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Expanded AML remit for the FCA: a good or bad thing?
Colette Best
On 28 June 2013, the UK Government announced that it has given the go ahead to a technique called “mitochondrial transfer”, which could not have been better timed - just ahead of the second International Family Law and Practice Conference 2013 “Parentage, Equality and Gender”.
Surrogacy hits the headlines again this week, not because of the Coronation Street story line, but following the report (commissioned by the European Parliament) on surrogacy across the EU Member States. My initial hope was that this comparative report would be the precursor to some form of harmonisation across Europe, but sadly, it seems that the lack of consensus between EU countries on the legality of surrogacy means we are a long way off a harmonisation of approach.
Today, CAFCASS (The Children and Family Court Advisory and Support Service) confirmed receipt of 4,267 new private law referrals for the month of June, representing a 29% increase on the figures for the same month last year. Last month’s report confirmed that 5,038 cases were referred in May 2013, which was the highest amount on record. These figures show that, after a slight lull in 2011 (after the introduction of compulsory Mediation Information and Assessment Meetings (MIAMs) in 2010), private law children applications are on the increase.
The government overhaul of legal aid (public funding) came into force on 1 April 2013 and is due to affect the entire justice system. Criminal barristers have begun striking, court staff are already striking and, with the family court system at breaking point, litigation is becoming even more of a last resort for privately paying clients.
Labelled ‘the biggest shake up of the welfare system for a generation’, Universal Credit is a new welfare benefit in the United Kingdom that will replace seven of the main means-tested benefits and tax credits.
In cases relying upon means tested benefits, family lawyers will struggle to estimate the timing or quantum of any impact upon receipt of benefits or the future entitlement of their client or client’s spouse. It will be crystal ball gazing to attempt to predict with any accuracy the payments that will be received after the changes have been implemented or when they will take effect in the appropriate region. Most crucial, however, is the treatment of unearned income under the new Universal Credit system. There will be a pound for pound reduction in Universal Credit Support for income received from ‘Universal Credit Equivalents’, which includes pension income from early retirement and most notably for family lawyers, spousal maintenance payments.
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