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The Review Issue 210

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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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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Grandparents within private children proceedings

As demographic and social change mean more grandparents getting involved in active parenting, what are their rights and what issues should family lawyers be looking out for?

Anyone reading the headlines of a number of broadsheet newspapers over the past couple of years could be forgiven for thinking that there is an imminent change of law to give grandparents greater rights in relation to their grandchildren. The truth is that no such change is expected in the near future, despite pressure from interested groups.

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Resolution Mediation Handbook

Good practice guidance for mediator members of Resolution. The handbook explains the principles of mediation, the requirements of the Family Mediation Council’s (FMC) Code of Practice and sets a framework for the conduct of consistent and high-quality mediation practice.

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Guidance Note on Religion and Family Law

It goes without saying we all want to practice law and dispute resolution in a non-discriminatory and culturally sensitive way. Beliefs, values and institutions are often specific to ethnic, racial and religious groups. Being culturally competent is part of our professionalism. Without this awareness we are amateurs and risk being ineffective in meeting the needs of our clients and securing the solutions that are required long term.

The aim of this Guidance Note is to explore different values and practices, and in doing so, to help you improve the experience of your clients in whatever process you practice, in respect of their faith, culture and belief.

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