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12 April 2024 / Caroline Bowden
Issue: 8066 / Categories: Features , Family , Mediation
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Family law: taking a different turn

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With FPR changes focusing on non-court solutions, Caroline Bowden suggests solicitors send clients to a MIAM, aim to settle and try to keep appropriate clients out of court
  • Sets out key changes and offers practical advice to family lawyers on the FPR changes, due to take effect from 29 April 2024.
  • There may be no new legislation to make mediation compulsory, but the changes are likely to have an impact on the way solicitors work.
  • Lawyers should aim to resolve client issues away from court, where possible.
  • Explains the exemptions to non-court dispute resolution.

Solicitors have a key role in steering their clients through to settlement. For too long, too many do so with a court-based mindset, even while conducting negotiations. However, in future all lawyers will have to pay more attention to the non-court space, as well as the pre-court space. If attempts at settlement via correspondence have broken down, or even if they never started, lawyers will need to think of every conceivable way of avoiding court, if at all possible.

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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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