Podcast Location:
Download it here [file size: 19.6 MB]
Categories:
Family Law
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This two-part podcast series is aimed at family law practitioners interested in the issue of addiction in private law proceedings. It explores how the court will respond when allegations of addiction or violence are raised and some of the protective measures the court may put into place. It will provide procedural and practical advice for practitioners whose client appears to be under the influence of a substance and discuss the professional conduct issues that can arise in these circumstances.

Outcomes:
After completing the course you will:
  • Appreciate how addiction can feature in private law proceedings;
  • Understand how protective measures such as undertakings or supported/supervised conduct can be used in addiction cases;
  • Know how the court should respond when allegations of addiction or violence are raised and when a fact finding hearing will be necessary;
  • Be familiar with the practical and procedural rules regarding experts;
  • Understand when one would consider seeking disclosure of a party’s medical records;
  • Be aware of the professional conduct issues that can arise in these kinds of cases;
  • Know how to deal with a client who appears to be under the influence of a substance;
  • Have considered the principles relating to capacity;
  • Be aware of the methods of testing available to the court to assess an individual’s alcohol use.
Level:
Specialist Difficulty: 5 of 5
Classification:
Practical Guide
Sources and References:
  • Law Society Family Law Protocol;
  • London Borough of Richmond upon Thames v B [2010] EWCA 2903 (Fam);
  • Practice Direction: 'Experts in Family Proceedings Relating to Children' (2009) 2 FLR 1383;
  • R v Cox and Railton (1884) 14 QBD 153;
  • Re B [2008] 2 FLR 141;
  • Re F (Children) (DNA Evidence) [2007] EWHC 3235, [2008] 1 FLR 328;
  • Re L (A Minor) (Police Investigation: Privilege) [1996] 1 FLR 731);
  • Re M (A Minor) [1990] 2 FLR 36;
  • Resolution Guide to Good Practice;
  • SRA Professional Ethics helpline number: 0870 606 2577;
  • SRA Solicitors’ Code of Conduct;
  • W v Egdell [1990] 1 All ER 835.

In this two-part podcast series Katherine Kelsey from 1 King’s Bench Walk gives a practical and tactical approach to the issue of addiction in private law proceedings.

Date recorded: 14th March 2012

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