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Disclosure and the family lawyer – Part 1

Disclosure: reliance of the family law on common law and civil proceedings rule “Disclosure” has had extensive press recently, mostly in relation to criminal proceedings. In the more narrow legal press, it is of concern to civil lawyers, especially in the burgeoning field of electronic disclosure and electronic access to documents and other material. Family Continue reading

Inheritance disputes and the media: making wishes come untrue

In this guest post, Barbara Rich explains how the Daily Mail missed an opportunity to explain the essential rights of a cohabitant to ask the court to make reasonable provision for her under the Inheritance (Provision for Family and Dependants) Act 1975, rather than describing the case as a judge simply overturning the deceased’s wishes Continue reading

Domestic abuse: a Government consultation and a short history

As the Home Office gets involved in the government’s plans to tackle domestic abuse, David Burrows considers the terms of the current consultation and looks back over the somewhat uneven history of dealing with the problem since the 1970s. Transforming society’s response to domestic abuse A domestic abuse Bill may finally be in prospect. A Continue reading

Family law: ‘Injury to public morals’ – 2018 style

David Burrows considers an old scandal and an even older statute in the context of a persisting impediment on the ability of the press to print lurid accounts of the private lives of those involved in defended divorce disputes. A modern protection for public morals A flurry of tweets and blog traffic earlier this month Continue reading

Solicitor’s retainer and professional privilege after S v S

David Burrows considers practitioner issues arising in a recent case in which a husband applied for an injunction to prevent a firm of solicitors, with whom he had previously had a preliminary consultation, from acting for his wife in divorce proceedings between them, and ponders an unexplained reference to ‘skull painting’…   The ‘blasé’ evidence Continue reading

How Court of Protection judges decide best interests in end of life cases

In this guest post, Tor Butler-Cole explains how judges have approached end of life decisions in recent cases in the Court of Protection. Although aimed primarily at a medical readership, it provides a useful introduction for anyone unfamiliar with this type of case. Prompted by interesting discussions with doctors on Twitter, and because it isn’t possible to Continue reading