation of family relationships—increase dramatically; and yet England and Wales have a court structure designed still to deal, mostly, with the trickle of divorces which the courts saw in 1859. That underlying position—a court structure derived from 1859—will not alter with the proposed new family court. That court is due to come into operation towards the end of April.

The administrative reform (seen from a Ministry of Justice perspective) is defined—some might say a little ignominiously—by Sch 10 to Crime and Courts Act 2013, which adds ss 31B–31P to the Matrimonial and Family Proceedings Act 1984. No legislation (properly so called: Guidance has been issued) subsidiary to those sections has been made. That said, all is not entirely quiet on the administration front: a variety of guidance and direction has been issued and “mandatory” draft

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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 dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
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
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