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23 October 2014 / Ellen Lucas , Caroline Bowden , Kim Beatson
Issue: 7627 / Categories: Features , Legal aid focus , Family
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Family law in crisis: Pt II

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Kim Beatson, Caroline Bowden & Ellen Lucas chart the ongoing chaos in family law proceedings

In February 2014 we reported that cuts to legal aid had thrown family proceedings into chaos (see “Family law in crisis", 10 February 2014). Six months later we are sad to confirm that the chaos continues.

In March 2014 the case of VR (Children: Temporary Leave to Remove from Jurisdiction) [2014] EWHC 643 (Fam), [2014] All ER (D) 165 (Mar) came before His Honour Judge Clifford Bellamy, sitting as a deputy judge of the High Court. Here the mother sought the court’s permission to take the children (aged 7, 6, 4, and 3) on a trip to India to visit relatives. The Legal Aid Agency (LAA) refused to fund a report from an expert on Indian family law in spite of repeated directions that the court considered the report to be essential.

The LAA’s blatant disregard of the court case management directions was not the main point in the case but, nevertheless, Bellamy J directed that

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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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