National Surrogacy Week: an analysis of H v United Kingdom
Extended feature: commentary on H v United Kingdom In the second article in the National Surrogacy Week series, Natalie Sutherland, partner at Burgess Mee Family Law, looks at a European Court of Human Rights case which involved a young girl born through surrogacy. The girl took the UK Government to Strasbourg claiming that she had […]
Is there a place for Separation Agreements now that the divorce laws have been changed?
Prior to the introduction of the no-fault divorce this year, many separating married couples who managed to reach an out of court financial settlement at an early stage of their separation historically chose to enter into Separation Agreements – a legal document drawn up by family lawyers. This document would typically reflect the financial arrangements […]
How family businesses can weather the emotional and financial storm of divorce proceedings
The Ministry of Justice has released statistics which show that there has been a sharp increase in the number of divorce applications that have been made since the last quarter, and the impact of a divorce on a family business cannot be underestimated. The English Family Courts have extensive powers to order the sale and […]
Update to the closure of the Solicitors Indemnity Fund
I have previously written about the SRA’s proposed closure of the Solicitors Indemnity Fund. The overwhelming response to the SRA’s consultation which ended in February 2022 was for the fund to remain open and as a result the fund was given a further year until September 2023. Since February 2022, the SRA have been consulting further. […]
Police domestic abuse training uptake astonishingly low, research finds
New research has revealed that uptake of domestic abuse case handling training by police forces in England and Wales is patchy at best, with nine forces having trained zero of their officers. Indeed, just one force – Lancashire police – has trained all its officers in the training recommended by the College of the Policing, […]
National Surrogacy Week: an analysis of Jennings v HFEA [2022]
Extended feature: commentary on Jennings v Human Fertilisation and Embryology Authority [2022] EWHC 1619 (Fam) To mark National Surrogacy Week (1st to 7th August), Natalie Sutherland, partner at Burgess Mee Family Law, considers recently reported cases that deal with the tricky issues arising out of surrogacy. These cases often tackle novel aspects of this modern […]
How will a court deal with business assets on divorce?
The value of business assets will be taken into consideration on divorce or dissolution of a civil partnership. As part of the financial disclosure process, it will be necessary for parties to provide copies of the full sets of the financial accounts for the business for the last two years together with details of all […]
Legaltech adoption sees “40% of firms” receive PII discount
During a recent legaltech panel discussion hosted by Women in Wills, it was suggested that up to 40% of firms are receiving a discount on their professional indemnity insurance (PII) renewal due to their adoption of legaltech. The panel consisted of Rob Hosier, Sarah Keegan, Emma Baddaley and Pippa Shepherd, focusing on three key areas: […]
Wedding law reform: dreaming of your perfect “I do”
The Law Commission of England and Wales has announced recommendations to reform wedding laws, which it says is to give couples more choice over where and how their wedding takes place. Current law The Marriage Act 1949 governs weddings in England and Wales. It details everything from the types of ceremonies, the type of building […]
The Ombudsman’s corner: 22nd July 2022
When I speak to service providers I often get asked to advise them on what their approach should be if, having received a complaint from a client, they find that things had gone wrong and they have to uphold the complaint. How should they then put things right? At the Legal Ombudsman our approach, when […]
“National scandal” – vulnerable children illegally placed into unregulated homes
An investigation by BBC News has discovered that at least 120 children in care have been illegally placed in unregulated homes in England. Chief-executive of Become, a charity for children in care, Katharine Sacks-Jones, claimed the discovery was “a national scandal”. 50 local authorities admitted to placing 120 children in unregulated homes. However, this number […]
Solicitor issues warning over “DIY” sperm donor agreements
A Scottish family law expert has issued a warning to those considering a “DIY” sperm donor agreement instead of going through regulated clinics. Tom Quail, family law specialist at Wright, Johnston & Mackenzie LLP, says as the unregulated sperm donation market continues to grow and more people opt for private arrangements, greater awareness of the […]
Law Society: vulnerable “must be protected” as key guidance changed
It is vitally important that people who may not have capacity to make decisions about their care do not lose essential protections, the Law Society of England and Wales said in its response to the UK government’s consultation on proposed changes to the Mental Capacity Act 2005 (MCA) Code of Practice. Law Society president I. […]
Survey: winning more profitable work and pricing for value
Shaun Jardine of Big Yellow Penguin has teamed up with The Thriving Company to gain insights into how different pricing approaches affect professional services firms’ profitability. Results will be circulated to the participants of the survey in mid-September. Participants will gain access to insights that will help them improve profitability, as well as gain more […]
Extra funding in civil and family legal issues only scratches the surface
Funding provided to charities and legal advice centres in civil and family legal disputes is welcomed by the Law Society of England and Wales, who warned there must be proper investment in the whole legal aid system to provide effective access to justice. The Ministry of Justice (MoJ) has pledged around £4 million to charities […]
Lawyers and consumers wary of lawtech, research reveals
New research jointly commissioned by the Legal Services Board (LSB) and the Solicitors Regulation Authority (SRA) explores the attitudes of the public and solicitors towards using technology to deliver legal services. It showed that the public is generally willing to use technology that is well-established and familiar to them such as video consultations (66%), and e-signatures […]
Hybrid working here to stay – is it the best of both worlds?
The ONS has published an article looking at the role of hybrid working in future: Is hybrid working here to stay? – Office for National Statistics (ons.gov.uk). Sarah Coles, senior personal finance analyst, Hargreaves Lansdown, gave her thoughts on the merits of hybrid working: “Hybrid working promises the best of both worlds, but as prices rise, […]
Law Society: “sustained investment needed for courts to recover”
The Justice Committee published the UK government’s response to its report into court capacity last week. Sustained investment is required to enable the overstretched justice system to recover from years of underfunding and cuts, exacerbated by the pandemic, warns the Law Society of England and Wales. Court backlogs and legal aid “Courts are now operating […]
Summer holidays for separated parents
With school summer holidays fast-approaching, parents will be making plans for their children. For separated parents, this may be a stressful time, particularly when there isn’t an amicable relationship with an ex-partner and you need to try to reach an agreement. Here are some tips for separated parents on how to achieve the best arrangements […]
55% of lawyers received pay rise over the last year
The fight for law firms to retain top performers and attract new talent remains a constant challenge, according to new research from legal recruiter Clayton Legal. Alongside multi-faceted socio-economic factors and a changing competitive environment, firms are also competing with the fact that there are fewer active candidates on the market, as well as some […]