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20 March 2014 / David Burrows
Categories: Features , Family
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A work in progress (2)

In his exclusive online series David Burrows continues to puts the new family court under scrutiny & assesses its ability to deliver justice

These articles on the family court were planned at the turn of the year. It was thought then—not unreasonably at that stage—that a family court, intended to be in operation in April 2014, would have well-defined regulatory contours by March 2014.

We have primary legislation in place: Crime and Courts Act 2013, Sch 10 brings in the family court, and the Children and Families Act 2014 has royal assent (13 March 2014). For the family court, secondary legislation is still limited to two sets of Family Procedure (Amendment) Rules 2014 (SI Nos 524 and 667 both of 2014) laid before Parliament respectively on 10 and 18 March 2014. We have various “views” from the window of Sir James Munby P’s office (chambers). In All change (again), Geraldine Morris speculated as to what is to happen with the new court (eg its structure, children proceedings, court fees, marital agreements (a Law Commission report on pre-nups is due any day) etc).

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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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