Remote court hearings - the practical implications
Sarah Lilley discusses the practical implications of remotely conducting family law matters in the Sheriff Court. Sarah will share her own experiences and provide advice in relation to conducting procedural hearings, child welfare hearings and proofs over both the telephone and WebEx platform. The information to be shared will include details as to the recording of evidence and sharing of productions.
Marie Clark will discuss the challenges of remote hearings, both teleconference and audiovisual, in the Court of Session, both in the Outer House and the Inner House. This will include the use (and limitations) of written submissions, preparation for the hearings, the use of productions, authorities and voluminous bundles, and supporting the giving of evidence by witnesses.
Sarah Lilley, Brodies & Marie Clark, Arnot Manderson Advocates
The free movement of parents – is Scots law biased?
This talk will be about recent decisions on relocation of children and will look at the decisions from the point of view of all involved. It will also look to see whether children who are involved in court processes are treated any differently (better or worse) than their peers who are never the subject of court proceedings.
Lynda Brabender QC, Westwater Advocates
ADR - horses for courses
This session will look at the factors to be taken into account when considering which form of dispute resolution is best suited to your client, focusing in particular on the collaborative approach, mediation and arbitration.
Shona Smith, Balfour & Manson
The views of the child in family law disputes
Are children active participants or passive bystanders in family law disputes? Incorporating a discussion of UNCR Article 12, and effective participation in terms of the Children's (Scotland) Act 1995 as amended by the Children's (Scotland) Act 2020, this session will consider whether effective participation trumps welfare.
Lisa Girdwood, Brodies
Cross-border family law – jurisdiction, recognition and enforcement
The UK’s withdrawal from the EU followed by the ending of the transition period on 31 December 2020, have brought about significant changes in the law which applies to cross-border family cases. Delegates will learn the current position in respect of the rules which determine when the Scottish courts have jurisdiction to hear cross-border family cases. You will also learn what the current situation is with regard to the recognition and enforcement of foreign judgments in family law cases.
Dr Kirsty J Hood QC, Themis Advocates
Adoption and permanence law and practice
This session will look at the interface between the Children’s Hearing and adoption/permanence proceedings, including discussion around the interests of siblings of looked after children at the Children’s Hearing. It will also cover how contact issues are dealt with at the Children’s Hearing and court where permanence or adoption is being pursued. Recent case law and developments in practice will be explored, including the impact of Covid-19 on permanence cases.
Chris Thomson, JK Cameron
Financial provision on divorce - recent developments
Ruth Innes QC, Westwater Advocates
An introduction to business valuations
This session will provide an introduction to business valuations and also consider valuations of different sizes of shareholdings in a business. The three principal valuation methodologies will be covered and it will also take a look at other possible methodologies.
Peter Graham, MHA Henderson Loggie
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