Changes to public law

first_imgThe pressures on the public purse as much as those of the present Conservative government have brought about yet more radical changes to public law proceedings. To echo the words of Sir James Munby, the president of the Family Division: ‘The family justice system is undergoing the most radical reforms in a lifetime. The process of reform is little short of revolutionary.’ For those on the coalface, these changes can of course be both exhausting and exhilarating. At every level of the family justice system there is a sense that the goalposts have been moved. It will be incumbent on family practitioners to do all they can to ensure that fairness is not compromised in this brave new world. There is the creation of the new Family Courts (expected in April 2014); the recent policy and legal developments culminating in The Children and Families Bill 2013 (CAFB 2013) and a further assault on legal aid, resources and funding. From 1 July a pilot Public Law Outline (PLO) for care, supervision and other Part 4 proceedings will be introduced. The pilot will run until 1 April 2014 and aims to enable courts in specified areas to implement a proposed 26-week time limit to proceedings. At present the national average for care proceedings is 47 weeks. The clear message is that 26 weeks will not be a target, but a maximum requirement imposed by parliament. On 30 May the pilot PLO and accompanying practice direction were circulated by the president and some of the key points are as follows: There is a distinction between Local Authority documents to be filed with the court, to be served on the parties and to be disclosed on the request of the parties. Documents over two years old are not to form part of the LA’s evidence unless reliance is placed upon them. Threshold documents will be limited to two pages only. Courts will make standard directions on issue which effectively replace the directions commonly made at the first appointment. Children’s guardians will be required to complete a Case Analysis both in the early and later stages of proceedings. The case management hearing is to be held no later than day 12. This is intended to deal fully with case management issues and it will not be routine for a further case management hearing to take place. Advocates’ meetings, including any litigants in person, will take place prior to the case management and issues resolution hearings and it is intended that they play a greater role in determining the issues. There is scope for extensions to the 26-week limit if the court considers it necessary to enable the court to resolve issues justly. Jason M Hadden MBE, is a barrister at St Ives Chambers in Birminghamcenter_img Extensions will be for up to eight weeks and there is no limit on the number of extensions which can be granted. The approach of the Appeal Courts to robust case management decisions will be eagerly awaited and will, of course, have a huge impact on whether the 26-week time is achievable. One other significant rule change which will have a considerable effect in the 26-week time limit is the question of experts in family cases. The amended Family Procedure Rules 2010, Part 25 (and associated practice directions) (in force since 31 January 2013) provides: R25.1 Expert evidence will be restricted to that which in the opinion of the court is necessary to assist the court to resolve the proceedings. The clear consequence of the 26-week time limit and the amended Part 25 direction is that Court must seek to rely far less on external expert evidence in family proceedings. Greater reliance will be given to the two experts already employed in each case, namely the Local Authority social worker allocated to the case and the children’s guardian. It will obviously increase still further both their workload and the pressure on their role in the proceedings. It will also make the work of the advocate representing the parents at trial all the more important. This point on limiting the use of expert evidence was recently echoed by the president sitting in the Court of Appeal in Re TG (A Child) [2013] EWCA Civ 5, where he re-affirmed that in every case it will be for the case management judge to assess and evaluate the degree of likelihood that a particular expert’s evidence will or will not be of assistance to the court in determining the relevant issues. What has become a problem for many practitioners recently has been even if they can persuade a case management judge to allow them to instruct an expert, then the Legal Aid Agency will refuse to grant prior authority for the preparation of an expert report and give no reason for refusing the same. This matter was considered by way of a judicial review in the matter of R (on the application of T (by their Guardian & litigation friend Sue Clarkes) v Legal Aid Agency & (1) Ealing London Borough Council (2) Parents of T1-T6 (interest parties) (2103) [2013] EWHC 960 (Admin). Collins J, held that where a judge was satisfied that an expert was necessary then it seemed that the Legal Aid Agency should only refuse to give prior approval if it had very good reason to do so. That if there was a good reason to reject it in whole or in part, the LAA should engage with the court. If the judge, having considered the LAA’s representations, maintained his decision it was difficult to see how a continued refusal to give effect to it could be other than unreasonable. Whilst this is clearly positive news for practitioners, for the reasons set out above it may well be just that little bit harder to persuade the case management judge to make the original Part 25 order for the expert in the first place. The burden on the parent (and indeed their lawyers) will clearly become much more difficult, with more expected to be done quicker and with only limited resources. Added to this is the enormous stress on the courts as a rule of the recent changes to legal aid in private law proceedings (a false economy as to savings both in the short and long term). These are clearly interesting times.last_img read more


Chelsea could get involved in strange defender exchange, player would enjoy…

first_imgIt involves Chelsea and left-backs, currently holding the rights to both Marcos Alonso and Emerson Palmieri, both Antonio Conte purchases.While the Spaniard has found some joy under Maurizio Sarri, who moved César Azpilicueta back to the right hand side of the defence, the Brazil born Italy international has not.This has led, in recent weeks, to a few stories of a potential exit emerging, as Inter were said to be interested in Palmieri’s services.Embed from Getty ImagesHowever, Gazzetta dello Sport, who also ran the previous story, explain Juventus are now taking a look at the left-back as Leonardo Spinazzola could leave on loan, while Chelsea, down their end, are one of the many teams interested in Juventus left-back Rogério (on loan at Sassuolo).Still with us?So this is what could happen: Chelsea buy Rogério for €20m (Juventus want to cash in), Leonardo Spinazzola (Juventus’ current backup left-back) goes out on loan and the Italians buy Emerson Palmieri to fill the holes.We doubt this will happen, but the interest is apparently there, and since the Chelsea defender is barely playing these days, he might be open to being Alex Sandro’s backup in Italy, where he’d apparently quite like to Taboolaby TaboolaSponsored LinksSponsored LinksPromoted LinksPromoted LinksTrending TodayForge of Empires – Free Online GameIf You Like to Play, this City-Building Game is a Must-Have. No Install.Forge of Empires – Free Online GameUndoPremier Diamond BoutiqueHong Kong’s first lab-grown diamond empirePremier Diamond BoutiqueUndoRaid: Shadow Legends | Free DownloadEven Non-Gamers Are Obsessed With This RPG Game (It’s Worth Installing!)Raid: Shadow Legends | Free DownloadUndoDating.comThe Most Handsome Men In Hong Kong On This Dating SiteDating.comUndoPerfect-Dating.comReveal Tung Chung As The Best City to Date for Love & RomancePerfect-Dating.comUndoKeto减肥1個簡單的妙招一夜「融化」腹部贅肉(今晚試試)Keto减肥UndoCNBC InternationalHere’s How Big Businesses in Singapore Are Managing the Impact of COVID-19.CNBC InternationalUndo熱門話題小心會長過頭…網友推爆:「真的長得超誇張!」熱門話題UndoSingles50Hong Kong: A 40+ Dating Site That Actually Works!Singles50Undo Once in a while, a story comes along that raises all of the eyebrows, and Gazzetta dello Sport on Tuesday are kind enough to provide it this time around.last_img read more


Tiger Woods Pulls Out of Next Two Tournaments over Back Spasms

first_img Related Phil Ellsworth / ESPN Images(NEW YORK) — Ongoing back spasms is keeping Tiger Woods from competing in his next two scheduled tournaments.“My doctors have advised me not to play the next two weeks, to continue my treatment and to let my back calm down,” Woods, 41, said in a statement Friday. “This is not what I was hoping for or expecting.”Woods began suffering from the back pain last week while he was competing in the Omega Dubai Desert Classic. He ended up withdrawing form the tournament before he began his second-round of play.He will now skip the Genesis Open next week in Pacific Palisades, California, and the Honda Classic in Palm Beach Gardens, Florida the following week.“I am extremely disappointed to miss the Genesis Open, a tournament that benefits my foundation, and The Honda Classic, my hometown event. I would like to thank Genesis for their support, and I know we will have an outstanding week,” Woods said.Copyright © 2017, ABC Radio. All rights reserved.Powered by WPeMaticolast_img read more


Down Went Griffin and up went the Redskins

first_imgIt was the old RG3. He was running from scrimmage and making folks miss. His throws were on target. Come on DeSean Jackson you should have had that first bomb. Now to be fair, Griffin still holds the ball too long for his own good.It was the first home game for the Skins. And both Griffin and Jackson went down with injuries. So what did Washington do? They scored 35 more points than they did in week one. It’s important to have a decent back up quarterback. And the Skins have a good one in Kirk Cousins.OK, so Jacksonville is no good. That still didn’t explain how the Griffin and Jackson-less Skins blew that team out of the water.The Skins won their first game going away to the tune of 41-10. It was so ridiculously one-sided. We won the first down battle 32-8. We ran 81 plays to 48 for the visitors. And maybe the big news is our defense played well for the second week in a row.Cousins didn’t miss a beat. We knew he was good last year. So he fires down field to an open Darrel Young and we are up 7-0 after one quarter.In the meantime, our defense is lockdown. We get hits on the QB from the always reliable Brian Orakpo and my personal favorite, Perry Riley Jr. I also like this David Amerson fellow. Not big fan of his school, (NC State) but Tim Stoddard, David Thompson and Tommy Burleson all went there. I’m a Maryland grad.Another good pick up in the offseason is the Citadel grad, Andre Roberts. He’s so versatile. He returns punts and the rare kickoffs and he can catch the ball on offense, too.Our old pal, Alfred Morris gave the second scoring drive a boost as he chewed up yardage. We also got some help from tight end, Niles Paul, who played well. Morris took it from there and it was 14-0.Our defense was soon entering the Jaguars record books. Ryan Kerrigan (another good player) and Riley registered sacks. In the meantime, the offense was getting help from Cousins to Roberts. Morris punched over from the one and the Skins were up three scores.And then Rambo blows another one. This Bacarri Rambo fellow may not be ready for the NFL. In two weeks, he has looked worse than my late Grandma defending the pass on touchdown plays. Yes, those nutty fans would have performed better than the Mr. Rambo (great name).We scored 17 points in the fourth quarter aided by Kai Forbath’s field goal leg. We got so far ahead that one Silas Redd saw some action at running back. And he scored.Sounds like Jackson might play next week against Philly. Cousins will get the start as Griffin needs time to rest his weary ankle. Please follow and like us:last_img read more