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The Review Issue 206

With the outbreak of Covid-19 many of you will not be at your offices to receive your printed copy of The Review but help is at hand. For every issue we will be publishing the articles here in the Knowledge and Resources section of our website as well as the pdf of the printed version.

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What family lawyers need to know about criminal law: Introduction

As with most areas of contentious law, having to instruct a criminal or family lawyer is seldom a happy process for the client. Unfortunately, the nature of relationship breakdown means that all too often family proceedings result in the need for criminal advice. On occasion, it is the criminal proceedings that lead to family law problems. Corker Binning, specialists in Criminal, Fraud and Regulatory Law provide expert advice for family lawyers whose clients and cases may be impacted by criminal proceedings.

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Establishing a healthy client relationship in an online environment

Adele Ballantyne, Director of Eleda Consultancy and Marcie Shaoul Director of Rolling Stone Coaching have come together to talk about how to effectively build online relationships with clients. Both Adele and Marcie have extensive experience of working with clients online and their work depends on quickly building a trusting mutual relationship to allow forward movement for their clients. Here they share some simple, effective strategies for working from home so that you can get the best from your meetings and more importantly build easy and solid rapport with your clients in a virtual way.

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Deconstructing the marital pot

With the courts increasingly needing to establish historical values, robust accountancy approaches are required – but with active and passive growth, the springboard effect, and the general concept of fairness all in play, there is seldom one clear answer. 

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Working Remotely with Mediation Clients

As a result of the Coronavirus outbreak, all mediators have been faced with new challenges to the way in which they work. Very long held norms of face to face practice have been seriously disrupted and changed and it has meant that many of you will have moved to online and remote working and have done so at some speed in order to ensure continuing service to individuals and families.

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FRC hearings listed at the Central Family Court between 6th April – 1st May 2020

The current national public health emergency requires all financial remedy cases to be heard remotely unless personal attendance is absolutely unavoidable in the interests of fairness and justice. The court must prioritise urgent cases and those involving vulnerable parties.

These Directions apply to all cases listed on or after 6th April up to and including Friday 1ST May 2020

In each case to which these directions apply, there is permission to apply to the court to vary or set aside the directions, as it may apply in that particular case. Any such application shall be made to: cfc.fru@justice.gov.uk marked for the urgent attention of His Honour Judge O’Dwyer, District Judge Gibbons or District Judge Hudd.

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Blood out of a stone

A court-appointed receiver is a fairly draconian step, but is worth considering as one possible strategy for an unco-operative ex-spouse.

Sadly, it is not an uncommon scenario: following hotly contested divorce proceedings an order is made that requires one spouse to make financial payments over a period of months or years to the other.

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Privilege, confidentiality and illegitimately obtained documents

In November 2019 Mrs Justice Knowles delivered a further judgment in the long-running Akhmedova v Akhmedov litigation ([2019] EWHC 3140). The judgment is a helpful summary of the law in relation to the use of illegitimately obtained documents and the circumstances in which a prima facie claim to privilege can be overridden.

In this article we will explore the background to the case, the facts and issues that arose for determination by Knowles J, the law on illegitimately obtained documents and their use in financial remedy proceedings, the law on privilege, the fraud/iniquity exception to privilege, and the decision in this instalment of Akhmedova v Akhmedov. We will finish by providing some practical guidance for practitioners.

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