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12 September 2019 / Graeme Fraser
Issue: 7855 / Categories: Opinion , Family , Divorce
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Back to square one?

Graeme Fraser shares ten family law priorities with the new Lord Chancellor…for when Parliament returns

The suspension of Parliament this month leaves a significant body of unfinished business yet to make it through the halls of Westminster, including the Divorce, Dissolution and Separation Bill, which many of us hope to see reintroduced as soon as normal service is resumed. With some time on his hands to contemplate his in-tray during the party conference season, here are some suggested reforms for the recently appointed Lord Chancellor and Secretary of State for Justice, Robert Buckland QC, on how he could help improve access to justice, and equality of arms in the family law courts and the wider legal family.

No fault divorce

When the government introduced the Divorce, Dissolution and Separation Bill, it promised to reform the divorce process to remove the concept of fault. With the prorogation of Parliament on Monday night, this unfortunately means the Bill will not proceed any further. Considering the existing support for this Bill across the House, the judiciary and the public, this must be reintroduced quickly

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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