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Browse \ Tags \ Family Law

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The Shabby State of Surrogacy Laws in the UK

Surrogacy laws, in their current state, have many unacceptable gaps. This has led to the judiciary having to creatively interpret the law, leading to a haphazard band-aid fix that doesn't match up with the clear language of the legislation. Reform by Parliament is needed.

11:00, 28th May 2019
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Film Review: 'The Children Act' - Does Justice Care?

The Children Act is the film adaptation of Ian McEwan's novel, the plot of which follows the interactions between a teenage Jehovah's Witness refusing a blood transfusion and the High Court judge tasked with deciding his case. This review considers how the perception of justice compares to reality.

18:00, 2nd September 2018
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Rethinking Foetal Personhood after the Refusal of Medical Treatment

Debates over foetal personhood are often fought in the context of abortion. However, the debate also arises where a mother refuses an emergency C-section. At present, the law here is unsatisfactory; a reform introducing a “best interests” test and extending the principle of necessity is needed.

11:00, 10th July 2018
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Guarding against Phoney Wills: Applying Formalities to Unsent Texts

English law requires that, in order for a document to be treated as a will, several formalities must be complied with. However, the Supreme Court of Queensland's decision to allow an unsent text to constitute a will shows how granting courts flexibility when applying such formalities is beneficial.

12:00, 28th November 2017
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Examining Divorce Law's ‘Intellectual Dishonesty’ in Owens v Owens

The Court of Appeal's decision in a case from earlier this year received significant coverage, as the judges' powerful criticism of the current law reignited a debate about its rationale. With the case set to hit the Supreme Court, our Editor in Chief examines whether it might be time for reform.

11:00, 11th August 2017
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For Whom the Bells Toll: The End of Civil Partnerships?

Statistics document a decline in homosexual couples formalising their relationships in Civil Partnerships since the legislation of gay marriage in the UK. While some argue in favour of an extension to heterosexual couples, the law should recognise that it is time for a divorce from the concept.

12:00, 27th January 2017
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On The Line: Domestic Violence, Contact and Estranged Parents

The government have shown a willingness to protect victims of domestic harm with legal aid, but are not using Child Arrangement Orders as effectively as they could to protect the victims of domestic violence. Should there be a presumption in favour of contact, or a presumption against contact?

11:00, 31st March 2016
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In Time: Access to Justice for Victims of Domestic Violence

The Court of Appeal has ruled that regulations which restricted the access to legal aid for domestic violence victims, based on Grayling’s flagship Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), are invalid and now must be amended. Amy Ling considers the judgment.

12:00, 15th March 2016
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Civil Partnerships: Are We All Equal Before the Law?

Since the Marriage (Same Sex Couples) Act 2013, same sex couples have been able to both marry and enter into civil partnerships. However, opposite sex couples have only the option of marriage (religious or civil). This clearly creates inequality in position; can the government justify it?

12:00, 2nd March 2016
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The Sanctity of Life? An Update on Abortion Law in Northern Ireland

On 30 November 2015, the High Court handed down judgment in a landmark judicial review brought by the Northern Ireland Human Rights Commission on the matter of abortion law. The ground breaking decision could be the first step to bringing Northern Irish law in line with the rest of the UK.

12:00, 14th December 2015
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The Rise of Cohabitation Agreements

Between 1996 and 2012 the number of unmarried couples living in the UK has doubled to reach three million. With it, the popularity of cohabitation agreements has grown. With this in mind, when is such an agreement legally binding, and how does it compare to marriage or civil partnership?

11:00, 7th September 2015
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Should we talk about “rights” and “justice” within the family?

Human rights are correctly recognised by many as an international idea; one that is universal to all human beings. However, something that is less clear is how far horizontal effect of human rights extends. In the UK human rights apply between citizens, but what about within the family?

11:00, 20th August 2015
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Is it time to allow enforcement of surrogacy agreements?

Surrogacy is increasingly seen as a 'mainstream and accepted way of building a family'. Given this, there is likely to to be a year on year increase in the number of couples looking to surrogacy. However, surrogacy in the UK is a legal minefield. Is it finally time to legitimise surrogacy?

11:00, 24th June 2015
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Free DNA Testing In Family Courts

In a move to combat drawn out proceedings by providing swift certainty as to paternity, DNA tests are to be made available free of charge in family court proceedings from September 2015. Whilst this appears to be a positive move, it is not without flaws. Are DNA tests during proceedings too late?

11:00, 27th May 2015
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