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Family proceedings – Orders in family proceedings. The husband maintained that the wife was debarred from proceeding by virtue of an agreement to mediate made in November 2011. The wife disputed that. She maintained that the court could not force or coerce her to mediate, whatever she might have agreed. Following consideration of alternative dispute resolution in the civil field and ADR in the family sphere (FDR) as governed by the Family Procedure Rules 2010, the Family Division held that the parties remained bound by their agreement to mediate, however, it could not be given effect so as to prevent the wife from applying for enforcement until and unless mediation had taken place. A bar of that nature would operate as a restriction on the right to apply to the court. The most that could be done in balancing the obligation to mediate under the agreement and the right of access to justice was for an adjournment to be ordered for a specified period to give the parties a final opportunity to engage in ADR.
Family proceedings – Orders in family proceedings. The husband maintained that the wife was debarred from proceeding by virtue of an agreement to mediate made in November 2011. The wife disputed that. She maintained that the court could not force or coerce her to mediate, whatever she might have agreed. Following consideration of alternative dispute resolution in the civil field and ADR in the family sphere (FDR) as governed by the Family Procedure Rules 2010, the Family Division held that the parties remained bound by their agreement to mediate, however, it could not be given effect so as to prevent the wife from applying for enforcement until and unless mediation had taken place. A bar of that nature would operate as a restriction on the right to apply to the court. The most that could be done in balancing the obligation to mediate under the agreement and the right of access to justice was for an adjournment to be ordered for a specified period to give the parties a final opportunity to engage in ADR.
Update from the Chair of the Bar
By David Green
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, examines the forensic science underpinning hair drug testing, its evidential scope and limitations, and why it remains the gold standard for evidencing patterns of drug use in family proceedings
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Clement Cowley, Partner at The Penny Group, discusses the upcoming changes to pensions and Inheritance Tax and the potential impact on your financial future
Save the Children UK is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
James McNeill Whistler at Tate Britain until 27 September Rothko in Florence at Palazzo Strozzi until 23 August Reviewed by Stephen Cragg KC
The Chief Legal Officer to the Metropolitan Police, barrister Brett Welch, tells Anthony Inglese CB about his mission and the work to turn the Met around
Barrister apprenticeships – shortly to provide the fourth pathway to the Bar – are an ideal opportunity to support local talent and ‘grow your own’, say Tim Coulson and Dr Jane Dennehy
Grok around and find out – or not? Mariya Peykova investigates the nudification scandal, what the law has to say about sexually explicit deepfakes, and whether stronger regulation is needed
Oliver Lewis spotlights an overlooked yet rapidly evolving area of law – coercive and controlling behaviour within care contexts
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