Bloomsbury Family Law Briefing: July Teaser

Care Crisis Review: Family Rights Group and Sir Andrew McFarlane

The Family Rights Group has published its review of care proceedings; and this was introduced by the next Family Division President, Sir Andrew McFarlane. This article summarises the Review itself, and Sir Andrew’s introduction to it. It then goes on to consider one or two areas for reform of appeals in children proceedings and touches on how children may express their views to the court (a topic also reviewed in Children’s views and evidence by David Burrows, Bloomsbury Professional, 2017 https://www.bloomsburyprofessional.com/uk/childrens-views-and-evidence-9781526503176/).

Top five cases

R, ota Steinfeld and Keidan v Secretary of State for International Development) [2018] UKSC 32 (27 June 2018) – The Applicants were entitled to a declaration under Human Rights Act 1998 that ss 1 and 3 of Civil Procedure Act 1997 (to the extent that they preclude a different sex couple from entering into a civil partnership under the 1997 Act) are incompatible with article 14 of ECHR taken in conjunction with article 8 of the Convention.

Re S & H-S (Children) [2018] EWCA Civ 1282 (6 June 2018) – Significant harm to 2 year old child, based on previous proceedings: sufficient for a finding of significant harm. The judgement lacked ‘precision and clarity’, but the appeal was disallowed.

Northamptonshire County Council & Anor v The Lord Chancellor (via the Legal Aid Agency) [2018] EWHC 1628 (Fam) (5 June 2018), Francis J – Legal aid statutory charge and HRA 1998 damages: where now?

Bruzas v Saxton [2018] EWHC 1619 (Fam) (21 June 2018), Holman J – Were documents released by a paralegal to the court covered by legal professional privilege; and what should the court have done on receipt of them. Over for trial to the President of the Family Division.

Zipporah Lisle-Mainwaring Appellant v Associated Newspapers Limited [2018] EWCA Civ 1470 – A prospective appellant permission to appeal must be requested of the lower court ‘at the hearing at which the decision to be appealed was made’.'

David Burrows

July 2018

Family Law Briefing is part of the Bloomsbury Family Law Service. The full briefing is available here.

Written by Ellie MacKenzie

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