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News Articles From No.18 Chambers

GUIDANCE ON PREPARATION OF ELECTRONIC BUNDLES (IN PUBLIC LAW PROCEEDINGS)

Issued :26th February 2024 To: Family Presiding Judges and Designated Family Judges The Guidance on Electronic Bundles, will be suspended in relation to public law, with immediate effect. The guidance will continue to apply to private law and financial remedy proceedings. The guidance will be referred to the Family Procedure Rule Committee...

T v T [2023] EWFC 243 : what if permission is sought to remove a child temporarily to a country where the Hague Convention is not yet operative between the UK and that particular country? What if there is no QLR?

Amelia King (2016)

This case concerned a child, aged 5 years old, and an application by the mother (“M”) for permission to take the child to Pakistan for a holiday. The father (“F”) opposed the application. The M was represented but the F was a litigant in person. Findings had been made against...

New powers for the Child Maintenance Service to recover cash from non-paying parents faster.

Parents who wilfully refuse to pay maintenance for their children will face swifter enforcement action £20 CMS application fee will be scrapped from 26 February so no child misses out  The government is reforming the Child Maintenance Service (CMS) to crack down on parents who refuse to pay and ensure children get the support...

Local family justice pilot launched in Dorset as part of 'reimagining pre-proceedings' project

Family Rights Group has announced Dorset as the local family justice pilot area to help “safely avert the need for care proceedings”, by providing early partnership working for children and families. The pilot, set to last 15 months, will bring together families, Dorset Council, partner agencies, local services, and the Dorset...

What parents can and cannot do without the other’s consent – a brief look at the unilateral exercise of PR

Asher Shane (2010)

I recently represented a mother who was the respondent to an application made by the father for a Prohibited Steps Order (‘PSO’), prohibiting her from relocating with the parties’ children to another part of England. The father asserted that the mother required his consent for the proposed move. His application sought...

High Court judge gives guidance on use of intermediaries in Family Court

The High Court has given guidance on the use of intermediaries in the Family Court, in a case concerning a 2-and-a-half year old girl, which was in week 127 at the hearing last month.Outlining the background to the case in West Northamptonshire Council v KA & Ors [2024] EWHC 79 (Fam), Mrs...

Ms X v Mr Y [2023] EWHC 3170 (Fam) (11 December 2023)

Helen Moizer (2018)

Removal of father's parental responsibility and judicial comment on management of highly contentious private law proceedings. Facts: By the time of this final hearing, proceedings alone had been going on for more than 3 years. On 8 November 2018 a final order was made by DDJ Flood by consent, which provided that...

Groundbreaking Family Court reporting pilot rolled out to sixteen more courts across England

On Monday 29 January 2024 the Transparency Implementation Group Reporting Pilot (TIG), which for the first time made it the default position that the media could report on family cases, will be extended to 16 courts across the country. The pilot introduces a presumption that accredited media and legal...

Williams v Williams [2023] EWHC 3098 (Fam) - Moor J - Financial Remedy - Hadkinson order - legal services funding order - brief report!

Gary Fawcett (1975)

In financial remedy proceedings, the billionaire husband, took little part in the process, and when he did, he caused trouble. He filed no form E, applications were made for his committal etc. W made two applications, first an application pursuant to the case of Hadkinson to prevent H, from playing any...

Reporting pilot for Financial Remedies Court proceedings announced

Journalists and legal bloggers will be able to report on financial remedies proceedings in the Financial Remedies Court (FRC) at three courts from 29 January 2024, in the latest reporting pilot launched by the President of the Family Division, Sir Andrew McFarlane. This is the latest announcement following Sir Andrew McFarlane’s...

Supreme Court rules Deliveroo riders not entitled to collective bargaining: how this judgment on a judicial review challenge crosses over into employment law.

Helen Moizer (2018)

The Supreme Court handed down the decision on 21 November 2023 for Independent Workers Union of Great Britain (Appellant) v Central Arbitration Committee and another (Respondents) [2023] UKSC 43. The judgment helpfully provides a clear introduction of the case which begins with: “Deliveroo riders have become a familiar sight in our...

P v F [2023] EWHC 2730 (Fam): the importance of PD12B and following procedure for s91(14) orders

In P v F [2023] EWHC 2730 (Fam), the court considered an appeal in relation to indirect contact and a s91(14) order for a period of two years. The case concerned two children; twins born on 24th October 2011. This was the third set of Children Act proceedings. A welfare report...

Children Law Update : a summary of key issues and updates relating to children matters

Sara Chalk (2018)

Below are a summary of key issues and updates relating to children matters. Covert Recordings and Electronic Evidence In December 2022, the Family Justice Council (“FJC”) released draft guidance on covert recordings in family law proceedings concerning children. Over the last few years there has been an increase in covert recordings being used by...

Important read for FR practitioners : Fair Shares - Sorting out money and property on divorce’

The Nuffield foundation in conjunction with others have provide a major study of the financial and property arrangements that people make when they divorce and seeks to evaluate the extent to which it enables them to reach fair outcomes. The Executive summary can be found below ( & attached with...

Presidential Guidance and Practice Direction: Recording and Transcription of Hearings in the Employment Tribunals

The Presidents of Employment Tribunals in England and Wales and in Scotland have published a joint Practice Direction on the recording of Employment Tribunal hearings and the transcription of such recordings. It is accompanied by joint Presidential Guidance. The two documents were published on 6 November 2023 and take effect...

Hybrid instructions (Unbundling) - pay as you go instructions and litigation?

As the legal market continues to adapt to the new world, clients are also evolving and want to make their money go further. This has seen a rise in Hybrid instructions i.e. unbundling. A little known fact is that in some circumstances solicitors no longer need to be on record. The...

Disclosure of Electronic Documents and the Civil Procedure Rules (CPR)

Earlier this year I invited the Family Procedure Rule Committee (‘FPRC’) to consider making provision in the Family Procedure Rules (‘FPR’) for the disclosure and examination of mobile phone records and other electronic records. The FPRC has agreed to consider making the necessary amendments to the FPR to govern the...

Article 10 Rights v Article 8 Rights: Tickle v Father & Ors [2023] EWHC 2446 (Fam) (05 October 2023)

Amelia King (2016)

This was an appeal within private law proceedings concerning rights under Article 10 ECHR to report and the child & family’s Article 8 rights to privacy. There were 4 parties – the appellant journalist (who shall be referred to as “LT”), the father, the mother and the child. At a final...

Revised Practice Guidance on the Court’s approach to unregistered placements

This Guidance replaces the 2019 Practice Guidance: Placements in unregistered children’s homes in England or unregistered care home services in Wales, and the 2020 Addendum. Introduction Those documents set out Guidance in respect of the registration and regulation structure applicable for residential care facilities for children and young persons. As is well...

Revised National Listing Protocol for applications that seek Deprivation of Liberty Orders relating to children under the inherent jurisdiction

INTRODUCTION Following the conclusion of the initial pilot scheme in July 2023 and the extensive consultation with judges and other stakeholders which followed, the organisation and listing of DoL orders relating to children under the inherent jurisdiction is being revised. The National DoL Court will no longer operate under that title....

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News Articles From No.18 Chambers

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