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GLOSSARY
To 'falsify' is to 'make false'.
PRACTICE NOTES
The offence of falsifying, altering or failing to make required records When a driver undertakes a relevant journey in a goods vehicle or passenger service vehicle, the driving must be recorded on prescribed tachograph equipment unless the journey is exempt. A summary of exemptions can be found here. Where the exemptions apply, there may be a duty to comply with the Domestic Rules, which could require a written record to be made. There are a number of offences contained within the Transport Act 1968 (TrA 1968) relating to the failure to record driving, the creation of a false record of driving or the use of equipment which may aid the falsification of driving records. These have been supplemented over the years to account for the advancement and digitalisation of the regime for recording drivers’ records. The purpose of the legislation is to regulate the hours of work by drivers of goods vehicles and passenger carrying vehicles in order to protect the public against the risks
NEWS
The government is set to amend the Employment Rights Bill to give parents the legal right to take time off work to grieve if they experience pregnancy loss at any stage.
PRACTICE NOTES
The Family case tracker is a list of international children family judgments that were handed down or reported in 2026 which are relevant to family lawyers. Cases are listed in reverse chronological order with the most recent at the top of the table. The table covers published England and Wales judgments concerning international child abduction and proceedings under the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction and the Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children, cross-border jurisdiction, summary return, international relocation, transnational abandonment and international adoption. Publication of Family Division judgments is selective, so this is not an exhaustive list. The tracker uses the following definitions: • the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (the 1980 Hague Convention) • the Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of
PRACTICE NOTES
This Family case tracker is a list of public children family judgments that were handed down or reported in 2026 which are relevant to family lawyers. Cases are listed by judgment date in reverse chronological order with the most recent at the top of the table. The table covers published England and Wales judgments concerning public law children proceedings, including care and supervision orders, placement and adoption, fact-finding, foster care, local authority duties, disclosure and safeguarding and related procedural and human rights issues. Publication of Family Division judgments is selective, so this is not an exhaustive list. Links to Lexis+ UK Family Case Analysis are included in this tracker where they are available. The tracker uses the following definitions: • Children Act 1989 (ChA 1989) • Adoption and Children Act 2002 (ACA 2002) • Family Procedure Rules 2010, SI 2010/2955 (FPR 2010) • Human Rights Act 1998 (HRA 1998), and • European Convention on Human Rights (ECHR) For practical guidance on public children, see: • Care and supervision orders—overview • Adoption—overview • Procedure and case management—overview • Secure
NEWS
Family analysis: In Re XX v GH (Legal Services Act 2007 Exemption) [2026] EWFC 51 (B), His Honour Judge Farquhar considered the impact of the High Court’s decision in Mazur on exemptions under Schedule 3 to the Legal Services Act 2007 (LSA 2007) in the context of family proceedings. The court refused to grant an experienced chartered legal executive an exemption to conduct litigation in financial remedy proceedings, holding that such exemptions should only be granted in genuinely exceptional circumstances and emphasising strict adherence to the statutory scheme unless and until the Court of Appeal indicates otherwise in their much anticipated decision in Mazur.
NEWS
The President of Family Division, Sir Andrew McFarlane, gave the keynote address to the POTATO (Parents of Traumatised Adopted Teens Organisation) Group Conference 2024. This is a group of parents who have adopted children from the care system in England and Wales over the past 20 years or so and have experienced very significant challenges during their children’s teen years as a result of the effects of previous trauma being played out. The address focused on contact with the child’s natural family..
NEWS
The Family Division has opened a public consultation on comprehensively revised allocation and gatekeeping guidance for family courts. The new draft guidance, approved by the President of the Family Division, combines public and private law cases into a single document, introduces specific provisions for magistrates' case allocation, and incorporates adoption cases previously only referenced in the Family Court (Composition and Distribution of Business Rules) 2014. The revision follows work by the Family Magistrates Working Group, established in February 2024, to review existing allocation procedures. The consultation runs from 1 September to 4pm on 10 October 2025.
GLOSSARY
A type of term assurance that pays benefits as an income rather than a lump sum, which is ideal for family protection.
NEWS
Private Client analysis: For high net worth (HNW) UK resident clients who have until now relied on their non-domicile (non-dom) status for their tax and estate planning, the tax changes coming into effect from 6 April 2025 represent a significant and perhaps daunting change. The move from domicile-based to residence-based regimes for exposure to UK tax on non-UK assets, across income tax, capital gains tax, and inheritance tax (IHT), will mean that many non-dom or deemed dom UK residents will be brought fully into the scope of UK tax along with the offshore trust structures they have set up. The family investment company (FIC) can represent an alternative or additional tax and estate planning option for the right type of client. This article sets out some of the main advantages and disadvantages of FICs for HNWs. Written by James Gribbin, Michelmores LLP
NEWS
The Family Justice Council has scheduled its 17th annual debate for 5 December 2024 from 5-7pm, addressing the topical question: ’Has the time come to widen the scope of legal parentage?’ The event, to be chaired by Sir Andrew McFarlane, President of the Family Division and Chair of the Family Justice Council, will take place in central London with both in-person and live-streamed attendance options via MS Teams. The speakers will be announced shortly. This debate aims to engage key professionals within the family justice system and representatives of service users. Registration for in-person attendance closes on 26 November 2024, with online registration available until 2 December 2024. The Council's choice of topic reflects ongoing discussions in family law regarding the evolving nature of parenthood and its legal recognition.
NEWS
The Family Justice Council (FJC) has published comprehensive guidance for the judiciary and practitioners on responding to a child's unexplained reluctance, resistance or refusal to spend time with a parent, as well as allegations of alienating behaviour. The guidance, which followed an extensive consultation, dispels myths about parental alienation syndrome, reaffirms fact-finding relating both to allegations of alienating behaviour or domestic abuse as a judicial function, and emphasises the importance of considering domestic abuse allegations alongside alienation claims. It aims to centralise the child's voice and improve consistency in court approaches. The President of the Family Division, Sir Andrew McFarlane, has endorsed the guidance, urging all family justice professionals to review it carefully. The FJC also announced forthcoming guidance on neurodiversity, covert recordings, financial needs on divorce and procedures for applications for medical treatment orders for children.