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26 February 2009 / Stephen Gold
Issue: 7358 / Categories: Legal News , Divorce , Child law , Family
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Violent continuity

Family

The judge who deals with a fact-finding hearing in residence and contact cases—normally on whether or not there has been domestic violence— should also take the final hearing. Exceptions may only be made where that would cause delay and child detriment would outweigh fair trial detriment. The President’s Practice Direction on these hearings of 9 May 2008 (see NLJ 158, 7326, p 893) has been beefed up by his revision of 14 January 2009 [2009] All ER (D) 122 (Jan) to reflect the decision of the House of Lords in Re B (Children) [2008] 4 All ER 1. The same principles should be followed in the family proceedings courts.

Issue: 7358 / Categories: Legal News , Divorce , Child law , Family
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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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