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20 September 2018 / Graeme Fraser
Issue: 7809 / Categories: Opinion , Divorce , Family
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Reflections on the state of family law

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It is time for ministers to join the judiciary in recognising the realities of family life in 2018, says Graeme Fraser

This year has seen momentum grow towards family law reform following a series of landmark Supreme Court decisions. Until now, this has not prompted the government to change the law, with ministers instead opting to take soundings.

Supreme Court hattrick

The Supreme Court comprises the most specialist and experienced family law bench in living memory. The nation’s highest court is routinely adjudicating issues resulting from outdated family laws. This government has no choice but to take heed of three of the court’s most recent findings.

In May, the government was criticised in R (on the application of Steinfeld and Keidan) v Secretary of State for International Development [2018] UKSC 32, [2018] All ER (D) 145 (Jun) for being discriminatory in its delay in deciding whether or not civil partnerships should be extended to heterosexual couples.

In July, Lord Wilson expressed ‘uneasy feelings’ and Lady Hale found it ‘very troubling’ that 68-year-old Tini Owens remains in a loveless unhappy

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

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International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

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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