/news/ en dh@iflg.uk.com Copyright 2008 2008-07-09T17:02:00+00:00 http://www.iflg.uk.com/en/news/rome-iii-applicable-law-eu-proposals-scrapped/ http://www.iflg.uk.com/en/news/rome-iii-applicable-law-eu-proposals-scrapped/#When:17:02:00Z News reaches us that the dramatic changes proposed by the EU in July 2006, and originally to be in force from March 2008, have been shelved. They would have fundamentally changed English family law so that we no longer applied our own English law but the laws of many other countries. Rome III is a draft legislation proposed by the European Union in mid 2006 intended to come into force across the European Union in March 2008 and requiring all European Union countries to adopt in divorce and ancillary financial matters not necessarily the law of the land, English law in England, but the law of the country with which the couple concerned in the family law proceedings had the closest connection. So a French couple living long-term in England would have their divorce and financial proceedings in England decided by an English judge and English lawyers applying French law. It would not be limited to the European Union families. An Australian couple or a Nigerian couple getting divorced in England where they have presently jurisdiction would have Australian or Nigerian law applied. This presents colossal problems in practice with knowing what is the relevant foreign law and how it would be applied in the particular circumstances of the case and differentiating between the law itself and the procedure. News has been reaching us over the past couple of weeks that the draft legislation has been shelved by the European Union. This was first posted by the Law Society Brussels office which is invariably very reliable and follows closely the European Union developments. However there was no official confirmation. From our own inquiries, it has now been confirmed to us by a senior judicial source and a senior government source. Accordingly we decided that the time was right to post this information. It is thoroughly to be welcomed. The proposed change would have had probably the greatest transformation on English family law for a century. It would greatly have added to the costs of resolving a case, added greatly to the delays of resolution and made it much more difficult to settle cases because of the uncertainty of what was the foreign law. We are very pleased. We have been campaigning against the introduction of applicable law for several years. However other legislation coming from Europe also features applicable law yet this is legislation which is desperately needed, such as improved reciprocal enforcement of family law financial orders across Europe. We hope very much that a way can now be found to introduce this legislation without the necessity of also imposing applicable law. We continue to urge the European Union law reformers to amend the jurisdictional provisions in Brussels II by creating a hierarchy of jurisdiction for divorce. This would show the country with the closest connection to the family and this country would then deal with the divorce and other family law proceedings. In such a way, the race to issue in Brussels II which is so hated and so contrary to the whole ethos of settlement orientated resolution and reconciliation opportunities, would no longer be required. Also applicable law would no longer be an issue as the country with the closest connection to the family would apply its own local law. If you require any further information on this, please contact David Hodson at iFLG 2008-07-09T17:02:00+00:00 http://www.iflg.uk.com/en/news/judgement-given-by-mrs-justice-hogg-on-7-july-2008/ http://www.iflg.uk.com/en/news/judgement-given-by-mrs-justice-hogg-on-7-july-2008/#When:11:10:00Z Judgement of Mrs Justice Hogg at the High Court, Family Division, RCJ, London, 7th July 2008, in open court 2008-07-08T11:10:00+00:00 http://www.iflg.uk.com/en/news/address-by-tim-scott-qc-to-the-high-court-of-justice-on-07-july-2008/ http://www.iflg.uk.com/en/news/address-by-tim-scott-qc-to-the-high-court-of-justice-on-07-july-2008/#When:11:42:00Z Statement made in open Court. 2008-07-07T11:42:00+00:00 http://www.iflg.uk.com/en/news/a-practical-guide-to-international-family-law/ http://www.iflg.uk.com/en/news/a-practical-guide-to-international-family-law/#When:11:00:00Z This is a new book written by David Hodson and published by Jordans, the leading family law publishers, in July 2008. It provides the practitioner with comprehensive coverage of the international elements of the law, presuming a knowledge of the general law of children, ancillary relief etc. It is written in an accessible style (with checklists, flow-charts, highlighted boxes) for family lawyers in England and Wales who require guidance on good practice and procedure in respect of international matters. The areas covered by the book are set out on the attached flyer. Other members of iFLG assisted in writing the book. It can be ordered online at http://www.jordanpublishing.co.uk/Publications/catDetails.aspx?productID=698 or by contacting iFLG 2008-07-04T11:00:00+00:00 http://www.iflg.uk.com/en/news/imove/ http://www.iflg.uk.com/en/news/imove/#When:18:58:00Z The International Family Law Group moved on 22nd February 2008 to new premises in Covent Garden. They are only one minute’s walk away from the previous premises in Southampton Street. However they are much larger and much better premises and are helping the firm in its continued growth. There is a new telephone number and a new fax number. The details are as follows: The International Family Law Group Hudson House 8 Tavistock Street London WC2E 7PP Our numbers are: Phone: +44 (0) 203 178 5668 Fax: +44 (0) 203 178 5669 2008-02-21T18:58:00+00:00 http://www.iflg.uk.com/en/news/marinos-new-definitions-of-habitual-residence-and-residence-for-european-un/ http://www.iflg.uk.com/en/news/marinos-new-definitions-of-habitual-residence-and-residence-for-european-un/#When:17:43:00Z Marinos: new definitions of habitual residence and residence for European Union family law cases, affecting opportunities to claim jurisdiction in countries with which a family has close connections. An important decision by Mr Justice Munby in the English High Court has decided that in European Brussels II cases: habitual residence must be defined in accordance with European community law; habitual residence is more directed to a person’s fixed centre of interest rather than length of residency; a person can only have one habitual residence at any one time but can be resident in more than one country at any one time; habitual residence can be lost and gained within a day akin to domicile; and previous English law on residency and habitual residency still applies in non EU cases The decision has very considerable relevance for international families with ongoing strong connections with two or more countries. It potentially broadens the opportunity to claim divorce jurisdiction in the more favourable country. A commentary by David Hodson can be found on the information pages and is being published in the December edition of Family Law magazine. 2007-10-29T17:43:00+00:00 http://www.iflg.uk.com/en/news/eu-treaty-impact-on-family-law/ http://www.iflg.uk.com/en/news/eu-treaty-impact-on-family-law/#When:17:51:00Z On 18th October in Lisbon, the Prime Minister, Gordon Brown, announced an agreement of EU leaders on a new EU treaty. Distinctly not a constitution, we are told, but what will be its impact on English family law? Specifically, does it weaken our position to oppose applicable law and other reforms contrary to our culture and traditions? Dr Helen Stalford of Liverpool University, a leading commentator of European family law, has carried out an examination of the new treaty for the Presidents International committee. David Hodson summarises in an article on the information pages, and published in December Family Law. 2007-10-18T17:51:00+00:00 http://www.iflg.uk.com/en/news/ministry-of-justice-consultation-paper/ http://www.iflg.uk.com/en/news/ministry-of-justice-consultation-paper/#When:18:08:00Z The Ministry of Justice has produced a consultation paper, “Confidence and Confidentiality: openness in family courts-a new approach”. This follows up the consultation in 2006. Following strong representations by those representing children, the original proposal of allowing access to the family courts by the media as of right has been held back and instead a raft of proposals put forward to encourage the provision of information from the courts. Consultation ends on first October. Full details can be found at http://www.familylawweek.co.uk/library.asp?i=2980 2007-06-20T18:08:00+00:00 http://www.iflg.uk.com/en/news/article-published-by-david-hodson-on-the-charman-judgement/ http://www.iflg.uk.com/en/news/article-published-by-david-hodson-on-the-charman-judgement/#When:18:07:00Z Article published by David Hodson on the Charman judgment, providing a summary impact assessment, with a background to the case, the outcome and the judgement of the court on issues concerning trusts, the principle of equality of division, special contribution and a number of other important aspects of English financial provision law. The court also makes recommendations for reform of the law. It was first published by Family Law Week, online. 2007-06-18T18:07:00+00:00 http://www.iflg.uk.com/en/news/child-support-agency-to-be-replaced-with-another-agency/ http://www.iflg.uk.com/en/news/child-support-agency-to-be-replaced-with-another-agency/#When:18:04:00Z The government has at long last published a bill to replace the Child Support Agency, with another agency! Further comment will follow. The Bill is published at http://www.publications.parliament.uk/pa/cm200607/cmbills/118/2007118.pdf 2007-06-11T18:04:00+00:00