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04 June 2015 / Geraldine Morris
Issue: 7655 / Categories: Features , Family
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There may be trouble ahead

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Geraldine Morris looks at the newly elected government’s plans & the potential impact on family law

So, the new government is the old one, but without their former coalition partners the Liberal Democrats. There were many policy aspects of the previous government that caused family lawyers concern, although of course there were some positive aspects too for others. The Conservative party’s second term provides them with an opportunity to follow through on policy developments started in their first term, as well as develop areas of reform they had alluded to previously such as human rights. The following is a summary of some areas of potential change.

Human rights

This is the big one. The government has said that it will seek to repeal the Human Rights Act 1998 (HRA 1998) and replace it with a UK Bill of Rights. Tory heavyweight, Michael Gove, has been appointed as Lord Chancellor reportedly as a man on a mission to see this through. Human rights are the lifeblood of family law; a few examples are:

  • A decision by a court to remove a child into public
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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

Freeths—Michelle Kirkland Elias

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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