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On the value of legal representation
The status of legal representation has recently appeared in the news, again. Readers of our blog might already be aware that since LASPO (the Legal Aid, Sentencing and Punishment of Offenders Act, 2012) when Legal Aid was largely removed for family cases, more than a third of all family court proceedings feature unrepresented parties (litigants in person) on both sides... more >
Contempt of Court and Family Proceedings
This week, we are taking a look at what can happen in family proceedings if an individual thwarts court orders and is held in contempt of court. Being held in contempt of court can invoke draconian consequences for litigants, however the more draconian consequences such as committal to prison have rarely been applied in the family court. Recently, an 83-year-old... more >
Movement in cohabitation claims – recognition of financial dependence
The law on cohabitation and inheritance has come under scrutiny again as the High Court has ruled in favour of a woman who was neither married to, nor in joint property ownership with, her late partner and who initially received nothing from his £1.5 million estate after his death. In a ruling handed down on 29 March this year, the... more >
The role of Fact Finding hearings in family proceedings
This week we examine the role of fact finding hearings in family proceedings. Fact finding hearings are sometimes required in family proceedings when it is necessary to get to the bottom of allegations between parties, when the truthfulness of these allegations might have a bearing on the outcome of the case. Frequently, the "facts" underlying the narrative are difficult to... more >
The Tightening of Domestic Abuse Legislation
Domestic abuse has been in the news again. A recent report released by the Fawcett Society, here, has found that violence against women and girls is 'endemic' in the UK. It considers that the legal system is failing women and needs fundamental reform. The report, which the Fawcett Society says is the first of its kind, calls for a number... more >
Early legal advice helps resolve legal problems sooner
Research conducted for the Law Society by Ipsos MORI shows a clear statistical link between seeking early legal advice and resolving legal problems sooner. “Without early advice, relatively minor legal problems can escalate, creating health, social and financial problems, placing additional pressure and cost on already stretched public services,” said Law Society vice president, Christina Blacklaws. Early legal advice, defined... more >