Family Law Week December 2011 - 1 December 2011 News 1 report, the decision will provide clarity Analysis NEWS for countless couples who buy property together about whether and, if so, how Finance & Divorce Update 23 Jones v Kernott: Supreme Court their original agreements can be Autumn 2011 judgment to be delivered on reinterpreted by a court months or years Mesher Orders in Practice 26 Wednesday, 9 November later on the basis of what might be considered fair. Depending on the Jones v Kernott – Another 29 The Supreme Court will deliver its judgment, it may be that family lawyers helping of the witches' brew? judgment in Kernott v Jones on who specialise in this complex area will be advising clients that living together Wednesday, 9 November. The case was The Proceeds of Crime Act 32 heard in May 2011 by Lord Walker of agreements and declarations of trust are 2002 in Financial Remedy Gestingthorpe, Lady Hale of Richmond, essential if they are not to be prejudiced Proceedings Part 1. if the relationship breaks down." Lord Collins of Mapesbury, Lord Kerr of The Proceeds of Crime Act 37 Tonaghmore and Lord Wilson of 2002 in Financial Remedy Culworth. The judgment in the Court of Appeal can Proceedings Part 2. be read here. One step forward, one step 42 The issue which the Supreme Court will back: Jones v Kernott decide is "whether a court can properly An article by Rebecca Bailey-Harris and 45 infer an agreement by an unmarried John Wilson (Hang on a Minute! (Or is Alternative Methods of Family Dispute Resolution couple, who hold a property in equal Kernott the new White?)), can be read here. shares at the date of their separation, to Cases the effect that thereafter their respective beneficial interests should alter." In C (Children) [2011] EWCA 48 determining the outcome, the Supreme Norgrove Review criticises Civ 1230 Court will review the decision by the G v M [2011] EWHC 2651 ‘damaging delays’ in family (Fam) House of Lords in Stack v Dowden [2007] justice system A Local Authority v PB and P UKHL 17. [2011] EWHC 2675 (CoP) The Family Justice Review panel, under The judgment and Supreme Court's AR v AR [2011] EWHC 49 the chairmanship of David Norgrove, has 2717 (Fam) summary will be published on the announced a package of Jones v Kernott [2011] Family Law Week website as soon as recommendations aimed at tackling UKSC 53 they are available on Wednesday. Family delays in the family justice system and to Law Week will alert all of its email A v B [2011] EWHC 2752 50 make sure that children and families are (Fam) subscribers by email as soon as that has given the service they deserve. The been done. Review can be read here. BJ v MJ (Financial Remedy 51 OverseasTrusts) [2011] EWHC 2708 (Fam) Family Law Week is delighted to The key recommendations are: announce that an article setting out initial thoughts and possible implications of Ÿ D (Children) [2011] EWCA 52 A new six month time limit in Civ 1294 the judgment, written by leading care cases so delays are Cheshire West & Chester barristers Rebecca Bailey-Harris and significantly reduced Council v P [2011] EWCA Civ 1257 John Wilson QC, both of 1 Hare Court, Ÿ Enabling people to make their will be published on the Family Law own arrangements for their Z v Z (No2) [2011] EWHC 53 Week website very soon after the children when they separate, 2878 (Fam) judgment has been released. Re T v T (Occupation and only use courts when Orders, Brussels I and necessary Protective Measures) Alison Hawes, a partner with irwin Ÿ Overhauling the family justice [2010] EWHC 3776 (Fam) Mitchell, empahasised the importance of system so that agencies and the forthcoming judgment. professionals work together A and L (Children) [2011] 54 EWCA Civ 1205 with greater coherence to "In the context of the government saying R (SA) v Kent County improve the experience and Council [2011] EWCA Civ they will not act on the Law Commission 1303 LB of Tower Hamlets v BB 55 Family Law Week is published by GENERAL EDITOR [2011] EWHC 2853 (Fam) Stephen Wildblood QC Law Week Limited W (A Child) [2011] EWCA 56 Greengate House Deputy Editor Civ 1362 87 Pickwick Road Claire Wills-Goldingham A London Borough v O and Corsham Albion Chambers Others [2011] EWHC 2754 SN13 9BY (Fam) Tel & Fax: 0870 145 3935 R (AS) v London Borough of 57 Croydon [2011] EWHC 2091 (Admin) www.familylawweek.co.uk Family Law Week December 2011 - 2 outcomes for children and system for children and children when parents divorce. This is families. families the most comprehensive and far- Ÿ More judges who are reaching review of the family justice These recommendations follow the specialists in family law to system since the Children Act in 1989. independent review panel findings hear cases from start to finish The final review has now been formally that the current system of family justice to ensure consistency and presented to the Ministry of Justice, is under huge strain. The panel confidence in the system Department for Education and the concluded that rising caseloads Ÿ A simplified court structure Welsh Government for consideration. coupled with incoherent organisation making it easier for people and processes are causing damaging using the courts to know The Review can be read here. delays for children and families. It where to go takes on average over a year for an Ÿ More child focus and better outcome in a care case. The backlog of training for professionals to Professional groups welcome cases in the public law system means make sure children's views the key proposals of the that there are around 20,000 children are heard. waiting for their futures to be decided. Family Justice Review Changes to public law (protecting David Norgrove, chair of the Family children and taking them into care) to The Bar Council, Law Society, Family Justice Review, said: deliver more quickly for children: Law Bar Association and Resolution have all welcomed the main proposals 'Our package of Ÿ A six month time limit for all contained in the final report of the recommendations to the cases, save in exceptional Family Justice Review, chaired by Government and the judiciary circumstances David Norgrove. However, all of these will make the current family Ÿ Less reliance on unnecessary bodies have also questioned whether justice system more effective. expert witnesses and reports the vision set out in the Review is We need to eliminate the Ÿ Refocusing the courts on the achievable if the Legal Aid, Sentencing shocking delays in the system. core issue of determining and Punishment of Offenders Bill whether the child should go enters the statute book in its current 'This is why we are into care. form. The Bill has recently completed recommending legislation to its passage through the House of ensure that child protection Changes to private law (arrangements Commons. cases must not be allowed to about children and money following take any more than six months, separation), to create a simpler service By contrast, Families Need Fathers save in exceptional for families who are separating, aimed considered the proposed reforms circumstances. at helping them and their children inadequate to address 'the deep-seated focus on reaching a safe, joint problems at the heart of the family 'We also propose better ways agreement, if possible, without going justice system'. for parents to be helped to keep to court: the focus on their children as The responses are set out in detail they separate, with information, Ÿ A single online and phone below. education and mediation, and help service to make it court action only if all that fails. simpler for people to decide Bar Council and the Family Law Bar Association the most appropriate way The Bar Council and the Family Law 'Every year 500,000 children forward and increase clarity Bar Association (FLBA) have and adults are involved in the of understanding welcomed the key proposals of the family justice system. They Ÿ Use of Parenting Agreements Family Justice Review, contained in the turn to it at times of great stress and a new 'child final report published today. They and conflict. It must deliver the arrangements order' to bring have, however, voiced concerns about best possible outcome for all the together arrangements for its ambitious vision of the future of children and families who use children's care after family justice in the face of drastic it, because its decisions directly separation, focusing on the proposed cuts to family legal aid. affect the lives and futures of all child rather than 'contact' and those involved, and have 'residence' The Bar Council and FLBA have repercussions for society as a Ÿ Increased provision of pointed out that the report is published whole.' mediation to prevent cases as the Legal Aid, Sentencing and going to court unnecessarily. Punishment of Offenders Bill The panel recommend: completes its passage through the The panel declined to recommend a House of Commons almost completely A simpler system to deliver an presumption of shared parenting intact, moving on to the Lords improved service: arrangements. complete with provisions to remove private family law, almost in its Ÿ The creation of a Family The independent panel was appointed entirety, from the scope of legal aid. Justice Service to make sure to review the whole of the family agencies and professionals justice system in England and Wales, Stephen Cobb QC, Chairman of the work together to make looking at all aspects of the system FLBA, said: positive improvements in the from court decisions on taking children into care, to disputes over contact with www.familylawweek.co.uk Family Law Week December 2011 - 3 "The final report of the Family On 16 November, Stephen Cobb QC been in need of reform.